97-33218. State of New Mexico Relinquishment of Sealed Source and Device Evaluation and Approval Authority and Reassumption by the Commission

[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Page 66702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33218]


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NUCLEAR REGULATORY COMMISSION


State of New Mexico Relinquishment of Sealed Source and Device 
Evaluation and Approval Authority and Reassumption by the Commission

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of reassumption of sealed source and device evaluation 
and approval authority from the State of New Mexico.

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SUMMARY: Notice is hereby given that effective January 1, 1998, the 
Nuclear Regulatory Commission will reassume regulatory authority for 
sealed source and device evaluations and approvals in the Agreement 
State of New Mexico in response to a request from the Governor of the 
State of New Mexico to relinquish this authority.

EFFECTIVE DATE: January 1, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Cardelia H. Maupin, Senior Project 
Manager, Office of State Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone [phone], Internet: [email protected]

SUPPLEMENTARY INFORMATION: Currently, the State of New Mexico has an 
Agreement with the Nuclear Regulatory Commission (NRC) which grants the 
State authority to regulate specific categories of radioactive 
materials formerly regulated by the NRC. This Agreement was entered 
into on May 1, 1974, pursuant to Section 274b of the Atomic Energy Act 
of 1954, as amended.
    Recently, the NRC received a letter from New Mexico Governor Gary 
E. Johnson (September 8, 1997) requesting relinquishment of the State's 
authority to evaluate and approve sealed source and devices, and 
assumption of this authority by NRC. The requested action would involve 
reassertion of regulatory authority by NRC over activities currently 
regulated by New Mexico pursuant to its Agreement with NRC.
    The Governor of New Mexico noted there are two manufacturers in the 
State and there has been no sealed source and device evaluations 
conducted since 1988. Governor Johnson indicated that it would not be 
cost effective to fund and maintain staff to conduct sealed source and 
device evaluations.
    The Commission has agreed to the request and has notified New 
Mexico that effective January 1, 1998, the NRC will reassume authority 
to evaluate and approve sealed source and device applications within 
the State of New Mexico. The State of New Mexico will retain authority 
to regulate the manufacture and use of sealed sources and devices 
within the State in accordance with its Section 274b Agreement with the 
NRC.

    Dated at Rockville, Maryland this 12th day of December, 1997.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-33218 Filed 12-18-97; 8:45 am]
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