ML19176A006
| ML19176A006 | |
| Person / Time | |
|---|---|
| Issue date: | 06/25/2019 |
| From: | Duane White Office of Nuclear Material Safety and Safeguards |
| To: | |
| Shared Package | |
| ML19136A090 | List: |
| References | |
| 84FR29811, NRC-2019-0114 | |
| Download: ML19176A006 (5) | |
Text
This section of the FEDERAL REGISTER contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.Proposed Rules Federal Register 29811 Vol. 84, No. 122 Tuesday, June 25, 2019 NUCLEAR REGULATORY COMMISSION 10 CFR Part 150
[NRC-2019-0114]
State of Vermont: NRC Staff Assessment of a Proposed Agreement
Between the Nuclear Regulatory
Commission and the State of Vermont AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed state agreement; request for comment.
SUMMARY
- By letter dated April 11, 2019, Governor Philip Scott of the State of
Vermont requested that the U.S. Nuclear
Regulatory Commission (NRC or
Commission) enter into an Agreement
with the State of Vermont as authorized
by Section 274b. of the Atomic Energy
Act of 1954, as amended (AEA).
Under the proposed Agreement, the Commission would discontinue, and the
State of Vermont would assume, regulatory authority over certain types
of byproduct materials as defined in the
AEA, source material, and special
nuclear material in quantities not
sufficient to form a critical mass.
As required by Section 274e. of the AEA, the NRC is publishing the
proposed Agreement for public
comment. The NRC is also publishing
the summary of a draft assessment by
the NRC staff of the State of Vermont's
regulatory program. Comments are
requested on the proposed Agreement
and its effect on public health and
safety. Comments are also requested on
the draft staff assessment, the adequacy
of the State of Vermont's program, and
the State's program staff, as discussed in
this document.
DATES: Submit comments by July 25, 2019. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received before this date.
ADDRESSES: You may submit comments by the following method:
- Federal Rulemaking Website:
Go to https://www.regulations.gov and search for Docket ID NRC-2019-0114. Address questions about NRC dockets in
Regulations.gov to Jennifer Borges; telephone: 301-287-9127; email:
Jennifer.Borges@nrc.gov.
For technical questions, contact the individuals listed
in the FORFURTHERINFORMATION CONTACT section of this document.
For additional direction on obtaining information and submitting comments, see Obtaining Information and
Submitting Comments in the SUPPLEMENTARYINFORMATION section of this document. FORFURTHERINFORMATIONCONTACT
- Duncan White, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-2598, email:
Duncan.White@nrc.gov of the U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARYINFORMATION
- I. Obtaining Information and
Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2019-0114 when contacting the NRC about the availability of information for this
action. You may obtain publicly-
available information related to this
action by any of the following methods:
- Federal Rulemaking Website:
Go to https://www.regulations.gov and search for Docket ID NRC-2019-0114.
- NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html.
To begin the search, select
ADAMS Public Documents
and then
select Begin Web-based ADAMS
Search. For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at
1-800-397-4209, at 301-415-4737, or
by email to pdr.resource@nrc.gov.
The final application for an AEA Section 274
Agreement from the State of Vermont, the draft assessment of the proposed
Vermont program, and additional
related correspondence between the
NRC and the State for the regulation of
agreement materials are available in
ADAMS under Accession Nos.
ML19107A432, ML19114A092, ML19115A214, ML19102A130 and
- NRC's PDR:
You may examine and purchase copies of public documents at
the NRC's PDR, Room O1-F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments Please include Docket ID NRC-2019-0114 in your comment submission. The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Additional Information on Agreements Entered Under Section 274
of the AEA Under the proposed Agreement, the NRC would discontinue its authority
over 36 licenses and would transfer its
regulatory authority over those licenses
to the State of Vermont. The NRC
periodically reviews the performance of
the Agreement States to assure
compliance with the provisions of
Section 274.
Section 274e. of the AEA requires that the terms of the proposed Agreement be
published in the Federal Register for public comment once each week for
four consecutive weeks. This document
is being published in fulfillment of that
requirement.
