Commonwealth of Pennsylvania: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the Nuclear Regulatory Commission and the Commonwealth of Pennsylvania; Notice of Waiver Termination, 19261-19263 [E8-7444]

Download as PDF Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices 1775 I St. NW., Suite 730, Washington, DC 20006, e-mail: slangley@nifl.gov. Records are kept of all Committee proceedings and are available for public inspection at the National Institute for Literacy, 1775 I St. NW., Suite 730, Washington, DC 20006, from the hours of 9 a.m. to 5 p.m., Eastern Time Monday through Friday. Electronic Access to This Document: You may view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/ federegister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free at 1–888– 293–6498; or in the Washington, DC, area at (202) 512–1530. Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/ index.html. Dated: April 3, 2008. Sandra Baxter, Director, The National Institute for Literacy. [FR Doc. E8–7402 Filed 4–8–08; 8:45 am] BILLING CODE 6055–01–P NUCLEAR REGULATORY COMMISSION Commonwealth of Pennsylvania: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the Nuclear Regulatory Commission and the Commonwealth of Pennsylvania; Notice of Waiver Termination Nuclear Regulatory Commission. ACTION: Notice of Agreement between the U.S. Nuclear Regulatory Commission and the Commonwealth of Pennsylvania. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: This notice is announcing that on March 10, 2008, Dr. Dale E. Klein, Chairman of the U.S. Nuclear Regulatory Commission (NRC), and on March 26, 2008, Governor Edward G. Rendell of the Commonwealth of Pennsylvania signed an Agreement as authorized by Section 274b. of the Atomic Energy Act of 1954, as amended (the Act). The Agreement provides for the Commission to discontinue its regulatory authority and for VerDate Aug<31>2005 18:06 Apr 08, 2008 Jkt 214001 Pennsylvania to assume regulatory authority over the possession and use of byproduct material as defined in Sections 11e.(1), 11e.(3), and 11e.(4) of the Act, source material, special nuclear materials (in quantities not sufficient to form a critical mass), and land disposal of all waste for such materials. Under the Agreement, a person in Pennsylvania possessing these materials is exempt from certain Commission regulations. The exemptions have been previously published in the Federal Register and are codified in the Commission’s regulations as 10 CFR Part 150. Approximately 650 licenses have been transferred to Pennsylvania’s jurisdiction. This Agreement became effective on March 31, 2008, and is published here as required by Section 274e. of the Act. Notice of Waiver Termination On March 31, 2008, the Commission terminated the time-limited waivers of the Energy Policy Act of 2005 requirements granted by the Commission (70 FR 51581; August 31, 2005) to Pennsylvania for byproduct material as defined in Sections 11e.(3) and 11e.(4) of the Act. FOR FURTHER INFORMATION CONTACT: Kim Lukes, Division of Materials Safety and State Agreements, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Telephone 301–415– 6701; e-mail Kim.Lukes@nrc.gov. SUPPLEMENTARY INFORMATION: The NRC published the draft Agreement in the Federal Register for comment once a week for four consecutive weeks on June 18, 2007 (72 FR 33541), June 25, 2007 (72 FR 34728), July 2, 2007 (72 FR 36069), and July 9, 2007 (72 FR 37268), as required by the Act. The public comment period ended on July 18, 2007. The Commission received two comment letters. The comments do not affect the NRC staff’s assessment, which finds that the Pennsylvania Agreement materials program is adequate to protect public health and safety and compatible with the NRC’s program. The proposed Pennsylvania Agreement is consistent with Commission policy and thus meets the criteria for an Agreement with the Commission. After considering the request for an Agreement by the Governor of Pennsylvania, the supporting documentation submitted with the request for an Agreement, and its interactions with the staff of the Pennsylvania Bureau of Radiation Protection, the NRC staff completed an assessment of the Pennsylvania PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 19261 program. The agency made a copy of the staff assessment available in the NRC’s Public Document Room (PDR) and electronically on NRC’s Web site. Based on the staff’s assessment, the Commission determined on February 12, 2008, that the proposed Pennsylvania program for control of radiation hazards is adequate to protect public health and safety, and compatible with the Commission’s program. Documents may be examined and/or copied for a fee, at the NRC’s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Documents referred to in this notice and other publicly available documents are available electronically at the NRC’s Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/ adams.html. From this site, the public can gain entry into the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1–800–397–4209, 301–415–4737 or by e-mail to pdr.resources@nrc.gov. Dated at Rockville, Maryland, this 4th day of April 2008. For the U.S. Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. Agreement Between the United States Nuclear Regulatory Commission and the Commonwealth of Pennsylvania for the Discontinuance of Certain Commission Regulatory Authority and Responsibility Within the Commonwealth 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. 2011 et seq. (hereinafter referred to as the Act), to enter into agreements with the Governor of any State/Commonwealth providing for discontinuance of the regulatory authority of the Commission within the State/Commonwealth under Chapters 6, 7, and 8, and Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1), 11e.(2), 11e.(3), and 11e.(4) of the Act, source materials, and special nuclear materials E:\FR\FM\09APN1.SGM 09APN1 19262 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices mstockstill on PROD1PC66 with NOTICES in quantities not sufficient to form a critical mass; and, Whereas, The Governor of the Commonwealth of Pennsylvania is authorized under the Pennsylvania Radiation Protection Act of July 10, 1984, Public Law 688, No. 147, as amended, 35 P.S. 7110.101 et seq., to enter into this Agreement with the Commission; and, Whereas, The Governor of the Commonwealth of Pennsylvania certified on November 9, 2006, that the Commonwealth of Pennsylvania (hereinafter referred to as the Commonwealth) has a program for the control of radiation hazards adequate to protect public health and safety with respect to the materials within the Commonwealth covered by this Agreement, and that the Commonwealth desires to assume regulatory responsibility for such materials; and, Whereas, The Commission found on February 12, 2008, that the program of the Commonwealth 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 public health and safety; and, Whereas, The Commonwealth and the Commission recognize the desirability and importance of cooperation between the Commission and the Commonwealth in the formulation of standards for protection against hazards of radiation and in assuring that Commonwealth and Commission programs for protection against hazards of radiation will be coordinated and compatible; and, Whereas, The Commission and the Commonwealth 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 the Commonwealth acting on behalf of the Commonwealth 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 Commonwealth under Chapters 6, 7, and 8, and Section 161 of the Act with respect to the following materials: 1. Byproduct materials as defined in Section 11e.(1) of the Act; VerDate Aug<31>2005 18:06 Apr 08, 2008 Jkt 214001 2. Byproduct materials as defined in Section 11e.(3) of the Act; 3. Byproduct materials as defined in Section 11e.(4) of the Act; 4. Source materials; 5. Special nuclear materials in quantities not sufficient to form a critical mass; 6. The regulation of the land disposal of all byproduct, source, and special nuclear waste materials covered by this Agreement. Article II This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to the following: 1. The regulation of the construction and operation of any production or utilization facility or any uranium enrichment facility; 2. 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; 3. The regulation of the disposal into the ocean or sea of byproduct, source, or special nuclear materials waste as defined in the regulations or orders of the Commission; 4. The regulation of the disposal of such other byproduct, source, or special nuclear materials waste as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be disposed without a license from the Commission; 5. The evaluation of radiation safety information on sealed sources or devices containing byproduct, source, or special nuclear materials and the registration of the sealed sources or devices for distribution, as provided for in regulations or orders of the Commission; 6. Byproduct materials as defined in Section 11e.(2) of the Act. Article III With the exception of those activities identified in Articles II, paragraphs 1 through 4, this Agreement may be amended, upon application by the Commonwealth and approval by the Commission, to include one or more of the additional activities specified in Article II, paragraphs 5 and 6, whereby the Commonwealth 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 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 from licensing issued by the Commission. Article V This Agreement shall not affect the authority of the Commission under Section 161b or 161i of the Act to issue rules, regulations, or orders to protect the common defense and security, to protect restricted data, or to guard against the loss or diversion of special nuclear material. Article VI The Commission will cooperate with the Commonwealth and other Agreement States in the formulation of standards and regulatory programs of the Commonwealth and the Commission for protection against hazards of radiation and to assure that Commission and Commonwealth programs for protection against hazards of radiation will be coordinated and compatible. The Commonwealth agrees to cooperate with the Commission and other Agreement States in the formulation of standards and regulatory programs of the Commonwealth and the Commission for protection against hazards of radiation and to assure that the Commonwealth’s program will continue to be compatible with the program of the Commission for the regulation of materials covered by this Agreement. The Commonwealth 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 