ML19176A006

Federal Register Notice: Proposed Agreement Between the Nuclear Regulatory Commission and the State of Vermont

ML19176A006
Person / Time
Issue date:	06/25/2019
From:	Duane White Office of Nuclear Material Safety and Safeguards
To:
Shared Package
ML19136A090	List: ML19136A091 ML19176A006
References
84FR29811, NRC-2019-0114
Download: ML19176A006 (5)

Text

29811 Proposed Rules Federal Register Vol. 84, No. 122 Tuesday, June 25, 2019 This section of the FEDERAL REGISTER

• Federal Rulemaking Website: Go to

• NRCs PDR: You may examine and contains notices to the public of the proposed https://www.regulations.gov and search purchase copies of public documents at issuance of rules and regulations. The for Docket ID NRC-2019-0114. Address the NRCs PDR, Room O1-F21, One purpose of these notices is to give interested questions about NRC dockets in White Flint North, 11555 Rockville persons an opportunity to participate in the Regulations.gov to Jennifer Borges; Pike, Rockville, Maryland 20852.

rule making prior to the adoption of the final telephone: 301-287-9127; email:

rules. B. Submitting Comments Jennifer.Borges@nrc.gov. For technical questions, contact the individuals listed Please include Docket ID NRC-2019-NUCLEAR REGULATORY in the FOR FURTHER INFORMATION 0114 in your comment submission. The COMMISSION CONTACT section of this document. NRC cautions you not to include For additional direction on obtaining identifying or contact information that 10 CFR Part 150 information and submitting comments, you do not want to be publicly see Obtaining Information and disclosed in your comment submission.

[NRC-2019-0114] Submitting Comments in the The NRC will post all comment SUPPLEMENTARY INFORMATION section of submissions at https://

State of Vermont: NRC Staff this document. www.regulations.gov as well as enter the Assessment of a Proposed Agreement Between the Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: comment submissions into ADAMS.

Commission and the State of Vermont Duncan White, Office of Nuclear The NRC does not routinely edit Material Safety and Safeguards, comment submissions to remove AGENCY: Nuclear Regulatory telephone: 301-415-2598, email: identifying or contact information.

Commission. Duncan.White@nrc.gov of the U.S. If you are requesting or aggregating ACTION: Proposed state agreement; Nuclear Regulatory Commission, comments from other persons for request for comment. Washington, DC 20555-0001. submission to the NRC, then you should SUPPLEMENTARY INFORMATION: inform those persons not to include

SUMMARY

By letter dated April 11, 2019, identifying or contact information that Governor Philip Scott of the State of I. Obtaining Information and they do not want to be publicly Vermont requested that the U.S. Nuclear Submitting Comments disclosed in their comment submission.

Regulatory Commission (NRC or A. Obtaining Information Your request should state that the NRC Commission) enter into an Agreement does not routinely edit comment Please refer to Docket ID NRC-2019-with the State of Vermont as authorized submissions to remove such information 0114 when contacting the NRC about by Section 274b. of the Atomic Energy before making the comment the availability of information for this Act of 1954, as amended (AEA). submissions available to the public or action. You may obtain publicly-Under the proposed Agreement, the entering the comment into ADAMS.

available information related to this Commission would discontinue, and the action by any of the following methods: II. Additional Information on State of Vermont would assume,

• Federal Rulemaking Website: Go to regulatory authority over certain types Agreements Entered Under Section 274 https://www.regulations.gov and search of the AEA of byproduct materials as defined in the for Docket ID NRC-2019-0114.

AEA, source material, and special

• NRCs Agencywide Documents Under the proposed Agreement, the nuclear material in quantities not Access and Management System NRC would discontinue its authority sufficient to form a critical mass. (ADAMS): You may obtain publicly- over 36 licenses and would transfer its As required by Section 274e. of the available documents online in the regulatory authority over those licenses AEA, the NRC is publishing the ADAMS Public Documents collection at to the State of Vermont. The NRC proposed Agreement for public https://www.nrc.gov/reading-rm/ periodically reviews the performance of comment. The NRC is also publishing adams.html. To begin the search, select the Agreement States to assure the summary of a draft assessment by ADAMS Public Documents and then compliance with the provisions of the NRC staff of the State of Vermonts select Begin Web-based ADAMS Section 274.