III. Proposed Agreement With the State of Vermont Background (a) Section 274b. of the AEA provides the mechanism for a State to assume regulatory authority from the NRC over
certain radioactive materials and
activities that involve use of these VerDate Sep<11>2014 20:41 Jun 24, 2019Jkt 247001PO 00000Frm 00001Fmt 4702Sfmt 4702E:\FR\FM\25JNP1.SGM25JNP1 khammond on DSKBBV9HB2PROD with PROPOSALS 29812 Federal Register/Vol. 84, No. 122/Tuesday, June 25, 2019/Proposed Rules materials. The radioactive materials, sometimes referred to as Agreement
materials, are byproduct materials as
defined in Sections 11e.(1), 11e.(2),
11e.(3), and 11e.(4) of the AEA; source
material as defined in Section 11z. of
the AEA; and special nuclear material as
defined in Section 11aa. of the AEA, restricted to quantities not sufficient to
form a critical mass.
The radioactive materials and activities (which together are usually
referred to as the categories of
materials) that the State of Vermont
requests authority over are:
- 1. The possession and use of byproduct material as defined in
Section 11e.(1) of the Act;
- 2. The possession and use of byproduct material as defined in
Section 11e.(3) of the Act;
- 3. The possession and use of byproduct material as defined in
Section 11e.(4) of the Act;
- 4. The possession and use of source material; and
- 5. The possession and use of special nuclear material, in quantities not
sufficient to form a critical mass. (b) The proposed Agreement contains articles that: (i) Specify the materials and activities over which authority is transferred; (ii) Specify the materials and activities over which the Commission
will retain regulatory authority; (iii) Continue the authority of the Commission to safeguard special
nuclear material, protect restricted data, and protect common defense and
security; (iv) Commit the State of Vermont and the NRC to exchange information as
necessary to maintain coordinated and
compatible programs; (v) Provide for the reciprocal recognition of licenses; (vi) Provide for the suspension or termination of the Agreement; and (vii) Specify the effective date of the proposed Agreement.
The Commission reserves the option to modify the terms of the proposed
Agreement in response to comments, to
correct errors, and to make editorial
changes. The final text of the proposed
Agreement, with the effective date, will
be published after the Agreement is
approved by the Commission and
signed by the NRC Chairman and the
Governor of Vermont. (c) The regulatory program is authorized by law under the Vermont
Statutes Annotated (VT. STAT. ANN.)
title 18, sections 1651 through 1657, which provides the Governor with the
authority to enter into an Agreement
with the Commission. The State of
Vermont law contains provisions for the orderly transfer of regulatory authority over affected licenses from the NRC to
the State. In a letter dated April 11, 2019, Governor Scott certified that the
State of Vermont has a program for the
control of radiation hazards that is
adequate to protect public health and
safety within the State of Vermont for
the materials and activities specified in
the proposed Agreement, and that the
State desires to assume regulatory
responsibility for these materials and
activities (ADAMS Accession No.
ML19116A227). After the effective date
of the Agreement, licenses issued by the
NRC would continue in effect as State
of Vermont licenses until the licenses
expire or are replaced by State-issued
licenses. (d) The draft staff assessment finds that the Vermont Department of Health's
Radioactive Materials Program is
adequate to protect public health and
safety and is compatible with the NRC's
regulatory program for the regulation of
Agreement materials. However, the NRC
staff identified several sections of the
Vermont Radioactive Materials
regulations that were either not
compatible or needed additional
editorial changes. By letter dated May
10, 2019, the NRC staff described these
compatibility and editorial issues, and
requested that the Vermont Department
of Health reply within 60 days with a
commitment to make the described
regulatory changes as soon as
practicable (ADAMS Accession No.
ML19102A160). The resolution of these
comments does not interfere with the
NRC staff's processing of Vermont's
Agreement State Application. On June
6, 2019, the NRC received a letter from
the Vermont Department of Health
committing to making these
compatibility and editorial changes (ADAMS Accession No. ML19161A133).
Therefore, the State of Vermont has
committed to adopting an adequate and
compatible set of radiation protection
regulations that apply to byproduct, source, and special nuclear materials in
quantities not sufficient to form a
critical mass.