Commonwealth and the Commission agree to keep each other informed of events, accidents, and licensee performance that may have generic implications or otherwise be of regulatory interest. Article VII The Commission and the Commonwealth 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 Commonwealth agree to develop appropriate rules, regulations, and procedures by which such reciprocity will be accorded. E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Notices Article VIII The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the Commonwealth, or upon request of the Governor of the Commonwealth, 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 public health and safety, or (2) the Commonwealth has not complied with one or more of the requirements of Section 274 of the Act. The Commission may also, pursuant to Section 274j of the Act, temporarily suspend all or part of this Agreement if, in the judgment of the Commission, an emergency situation exists requiring immediate action to protect public health and safety and the Commonwealth has failed to take necessary steps. The Commission shall periodically review actions taken by the Commonwealth under this Agreement to ensure compliance with Section 274 of the Act which requires a Commonwealth program to be adequate to protect 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 March 31, 2008, and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII. Done at Rockville, Maryland, in triplicate, this 10th day of March, 2008. For the United States Nuclear Regulatory Commission. Dale E. Klein, Chairman. Done at Harrisburg, Pennsylvania, in triplicate, this 26th day of March, 2008. For the Commonwealth of Pennsylvania. Edward G. Rendell, Governor. [FR Doc. E8–7444 Filed 4–8–08; 8:45 am] mstockstill on PROD1PC66 with NOTICES BILLING CODE 7590–01–P VerDate Aug<31>2005 18:06 Apr 08, 2008 Jkt 214001 19263 NUCLEAR REGULATORY COMMISSION radiological criteria for license termination have been met. [Docket No. 040–06394] II. Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding on an application for a license amendment regarding the decommissioning of Range 14. Any person whose interest may be affected by this proceeding and who desires to participate as a party must file a request for a hearing and, a specification of the contentions which the person seeks to have litigated in the hearing, in accordance with the NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 FR 49139 (Aug. 28, 2007). The E-Filing rule requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least five (5) days prior to the filing deadline, the petitioner/requester must contact the Office of the Secretary by e-mail at HEARINGDOCKET@NRC.GOV, or by calling (301) 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requester (or its counsel or representative) already holds an NRCissued digital ID certificate). Each petitioner/requester will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html . Information about applying for a digital ID certificate is available on NRC’s public website at http://www.nrc.gov/ site-help/e-submittals/applycertificates.html. Once a petitioner/requester has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public website at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, Notice of Consideration of Amendment Request for Decommissioning of the Department of the Army, U.S. Army Research, Development and Engineering Command, Army Research Laboratory, Aberdeen Proving Ground, Maryland and Opportunity To Request a Hearing Nuclear Regulatory Commission. ACTION: Notice of amendment request and opportunity to request a hearing. AGENCY: A request for a hearing must be filed by June 9, 2008. FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia, PA 19406. Telephone: (610) 337–5040; fax number: (610) 337– 5269; or e-mail: exu@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Introduction The Nuclear Regulatory Commission (NRC) is considering issuance of a license amendment to Source Material License No. SMB–141 issued to the Department of the Army, U.S. Army Research, Development and Engineering Command, Army Research Laboratory (the Licensee), to authorize decommissioning of its Army Research Laboratory (ARL) Experimental Facility 14, formally known as Range 14, at the Aberdeen Proving Ground, Maryland (the Facility), under the Licensee’s Decommissioning Plan (DP). An NRC administrative review, documented in a letter to the Army Research Laboratory dated December 18, 2007, found the DP acceptable to begin a technical review. If the NRC approves the DP, the approval will be documented in an amendment to NRC License No. SMB– 141. However, before approving the proposed amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended, and NRC’s regulations. These findings will be documented in a Safety Evaluation Report and an Environmental Assessment and/or an Environmental Impact Statement. The license will be amended to authorize release of the Facility for unrestricted use if this amendment is approved following completion of decommissioning activities and verification by the NRC that the PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 73, Number 69 (Wednesday, April 9, 2008)]
[Notices]
[Pages 19261-19263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7444]