regulatory program. Comments are Search. For problems with ADAMS, Section 274e. of the AEA requires that requested on the proposed Agreement please contact the NRCs Public the terms of the proposed Agreement be and its effect on public health and Document Room (PDR) reference staff at published in the Federal Register for safety. Comments are also requested on 1-800-397-4209, at 301-415-4737, or public comment once each week for the draft staff assessment, the adequacy by email to pdr.resource@nrc.gov. The four consecutive weeks. This document of the State of Vermonts program, and final application for an AEA Section 274 is being published in fulfillment of that the States program staff, as discussed in Agreement from the State of Vermont, requirement.

this document.

khammond on DSKBBV9HB2PROD with PROPOSALS the draft assessment of the proposed III. Proposed Agreement With the State DATES: Submit comments by July 25, Vermont program, and additional of Vermont 2019. Comments received after this date related correspondence between the will be considered if it is practical to do NRC and the State for the regulation of Background so, but the Commission is able to ensure agreement materials are available in (a) Section 274b. of the AEA provides consideration only for comments ADAMS under Accession Nos. the mechanism for a State to assume received before this date. ML19107A432, ML19114A092, regulatory authority from the NRC over ADDRESSES: You may submit comments ML19115A214, ML19102A130 and certain radioactive materials and by the following method: ML19113A279. activities that involve use of these VerDate Sep<11>2014 20:41 Jun 24, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1

29812 Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Proposed Rules materials. The radioactive materials, orderly transfer of regulatory authority Agreement, (46 FR 7540, January 23, sometimes referred to as Agreement over affected licenses from the NRC to 1981, as amended by Policy Statements materials, are byproduct materials as the State. In a letter dated April 11, published at 46 FR 36969, July 16, 1981, defined in Sections 11e.(1), 11e.(2), 2019, Governor Scott certified that the and at 48 FR 33376, July 21, 1983) 11e.(3), and 11e.(4) of the AEA; source State of Vermont has a program for the (Policy Statement), and the Office of material as defined in Section 11z. of control of radiation hazards that is Nuclear Material Safety and Safeguards the AEA; and special nuclear material as adequate to protect public health and Procedure SA-700, Processing an defined in Section 11aa. of the AEA, safety within the State of Vermont for Agreement (available at https://

restricted to quantities not sufficient to the materials and activities specified in scp.nrc.gov/procedures/sa700.pdf and form a critical mass. the proposed Agreement, and that the https://scp.nrc.gov/procedures/sa700_

The radioactive materials and State desires to assume regulatory hb.pdf). The Policy Statement has 28 activities (which together are usually responsibility for these materials and criteria that serve as the basis for the referred to as the categories of activities (ADAMS Accession No. NRC staffs assessment of the State of materials) that the State of Vermont ML19116A227). After the effective date Vermonts request for an Agreement.

requests authority over are: of the Agreement, licenses issued by the The following section will reference the

1. The possession and use of NRC would continue in effect as State appropriate criteria numbers from the byproduct material as defined in of Vermont licenses until the licenses Policy Statement that apply to each Section 11e.(1) of the Act; expire or are replaced by State-issued section.

2. The possession and use of licenses. (a) Organization and Personnel. The byproduct material as defined in (d) The draft staff assessment finds NRC staff reviewed these areas under Section 11e.(3) of the Act; that the Vermont Department of Healths Criteria 1, 2, 20, and 24 in the draft staff

3. The possession and use of Radioactive Materials Program is assessment. The State of Vermonts byproduct material as defined in adequate to protect public health and proposed Agreement materials program Section 11e.(4) of the Act; safety and is compatible with the NRCs for the regulation of radioactive

4. The possession and use of source regulatory program for the regulation of materials is called the Radioactive material; and Agreement materials. However, the NRC Materials Program, and will be located

5. The possession and use of special staff identified several sections of the within the existing Office of nuclear material, in quantities not Vermont Radioactive Materials Radiological Health of the Vermont sufficient to form a critical mass. regulations that were either not Department of Health.