Summary of the Draft NRC Staff Assessment of the State of Vermont's
Program for the Regulation of
Agreement Materials The NRC staff has examined the State of Vermont's request for an Agreement
with respect to the ability of the State's
radiation control program to regulate
Agreement materials. The examination
was based on the Commission's Policy
Statement, Criteria for Guidance of
States and NRC in Discontinuance of
NRC Regulatory Authority and
Assumption Thereof by States Through Agreement, (46 FR 7540, January 23, 1981, as amended by Policy Statements
published at 46 FR 36969, July 16, 1981, and at 48 FR 33376, July 21, 1983)
(Policy Statement), and the Office of
Nuclear Material Safety and Safeguards
Procedure SA-700, Processing an
Agreement (available at https://
scp.nrc.gov/procedures/sa700.pdf and https://scp.nrc.gov/procedures/sa700
_hb.pdf). The Policy Statement has 28
criteria that serve as the basis for the
NRC staff's assessment of the State of
Vermont's request for an Agreement.
The following section will reference the
appropriate criteria numbers from the
Policy Statement that apply to each
section. (a) Organization and Personnel.
The NRC staff reviewed these areas under
Criteria 1, 2, 20, and 24 in the draft staff
assessment. The State of Vermont's
proposed Agreement materials program
for the regulation of radioactive
materials is called the Radioactive
Materials Program, and will be located
within the existing Office of
Radiological Health of the Vermont
Department of Health.
The educational requirements for the Radioactive Materials Program staff are
specified in the State of Vermont's
personnel position descriptions and
meet the NRC criteria with respect to
formal education or combined
education and experience requirements.
All current staff members hold a
Master's Degree in either environmental
science or radiologic and imaging
sciences. All have training and work
experience in radiation protection.
Supervisory level staff have at least 20
years of working experience in radiation
protection.
The State of Vermont performed an analysis of the expected workload under
the proposed Agreement. Based on the
NRC staff review of the State of
Vermont's analysis, the State has an
adequate number of staff to regulate
radioactive materials under the terms of
the proposed Agreement. The State of Vermont will employ the equivalent of
1.25 full-time equivalent professional
and technical staff to support the
Radioactive Materials Program.
The State of Vermont has indicated that the Radioactive Materials Program
has an adequate number of trained and
qualified staff in place. The State of
Vermont has developed qualification
procedures for license reviewers and
inspectors that are similar to the NRC's
procedures. The Radioactive Materials
Program staff has accompanied the NRC
staff on inspections of NRC licensees in
Vermont and participated in licensing
training at NRC's Region I with Division
of Nuclear Materials Safety staff. The VerDate Sep<11>2014 20:41 Jun 24, 2019Jkt 247001PO 00000Frm 00002Fmt 4702Sfmt 4702E:\FR\FM\25JNP1.SGM25JNP1 khammond on DSKBBV9HB2PROD with PROPOSALS 29813 Federal Register/Vol. 84, No. 122/Tuesday, June 25, 2019/Proposed Rules Radioactive Materials Program staff is also actively supplementing its
experience through direct meetings, discussions, and facility visits with the
NRC licensees in the State of Vermont
and through self-study, in-house
training, and formal training.
Overall, the NRC staff concluded that the Radioactive Materials Program staff
identified by the State of Vermont to
participate in the Agreement materials
program has sufficient knowledge and
experience in radiation protection, the
use of radioactive materials, the
standards for the evaluation of
applications for licensing, and the
techniques of inspecting licensed users
of Agreement materials. (b) Legislation and Regulations.
The NRC staff reviewed these areas under
Criteria 1-15, 17, 19, and 21-28 in the
draft staff assessment. The Vermont
Statutes Annotated, VT. STAT. ANN.
tit. 18, sections 1651 through 1657
provide the authority to enter into the
Agreement and establish the Vermont
Department of Health as the lead agency
for the State's Radioactive Materials
Program. The Department has the
requisite authority to promulgate
regulations under the Vermont Statutes
Annotated, VT. STAT. ANN. tit. 18, section 1653(b)(1) for protection against
radiation. The Vermont Statutes
Annotated, VT. STAT. ANN. tit. 18, sections 1651 through 1657 also provide
the Radioactive Materials Program the
authority to issue licenses and orders;
conduct inspections; and enforce
compliance with regulations, license
conditions, and orders. The Vermont
Statutes Annotated, VT. STAT. ANN.
tit. 18, section 1654 requires licensees to
provide access to inspectors.
