[Federal Register Volume 61, Number 118 (Tuesday, June 18, 1996)]
[Proposed Rules]
[Pages 30839-30842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15402]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 150 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: Proposed rule.
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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.
DATES: The comment period expires September 3, 1996. Comments received
after this date will be considered if it is practical to do so, but the
Commission 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 comments 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 Supplementary 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 [email protected] or Mark Haisfield, Office
of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6196, e-mail
[email protected]
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 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 Sec. 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 Sec. 150.20). If an
Agreement State licensee does not qualify for a general license under
Sec. 150.20, the licensee must apply for and obtain a specific license
to work in areas of NRC jurisdiction.
Need for Proposed Regulatory Action
The NRC believes that there are several problems with the current
regulations in Sec. 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 Sec. 150.20. Third, Sec. 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.
[[Page 30840]]
Proposed Regulatory Action
Exclusive Federal Jurisdiction
The current wording of Sec. 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
Sec. 150.20.
There is, however, no specific provision in Sec. 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.
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 Sec. 150.20. To alleviate these concerns,
this rulemaking would amend Sec. 150.20 to provide a specific reference
to areas of exclusive Federal jurisdiction.
Regulatory Requirements Applicable to Sec. 150.20 Licensees
The specific references to other NRC regulatory requirements in
Sec. 150.20 also constitute a source of confusion. According to
Sec. 150.20(b), persons operating under the general license must comply
with a variety of specific NRC regulatory requirements. However,
Sec. 150.20 does not specifically reference all NRC regulations that
are applicable to materials licensees. To alleviate any potential
confusion, the new Sec. 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),
Sec. 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 Sec. 150.20
was not made in response to this change. Since 1965, specific
requirements have been added to Sec. 150.20 that may have created the
impression that certain NRC requirements otherwise applicable to
materials licensees are not applicable to general licensees under
Sec. 150.20. This is not the case. It is NRC's position that Agreement
State licensees operating in areas of NRC jurisdiction pursuant to
Sec. 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
Sec. 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 Sec. 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 Sec. 150.20 regardless of the location of the
activities.
Filing Procedures
The proposed amendment would also clarify the procedures for filing
an NRC Form 241 for reciprocity described in Sec. 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,
emphasizing 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 Sec. 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 Commission 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
Comments 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 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 rulemaking 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
[[Page 30841]]
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
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 15-minute time limit for FTP
access.
Although FedWorld also can be accessed 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)(1). 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.
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 OMB control number.
Regulatory Analysis
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 Sec. 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.
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 allows 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 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)(1).
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, 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 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. 11e(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
[[Page 30842]]
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)(1), 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:
Sec. 150.20 Recognition of Agreement State licenses.
(a)(1) 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)(1) 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 Secs. 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; Secs. 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; Secs. 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, Secs. 39.15
and 39.31 through 39.77, 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, ``Report of Proposed
Activities in Non-Agreement States,'' 4 copies of its Agreement State
specific license, and the appropriate fee as prescribed in Sec. 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 Sec. 170.31 of this chapter
with the Regional Administrator.
(3) Licensees engaging in radiography activities must comply with
Sec. 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 Sec. 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)(1) of this section, provided, that:
* * * * *
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:
Sec. 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, MD, this 7th day of June, 1996.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-15402 Filed 6-17-96; 8:45 am]
BILLING CODE 7590-01-P