(b) The proposed Agreement contains compatible or needed additional The educational requirements for the articles that: editorial changes. By letter dated May Radioactive Materials Program staff are (i) Specify the materials and activities 10, 2019, the NRC staff described these specified in the State of Vermonts over which authority is transferred; compatibility and editorial issues, and personnel position descriptions and (ii) Specify the materials and requested that the Vermont Department meet the NRC criteria with respect to activities over which the Commission of Health reply within 60 days with a formal education or combined will retain regulatory authority; commitment to make the described education and experience requirements.

(iii) Continue the authority of the regulatory changes as soon as All current staff members hold a Commission to safeguard special practicable (ADAMS Accession No. Masters Degree in either environmental nuclear material, protect restricted data, ML19102A160). The resolution of these science or radiologic and imaging and protect common defense and comments does not interfere with the sciences. All have training and work security; NRC staffs processing of Vermonts experience in radiation protection.

(iv) Commit the State of Vermont and Agreement State Application. On June Supervisory level staff have at least 20 the NRC to exchange information as 6, 2019, the NRC received a letter from years of working experience in radiation necessary to maintain coordinated and the Vermont Department of Health protection.

compatible programs; committing to making these The State of Vermont performed an (v) Provide for the reciprocal compatibility and editorial changes analysis of the expected workload under recognition of licenses; (ADAMS Accession No. ML19161A133). the proposed Agreement. Based on the (vi) Provide for the suspension or Therefore, the State of Vermont has NRC staff review of the State of termination of the Agreement; and committed to adopting an adequate and Vermonts analysis, the State has an (vii) Specify the effective date of the compatible set of radiation protection adequate number of staff to regulate proposed Agreement. regulations that apply to byproduct, radioactive materials under the terms of The Commission reserves the option source, and special nuclear materials in the proposed Agreement. The State of to modify the terms of the proposed quantities not sufficient to form a Vermont will employ the equivalent of Agreement in response to comments, to critical mass. 1.25 full-time equivalent professional correct errors, and to make editorial and technical staff to support the changes. The final text of the proposed Summary of the Draft NRC Staff Radioactive Materials Program.

Agreement, with the effective date, will Assessment of the State of Vermonts The State of Vermont has indicated be published after the Agreement is Program for the Regulation of that the Radioactive Materials Program approved by the Commission and Agreement Materials has an adequate number of trained and signed by the NRC Chairman and the The NRC staff has examined the State qualified staff in place. The State of khammond on DSKBBV9HB2PROD with PROPOSALS Governor of Vermont. of Vermonts request for an Agreement Vermont has developed qualification (c) The regulatory program is with respect to the ability of the States procedures for license reviewers and authorized by law under the Vermont radiation control program to regulate inspectors that are similar to the NRCs Statutes Annotated (VT. STAT. ANN.) Agreement materials. The examination procedures. The Radioactive Materials title 18, sections 1651 through 1657, was based on the Commissions Policy Program staff has accompanied the NRC which provides the Governor with the Statement, Criteria for Guidance of staff on inspections of NRC licensees in authority to enter into an Agreement States and NRC in Discontinuance of Vermont and participated in licensing with the Commission. The State of NRC Regulatory Authority and training at NRCs Region I with Division Vermont law contains provisions for the Assumption Thereof by States Through of Nuclear Materials Safety staff. The VerDate Sep<11>2014 20:41 Jun 24, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1

Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Proposed Rules 29813 Radioactive Materials Program staff is committing to making these staff assessment. The State of Vermont also actively supplementing its compatibility and editorial changes. has adopted a schedule providing for experience through direct meetings, Therefore, the State of Vermont has the inspection of licensees as frequently discussions, and facility visits with the committed to adopting an adequate and as, or more frequently than, the NRC licensees in the State of Vermont compatible set of radiation protection inspection schedule used by the NRC.