The NRC staff verified that the State of Vermont adopted by reference the
relevant NRC regulations in parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, and 150 of title 10 of the Code of Federal Regulations (10 CFR) into the
Vermont Radioactive Materials Rule, Chapter 6, Subchapter 5. During its
review, the NRC staff identified several
sections of the final Vermont
Radioactive Materials regulations that
are not compatible or need editorial
changes. By letter dated May 10, 2019, the NRC staff described these
compatibility and editorial issues, and
requested that the Vermont Department of Health reply within 60 days with a
commitment to make the described
regulatory changes as soon as
practicable. The resolution of these
comments does not interfere with the
NRC staff's processing of Vermont's
Agreement State Application. On June
6, 2019, the NRC staff received a letter
from the Vermont Department of Health committing to making these compatibility and editorial changes.
Therefore, the State of Vermont has
committed to adopting an adequate and
compatible set of radiation protection
regulations that apply to byproduct
materials, source material and special
nuclear material in quantities not
sufficient to form a critical mass. The
NRC staff also verified that the State of
Vermont will not attempt to enforce
regulatory matters reserved to the
Commission. (c) Storage and Disposal.
The NRC staff reviewed these areas under Criteria
8, 9a, and 11 in the draft staff
assessment. The State of Vermont has
adopted NRC compatible requirements
for the handling and storage of
radioactive material, including
regulations equivalent to the applicable
standards contained in 10 CFR part 20, which address the general requirements
for waste disposal, and part 61, which
addresses waste classification and form.
These regulations are applicable to all
licensees covered under this proposed
Agreement. (d) Transportation of Radioactive Material.
The NRC staff reviewed this area under Criteria 10 in the draft staff
assessment. The State of Vermont has
adopted compatible regulations to the
NRC regulations in 10 CFR part 71. Part
71 contains the requirements licensees
must follow when preparing packages
containing radioactive material for
transport. Part 71 also contains
requirements related to the licensing of
packaging for use in transporting
radioactive materials. (e) Recordkeeping and Incident Reporting.
The NRC staff reviewed this area under Criteria 1 and 11 in the draft staff assessment. The State of Vermont
has adopted compatible regulations to
the sections of the NRC regulations that
specify requirements for licensees to
keep records and to report incidents or
accidents involving the State's regulated
Agreement materials. (f) Evaluation of License Applications.
The NRC staff reviewed this area under
Criteria 1, 7, 8, 9a, 13, 14, 15, 20, 23, and 25 in the draft staff assessment. The
State of Vermont has adopted
compatible regulations to the NRC
regulations that specify the
requirements to obtain a license to
possess or use radioactive materials.
The State of Vermont has also
developed licensing procedures and
adopted NRC licensing guides for
specific uses of radioactive material for
use by the program staff when
evaluating license applications. (g) Inspections and Enforcement.
The NRC staff reviewed these areas under
Criteria 1, 16, 18, 19, and 23 in the draft staff assessment. The State of Vermont has adopted a schedule providing for
the inspection of licensees as frequently
as, or more frequently than, the
inspection schedule used by the NRC.
The State of Vermont's Radioactive
Materials Program has adopted
procedures for the conduct of
inspections, reporting of inspection
findings, and reporting inspection
results to the licensees. Additionally, the State of Vermont has also adopted
procedures for the enforcement of
regulatory requirements. (h) Regulatory Administration.
The NRC staff reviewed this area under
Criterion 23 in the draft staff
assessment. The State of Vermont is
bound by requirements specified in its
State law for rulemaking, issuing
licenses, and taking enforcement
actions. The State of Vermont has also
adopted administrative procedures to
assure fair and impartial treatment of
license applicants. The State of Vermont
law prescribes standards of ethical
conduct for State employees. (i) Cooperation with Other Agencies.