and through self-study, in-house regulations that apply to byproduct The State of Vermonts Radioactive training, and formal training. materials, source material and special Materials Program has adopted Overall, the NRC staff concluded that nuclear material in quantities not procedures for the conduct of the Radioactive Materials Program staff sufficient to form a critical mass. The inspections, reporting of inspection identified by the State of Vermont to NRC staff also verified that the State of findings, and reporting inspection participate in the Agreement materials Vermont will not attempt to enforce results to the licensees. Additionally, program has sufficient knowledge and regulatory matters reserved to the the State of Vermont has also adopted experience in radiation protection, the Commission. procedures for the enforcement of use of radioactive materials, the (c) Storage and Disposal. The NRC regulatory requirements.

standards for the evaluation of staff reviewed these areas under Criteria (h) Regulatory Administration. The applications for licensing, and the 8, 9a, and 11 in the draft staff NRC staff reviewed this area under techniques of inspecting licensed users assessment. The State of Vermont has Criterion 23 in the draft staff of Agreement materials. adopted NRC compatible requirements assessment. The State of Vermont is (b) Legislation and Regulations. The for the handling and storage of bound by requirements specified in its NRC staff reviewed these areas under radioactive material, including State law for rulemaking, issuing Criteria 1-15, 17, 19, and 21-28 in the regulations equivalent to the applicable licenses, and taking enforcement draft staff assessment. The Vermont standards contained in 10 CFR part 20, actions. The State of Vermont has also Statutes Annotated, VT. STAT. ANN. which address the general requirements adopted administrative procedures to tit. 18, sections 1651 through 1657 for waste disposal, and part 61, which assure fair and impartial treatment of provide the authority to enter into the addresses waste classification and form. license applicants. The State of Vermont Agreement and establish the Vermont These regulations are applicable to all law prescribes standards of ethical Department of Health as the lead agency licensees covered under this proposed conduct for State employees.

for the States Radioactive Materials Agreement. (i) Cooperation with Other Agencies.

Program. The Department has the (d) Transportation of Radioactive The NRC staff reviewed this area under requisite authority to promulgate Material. The NRC staff reviewed this Criteria 25, 26, and 27 in the draft staff regulations under the Vermont Statutes area under Criteria 10 in the draft staff assessment. The State of Vermont law Annotated, VT. STAT. ANN. tit. 18, assessment. The State of Vermont has provides for the recognition of existing section 1653(b)(1) for protection against adopted compatible regulations to the NRC and Agreement State licenses and radiation. The Vermont Statutes NRC regulations in 10 CFR part 71. Part the State has a process in place for the Annotated, VT. STAT. ANN. tit. 18, 71 contains the requirements licensees transition of active NRC licenses. Upon sections 1651 through 1657 also provide must follow when preparing packages the effective date of the Agreement, all the Radioactive Materials Program the containing radioactive material for active NRC radioactive materials authority to issue licenses and orders; transport. Part 71 also contains licenses issued to facilities in the State conduct inspections; and enforce requirements related to the licensing of of Vermont will be recognized as compliance with regulations, license packaging for use in transporting Vermont Department of Health licenses.

conditions, and orders. The Vermont radioactive materials. The State of Vermont also provides Statutes Annotated, VT. STAT. ANN. (e) Recordkeeping and Incident for timely renewal. This provision tit. 18, section 1654 requires licensees to Reporting. The NRC staff reviewed this affords the continuance of licenses for provide access to inspectors. area under Criteria 1 and 11 in the draft which an application for renewal has The NRC staff verified that the State staff assessment. The State of Vermont been filed more than 30 days prior to of Vermont adopted by reference the has adopted compatible regulations to the date of expiration of the license.

relevant NRC regulations in parts 19, 20, the sections of the NRC regulations that NRC licenses transferred while in timely 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, specify requirements for licensees to renewal are included under the 70, 71, and 150 of title 10 of the Code keep records and to report incidents or continuation provision.

of Federal Regulations (10 CFR) into the accidents involving the States regulated The State of Vermont regulations, in Vermont Radioactive Materials Rule, Agreement materials. Vermont Radioactive Materials Rule Chapter 6, Subchapter 5. During its (f) Evaluation of License Applications. Chapter 6, Subchapter 5, provide review, the NRC staff identified several The NRC staff reviewed this area under exemptions from the States sections of the final Vermont Criteria 1, 7, 8, 9a, 13, 14, 15, 20, 23, requirements for the NRC and the U.S.

Radioactive Materials regulations that and 25 in the draft staff assessment. The Department of Energy contractors or are not compatible or need editorial State of Vermont has adopted subcontractors; the exemptions must be changes. By letter dated May 10, 2019, compatible regulations to the NRC authorized by law and determined not the NRC staff described these regulations that specify the to endanger life or property and to compatibility and editorial issues, and requirements to obtain a license to otherwise be in the public interest. The requested that the Vermont Department possess or use radioactive materials. proposed Agreement commits the State khammond on DSKBBV9HB2PROD with PROPOSALS of Health reply within 60 days with a The State of Vermont has also of Vermont to use its best efforts to commitment to make the described developed licensing procedures and cooperate with the NRC and the other regulatory changes as soon as adopted NRC licensing guides for Agreement States in the formulation of practicable. The resolution of these specific uses of radioactive material for standards and regulatory programs for comments does not interfere with the use by the program staff when the protection against hazards of NRC staffs processing of Vermonts evaluating license applications. radiation, and to assure that the States Agreement State Application. On June (g) Inspections and Enforcement. The program will continue to be compatible 6, 2019, the NRC staff received a letter NRC staff reviewed these areas under with the Commissions program for the from the Vermont Department of Health Criteria 1, 16, 18, 19, and 23 in the draft regulation of Agreement materials. The VerDate Sep<11>2014 20:41 Jun 24, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1

29814 Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Proposed Rules proposed Agreement specifies the For the Nuclear Regulatory Commission. of radiation and in assuring that State desirability of reciprocal recognition of Andrea L. Kock, and Commission programs for licenses, and commits the Commission Director, Division of Materials Safety, protection against hazards of radiation and the State of Vermont to use their Security, State, and Tribal Programs, Office will be coordinated and compatible; best efforts to accord such reciprocity. of Nuclear Material Safety and Safeguards. and, The State of Vermont would be able to Note: The following appendix will not WHEREAS, The Commission and the recognize the licenses of other appear in the Code of Federal State of Vermont recognize the jurisdictions by general license. Regulations. desirability of the reciprocal recognition of licenses, and of the granting of Staff Conclusion APPENDIX A limited exemptions from licensing of AN AGREEMENT BETWEEN THE those materials subject to this Section 274d. of the AEA provides Agreement; and, UNITED STATES NUCLEAR that the Commission shall enter into an WHEREAS, This Agreement is REGULATORY COMMISSION AND Agreement under Section 274b. with entered into pursuant to the provisions THE STATE OF VERMONT FOR THE any State if: DISCONTINUANCE OF CERTAIN of the Act; (a) The Governor of that State certifies NOW, THEREFORE, It is hereby COMMISSION REGULATORY that the State has a program for the agreed between the Commission and the AUTHORITY AND RESPONSIBILITY Governor of Vermont acting on behalf of control of radiation hazards adequate to WITHIN THE STATE PURSUANT TO the State as follows:

protect the public health and safety with SECTION 274 OF THE ATOMIC respect to the Agreement materials ENERGY ACT OF 1954, AS AMENDED ARTICLE I within the State, and that the State WHEREAS, The United States Subject to the exceptions provided in desires to assume regulatory Nuclear Regulatory Commission Articles II, IV, and V, the Commission responsibility for the Agreement (hereinafter referred to as the shall discontinue, as of the effective materials; and Commission) is authorized under date of this Agreement, the regulatory (b) The Commission finds that the Section 274 of the Atomic Energy Act of authority of the Commission in the State State program is in accordance with the 1954, as amended, 42 U.S.C. Section under Chapters 6, 7 and 8, and Section requirements of Subsection 274o. and in 2011 et seq. (hereinafter referred to as 161 of the Act with respect to the the Act), to enter into agreements following materials:

all other respects compatible with the with the Governor of the State of 1. Byproduct material as defined in Commissions program for regulation of Section 11e.(1) of the Act; such materials, and that the State Vermont (hereinafter referred to as the State) providing for discontinuance of 2. Byproduct material as defined in program is adequate to protect the Section 11e.(3) of the Act; the regulatory authority of the public health and safety with respect to 3. Byproduct materials as defined in Commission within the State under the materials covered by the proposed Section 11e.(4) of the Act; Chapters 6, 7, and 8, and Section 161 of Agreement. 4. Source materials; and the Act with respect to byproduct 5. Special nuclear materials, in The NRC staff has reviewed the materials as defined in Sections 11e.(1), quantities not sufficient to form a proposed Agreement, the certification of (3), and (4) of the Act, source materials, critical mass.