The NRC staff reviewed this area under
Criteria 25, 26, and 27 in the draft staff
assessment. The State of Vermont law
provides for the recognition of existing
NRC and Agreement State licenses and
the State has a process in place for the
transition of active NRC licenses. Upon
the effective date of the Agreement, all
active NRC radioactive materials
licenses issued to facilities in the State
of Vermont will be recognized as
Vermont Department of Health licenses.
The State of Vermont also provides for timely renewal. This provision
affords the continuance of licenses for
which an application for renewal has
been filed more than 30 days prior to
the date of expiration of the license.
NRC licenses transferred while in timely
renewal are included under the
continuation provision.
The State of Vermont regulations, in Vermont Radioactive Materials Rule
Chapter 6, Subchapter 5, provide
exemptions from the State's requirements for the NRC and the U.S.
Department of Energy contractors or
subcontractors; the exemptions must be
authorized by law and determined not
to endanger life or property and to
otherwise be in the public interest. The
proposed Agreement commits the State
of Vermont to use its best efforts to
cooperate with the NRC and the other
Agreement States in the formulation of
standards and regulatory programs for
the protection against hazards of
radiation, and to assure that the State's
program will continue to be compatible
with the Commission's program for the
regulation of Agreement materials. The VerDate Sep<11>2014 20:41 Jun 24, 2019Jkt 247001PO 00000Frm 00003Fmt 4702Sfmt 4702E:\FR\FM\25JNP1.SGM25JNP1 khammond on DSKBBV9HB2PROD with PROPOSALS 29814 Federal Register/Vol. 84, No. 122/Tuesday, June 25, 2019/Proposed Rules proposed Agreement specifies the desirability of reciprocal recognition of
licenses, and commits the Commission
and the State of Vermont to use their
best efforts to accord such reciprocity.
The State of Vermont would be able to
recognize the licenses of other
jurisdictions by general license.
Staff Conclusion Section 274d. of the AEA provides that the Commission shall enter into an Agreement under Section 274b. with
any State if: (a) The Governor of that State certifies that the State has a program for the control of radiation hazards adequate to
protect the public health and safety with
respect to the Agreement materials
within the State, and that the State
desires to assume regulatory
responsibility for the Agreement
materials; and (b) The Commission finds that the State program is in accordance with the
requirements of Subsection 274o. and in
all other respects compatible with the
Commission's program for regulation of
such materials, and that the State
program is adequate to protect the
public health and safety with respect to
the materials covered by the proposed
Agreement.
The NRC staff has reviewed the proposed Agreement, the certification of
Vermont Governor Scott, and the
supporting information provided by the
Radioactive Materials Program of the
Vermont Department of Health. Based
upon this review, the NRC staff
concludes that the State of Vermont
Radioactive Materials Program satisfies
the Section 274d. criteria as well as the
criteria in the Commission's Policy
Statement Criteria for Guidance of
States and NRC in Discontinuance of
NRC Regulatory Authority and
Assumption Thereof by States Through
Agreement. The NRC staff also
concludes that the proposed State of
Vermont program to regulate Agreement
materials, as comprised of statutes, regulations, procedures, and staffing, is
compatible with the Commission's
program and is adequate to protect the
public health and safety with respect to
the materials covered by the proposed
Agreement. Therefore, the proposed
Agreement meets the requirements of
Section 274 of the AEA.
Dated at Rockville, Maryland, this 19th day of June, 2019.
For the Nuclear Regulatory Commission.
Andrea L. Kock, Director, Division of Materials Safety, Security, State, and Tribal Programs, Office
of Nuclear Material Safety and Safeguards.
Note: The following appendix will not appear in the Code of Federal Regulations.
APPENDIX A AN AGREEMENT BETWEEN THE UNITED STATES NUCLEAR
REGULATORY COMMISSION AND
THE STATE OF VERMONT FOR THE
DISCONTINUANCE OF CERTAIN
COMMISSION REGULATORY
AUTHORITY AND RESPONSIBILITY
WITHIN THE STATE PURSUANT TO
SECTION 274 OF THE ATOMIC
ENERGY ACT OF 1954, AS AMENDED WHEREAS, The United States Nuclear Regulatory Commission (hereinafter referred to as the
Commission) is authorized under
Section 274 of the Atomic Energy Act of
1954, as amended, 42 U.S.C. Section
2011 et seq. (hereinafter referred to as
the Act), to enter into agreements
with the Governor of the State of
Vermont (hereinafter referred to as the
State) providing for discontinuance of
the regulatory authority of the
Commission within the State under
Chapters 6, 7, and 8, and Section 161 of
the Act with respect to byproduct
materials as defined in Sections 11e.(1),
(3), and (4) of the Act, source materials, and special nuclear materials in
quantities not sufficient to form a
critical mass; and, WHEREAS, The Governor of the State of Vermont is authorized under VT.