Vermont Governor Scott, and the and special nuclear materials in supporting information provided by the quantities not sufficient to form a ARTICLE II Radioactive Materials Program of the critical mass; and, This Agreement does not provide for Vermont Department of Health. Based WHEREAS, The Governor of the State the discontinuance of any authority, and upon this review, the NRC staff of Vermont is authorized under VT. the Commission shall retain authority concludes that the State of Vermont STAT. ANN. tit. 18, § 1653 to enter into and responsibility, with respect to:

Radioactive Materials Program satisfies this Agreement with the Commission; A. The regulation of byproduct the Section 274d. criteria as well as the and, material as defined in Section 11e.(2) of criteria in the Commissions Policy WHEREAS, The Governor of the State the Act; of Vermont certified on April 11, 2019, B. The regulation of the land disposal Statement Criteria for Guidance of that the State has a program for the of byproduct, source, or special nuclear States and NRC in Discontinuance of control of radiation hazards adequate to material received from other persons; NRC Regulatory Authority and protect the public health and safety with C. The evaluation of radiation safety Assumption Thereof by States Through respect to the materials within the State information on sealed sources or Agreement. The NRC staff also covered by this Agreement, and that the devices containing byproduct, source, or concludes that the proposed State of State desires to assume regulatory special nuclear material and the Vermont program to regulate Agreement responsibility for such materials; and, registration of the sealed sources or materials, as comprised of statutes, WHEREAS, The Commission found devices for distribution, as provided for regulations, procedures, and staffing, is on [date] that the program of the State in regulations or orders of the compatible with the Commissions of Vermont for the regulation of the Commission; program and is adequate to protect the materials covered by this Agreement is D. The regulation of the construction, public health and safety with respect to compatible with the Commissions operation, and decommissioning of any khammond on DSKBBV9HB2PROD with PROPOSALS the materials covered by the proposed program for the regulation of such production or utilization facility or any Agreement. Therefore, the proposed materials and is adequate to protect the uranium enrichment facility; Agreement meets the requirements of public health and safety; and, E. The regulation of the export from Section 274 of the AEA. WHEREAS, The State of Vermont and or import into the United States of the Commission recognize the byproduct, source, or special nuclear Dated at Rockville, Maryland, this 19th day desirability and importance of material, or of any production or of June, 2019.

cooperation between the Commission utilization facility; and the State in the formulation of F. The regulation of the disposal into standards for protection against hazards the ocean or sea of byproduct, source, or VerDate Sep<11>2014 20:41 Jun 24, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1

Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Proposed Rules 29815 special nuclear material waste as compatible with the program of the ARTICLE IX defined in regulations or orders of the Commission for the regulation of This Agreement shall become Commission; materials covered by this Agreement. effective on [date], and shall remain in G. The regulation of the disposal of The State and the Commission agree effect unless and until such time as it is such other byproduct, source, or special to keep each other informed of proposed terminated pursuant to Article VIII.

nuclear material as the Commission Done at [location] this [date] day of changes in their respective rules and determines by regulation or order [month], 2019.

regulations and to provide each other should, because of the hazards or For the Nuclear Regulatory the opportunity for early and potential hazards thereof, not be so Commission.

substantive contribution to the proposed disposed without a license from the lllllllllllllllllll changes.

Commission; and Kristine L. Svinicki, Chairman H. The regulation of activities not The State and the Commission agree Done at [location] this [date] day of exempt from Commission regulation as to keep each other informed of events,

[month], 2019.

stated in 10 CFR part 150. accidents, and licensee performance For the State of Vermont.

that may have generic implication or ARTICLE III otherwise be of regulatory interest. lllllllllllllllllll With the exception of those activities Philip B. Scott, Governor identified in Article II, paragraphs D. ARTICLE VII [FR Doc. 2019-13403 Filed 6-24-19; 8:45 am]

through H., this Agreement may be The Commission and the State agree BILLING CODE 7590-01-P amended, upon application by the State that it is desirable to provide reciprocal and approval by the Commission to recognition of licenses for the materials include one or more of the additional DEPARTMENT OF TRANSPORTATION listed in Article I licensed by the other activities specified in Article II, party or by any other Agreement State. Federal Aviation Administration paragraphs A. through C., whereby the Accordingly, the Commission and the State may then exert regulatory State agree to develop appropriate rules, 14 CFR Part 39 authority and responsibility with regulations, and procedures by which respect to those activities. [Docket No. FAA-2019-0440; Product reciprocity will be accorded.

ARTICLE IV Identifier 2019-NM-032-AD]

ARTICLE VIII RIN 2120-AA64 Notwithstanding this Agreement, the Commission may from time to time by The Commission, upon its own Airworthiness Directives; The Boeing rule, regulation, or order, require that initiative after reasonable notice and Company Airplanes the manufacturer, processor, or opportunity for hearing to the State or producer of any equipment, device, upon request of the Governor of AGENCY: Federal Aviation commodity, or other product containing Vermont, may terminate or suspend all Administration (FAA), DOT.

source, byproduct, or special nuclear or part of this Agreement and reassert ACTION: Notice of proposed rulemaking material shall not transfer possession or the licensing and regulatory authority (NPRM).

control of such product except pursuant vested in it under the Act, if the to a license or an exemption for Commission finds that (1) such

SUMMARY

The FAA proposes to adopt a licensing issued by the Commission. termination or suspension is required to new airworthiness directive (AD) for all protect the public health and safety, or The Boeing Company Model 737-300, ARTICLE V -400, and -500 series airplanes. This (2) the State has not complied with one This Agreement shall not affect the or more of the requirements of Section proposed AD was prompted by fuel authority of the Commission under 274 of the Act. system reviews conducted by the Subsection 161b. or 161i. of the Act to manufacturer. This proposed AD would issue rules, regulations, or orders to Pursuant to Section 274j. of the Act, require applying sealant to the fasteners promote the common defense and the Commission may, after notifying the in the fuel tanks, replacing wire bundle security, to protect restricted data, or to Governor, temporarily suspend all or clamps external to the fuel tanks and guard against the loss or diversion of part of this Agreement without notice or installing Teflon sleeving under the special nuclear material. hearing if, in the judgment of the clamps. The FAA is proposing this AD Commission, an emergency situation to address the unsafe condition on these ARTICLE VI exists with respect to any material products.

The Commission will cooperate with covered by this agreement creating DATES: The FAA must receive comments the State and other Agreement States in danger which requires immediate action on this proposed AD by August 9, 2019.

the formulation of standards and to protect the health or safety of persons ADDRESSES: You may send comments, regulatory programs of the State and the either within or outside of the State and using the procedures found in 14 CFR Commission for protection against the State has failed to take steps 11.43 and 11.45, by any of the following hazards of radiation and to assure that necessary to contain or eliminate the methods:

Commission and State programs for cause of danger within a reasonable

• Federal eRulemaking Portal: Go to protection against the hazards of time after the situation arose. The http://www.regulations.gov. Follow the khammond on DSKBBV9HB2PROD with PROPOSALS radiation will be coordinated and Commission shall periodically review instructions for submitting comments.

compatible. The State agrees to actions taken by the State under this

• Fax: 202-493-2251.

cooperate with the Commission and Agreement to ensure compliance with

• Mail: U.S. Department of other Agreement States in the Section 274 of the Act, which requires Transportation, Docket Operations, M-formulation of standards and regulatory a State program to be adequate to 30, West Building Ground Floor, Room programs of the State and the protect the public health and safety with W12-140, 1200 New Jersey Avenue SE, Commission for protection against the respect to the materials covered by this Washington, DC 20590.

hazards of radiation and to assure that Agreement and to be compatible with

• Hand Delivery: Deliver to Mail the States program will continue to be the Commissions program. address above between 9 a.m. and 5 VerDate Sep<11>2014 20:41 Jun 24, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\25JNP1.SGM 25JNP1