STAT. ANN. tit. 18, § 1653 to enter into
this Agreement with the Commission;
and, WHEREAS, The Governor of the State of Vermont certified on April 11, 2019, that the State has a program for the
control of radiation hazards adequate to
protect the public health and safety with
respect to the materials within the State
covered by this Agreement, and that the
State desires to assume regulatory
responsibility for such materials; and, WHEREAS, The Commission found on [date] that the program of the State of Vermont for the regulation of the
materials covered by this Agreement is
compatible with the Commission's
program for the regulation of such
materials and is adequate to protect the
public health and safety; and, WHEREAS, The State of Vermont and the Commission recognize the
desirability and importance of
cooperation between the Commission
and the State in the formulation of
standards for protection against hazards of radiation and in assuring that State and Commission programs for
protection against hazards of radiation
will be coordinated and compatible;
and, WHEREAS, The Commission and the State of Vermont recognize the
desirability of the reciprocal recognition
of licenses, and of the granting of
limited exemptions from licensing of
those materials subject to this
Agreement; and, WHEREAS, This Agreement is entered into pursuant to the provisions
of the Act; NOW, THEREFORE, It is hereby agreed between the Commission and the
Governor of Vermont acting on behalf of
the State as follows:
ARTICLE I Subject to the exceptions provided in Articles II, IV, and V, the Commission shall discontinue, as of the effective
date of this Agreement, the regulatory
authority of the Commission in the State
under Chapters 6, 7 and 8, and Section
161 of the Act with respect to the
following materials:
- 1. Byproduct material as defined in Section 11e.(1) of the Act;
- 2. Byproduct material as defined in Section 11e.(3) of the Act;
- 3. Byproduct materials as defined in Section 11e.(4) of the Act;
- 4. Source materials; and
- 5. Special nuclear materials, in quantities not sufficient to form a critical mass.
ARTICLE II This Agreement does not provide for the discontinuance of any authority, and the Commission shall retain authority
and responsibility, with respect to:
A. The regulation of byproduct material as defined in Section 11e.(2) of
the Act; B. The regulation of the land disposal of byproduct, source, or special nuclear
material received from other persons; C. The evaluation of radiation safety information on sealed sources or
devices containing byproduct, source, or
special nuclear material and the
registration of the sealed sources or
devices for distribution, as provided for
in regulations or orders of the
Commission; D. The regulation of the construction, operation, and decommissioning of any
production or utilization facility or any
uranium enrichment facility; E. The regulation of the export from or import into the United States of
byproduct, source, or special nuclear
material, or of any production or
utilization facility; F. The regulation of the disposal into the ocean or sea of byproduct, source, or VerDate Sep<11>2014 20:41 Jun 24, 2019Jkt 247001PO 00000Frm 00004Fmt 4702Sfmt 4702E:\FR\FM\25JNP1.SGM25JNP1 khammond on DSKBBV9HB2PROD with PROPOSALS 29815 Federal Register/Vol. 84, No. 122/Tuesday, June 25, 2019/Proposed Rules special nuclear material waste as defined in regulations or orders of the
Commission; G. The regulation of the disposal of such other byproduct, source, or special
nuclear material as the Commission
determines by regulation or order
should, because of the hazards or
potential hazards thereof, not be so
disposed without a license from the
Commission; and H. The regulation of activities not exempt from Commission regulation as
stated in 10 CFR part 150.
ARTICLE III With the exception of those activities identified in Article II, paragraphs D.
through H., this Agreement may be
amended, upon application by the State
and approval by the Commission to
include one or more of the additional
activities specified in Article II, paragraphs A. through C., whereby the
State may then exert regulatory
authority and responsibility with
respect to those activities.
ARTICLE IV Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or order, require that
the manufacturer, processor, or
producer of any equipment, device, commodity, or other product containing
source, byproduct, or special nuclear
material shall not transfer possession or
control of such product except pursuant
to a license or an exemption for
licensing issued by the Commission.
ARTICLE V This Agreement shall not affect the authority of the Commission under Subsection 161b. or 161i. of the Act to
issue rules, regulations, or orders to
promote the common defense and
security, to protect restricted data, or to
guard against the loss or diversion of
ARTICLE VI The Commission will cooperate with the State and other Agreement States in the formulation of standards and
regulatory programs of the State and the
Commission for protection against
hazards of radiation and to assure that
Commission and State programs for
protection against the hazards of
radiation will be coordinated and
compatible. The State agrees to
cooperate with the Commission and
other Agreement States in the
formulation of standards and regulatory
programs of the State and the
Commission for protection against the
hazards of radiation and to assure that
the State's program will continue to be compatible with the program of the Commission for the regulation of
materials covered by this Agreement.
The State and the Commission agree to keep each other informed of proposed
changes in their respective rules and
regulations and to provide each other
the opportunity for early and
substantive contribution to the proposed
changes. The State and the Commission agree to keep each other informed of events, accidents, and licensee performance
that may have generic implication or
otherwise be of regulatory interest.
ARTICLE VII The Commission and the State agree that it is desirable to provide reciprocal recognition of licenses for the materials
listed in Article I licensed by the other
party or by any other Agreement State.
Accordingly, the Commission and the
State agree to develop appropriate rules, regulations, and procedures by which
reciprocity will be accorded.
ARTICLE VIII The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State or
upon request of the Governor of
Vermont, may terminate or suspend all
or part of this Agreement and reassert
the licensing and regulatory authority
vested in it under the Act, if the
Commission finds that (1) such
termination or suspension is required to
protect the public health and safety, or
(2) the State has not complied with one
or more of the requirements of Section
274 of the Act.
Pursuant to Section 274j. of the Act, the Commission may, after notifying the
Governor, temporarily suspend all or
part of this Agreement without notice or
hearing if, in the judgment of the
Commission, an emergency situation
exists with respect to any material
covered by this agreement creating
danger which requires immediate action
to protect the health or safety of persons
either within or outside of the State and
the State has failed to take steps
necessary to contain or eliminate the
cause of danger within a reasonable
time after the situation arose. The
Commission shall periodically review
actions taken by the State under this
Agreement to ensure compliance with
Section 274 of the Act, which requires
a State program to be adequate to
protect the public health and safety with
respect to the materials covered by this
Agreement and to be compatible with
the Commission's program.
ARTICLE IX This Agreement shall become effective on
[date], and shall remain in effect unless and until such time as it is
terminated pursuant to Article VIII.
Done at [location]
this [date] day of [month], 2019. For the Nuclear Regulatory Commission. lllllllllllllllllll Kristine L. Svinicki, Chairman Done at [location]
this [date] day of [month], 2019. For the State of Vermont. lllllllllllllllllll Philip B. Scott, Governor
[FR Doc. 2019-13403 Filed 6-24-19; 8:45 am]
BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2019-0440; Product Identifier 2019-NM-032-AD]
RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY
The Boeing Company Model 737-300,
-400, and -500 series airplanes. This
proposed AD was prompted by fuel
system reviews conducted by the
manufacturer. This proposed AD would
require applying sealant to the fasteners
in the fuel tanks, replacing wire bundle
clamps external to the fuel tanks and
installing Teflon sleeving under the
clamps. The FAA is proposing this AD
to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by August 9, 2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods: *Federal eRulemaking Portal:
Go to http://www.regulations.gov.
Follow the instructions for submitting comments.
- Fax: 202-493-2251.
- Mail: U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
- Hand Delivery:
Deliver to Mail address above between 9 a.m. and 5 VerDate Sep<11>2014 20:41 Jun 24, 2019Jkt 247001PO 00000Frm 00005Fmt 4702Sfmt 4702E:\FR\FM\25JNP1.SGM25JNP1 khammond on DSKBBV9HB2PROD with PROPOSALS