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NUCLEAR REGULATORY COMMISSION


Commonwealth of Pennsylvania: Discontinuance of Certain 
Commission Regulatory Authority Within the State; Notice of Agreement 
Between the Nuclear Regulatory Commission and the Commonwealth of 
Pennsylvania; Notice of Waiver Termination

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Agreement between the U.S. Nuclear Regulatory 
Commission and the Commonwealth of Pennsylvania.

-----------------------------------------------------------------------

SUMMARY: This notice is announcing that on March 10, 2008, Dr. Dale E. 
Klein, Chairman of the U.S. Nuclear Regulatory Commission (NRC), and on 
March 26, 2008, Governor Edward G. Rendell of the Commonwealth of 
Pennsylvania signed an Agreement as authorized by Section 274b. of the 
Atomic Energy Act of 1954, as amended (the Act). The Agreement provides 
for the Commission to discontinue its regulatory authority and for 
Pennsylvania to assume regulatory authority over the possession and use 
of byproduct material as defined in Sections 11e.(1), 11e.(3), and 
11e.(4) of the Act, source material, special nuclear materials (in 
quantities not sufficient to form a critical mass), and land disposal 
of all waste for such materials. Under the Agreement, a person in 
Pennsylvania possessing these materials is exempt from certain 
Commission regulations. The exemptions have been previously published 
in the Federal Register and are codified in the Commission's 
regulations as 10 CFR Part 150. Approximately 650 licenses have been 
transferred to Pennsylvania's jurisdiction. This Agreement became 
effective on March 31, 2008, and is published here as required by 
Section 274e. of the Act.

Notice of Waiver Termination

    On March 31, 2008, the Commission terminated the time-limited 
waivers of the Energy Policy Act of 2005 requirements granted by the 
Commission (70 FR 51581; August 31, 2005) to Pennsylvania for byproduct 
material as defined in Sections 11e.(3) and 11e.(4) of the Act.

FOR FURTHER INFORMATION CONTACT: Kim Lukes, Division of Materials 
Safety and State Agreements, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Telephone 301-415-6701; e-mail 
Kim.Lukes@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC published the draft Agreement in the 
Federal Register for comment once a week for four consecutive weeks on 
June 18, 2007 (72 FR 33541), June 25, 2007 (72 FR 34728), July 2, 2007 
(72 FR 36069), and July 9, 2007 (72 FR 37268), as required by the Act. 
The public comment period ended on July 18, 2007. The Commission 
received two comment letters. The comments do not affect the NRC 
staff's assessment, which finds that the Pennsylvania Agreement 
materials program is adequate to protect public health and safety and 
compatible with the NRC's program. The proposed Pennsylvania Agreement 
is consistent with Commission policy and thus meets the criteria for an 
Agreement with the Commission.
    After considering the request for an Agreement by the Governor of 
Pennsylvania, the supporting documentation submitted with the request 
for an Agreement, and its interactions with the staff of the 
Pennsylvania Bureau of Radiation Protection, the NRC staff completed an 
assessment of the Pennsylvania program. The agency made a copy of the 
staff assessment available in the NRC's Public Document Room (PDR) and 
electronically on NRC's Web site. Based on the staff's assessment, the 
Commission determined on February 12, 2008, that the proposed 
Pennsylvania program for control of radiation hazards is adequate to 
protect public health and safety, and compatible with the Commission's 
program.
    Documents may be examined and/or copied for a fee, at the NRC's 
PDR, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Documents referred to in this notice and 
other publicly available documents are available electronically at the 
NRC's Public Electronic Reading Room on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. From this site, the 
public can gain entry into the NRC's Agencywide Document Access and 
Management System (ADAMS), which provides text and image files of NRC's 
public documents. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
pdr.resources@nrc.gov.

    Dated at Rockville, Maryland, this 4th day of April 2008.

    For the U.S. Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Agreement Between the United States Nuclear Regulatory Commission and 
the Commonwealth of Pennsylvania for the Discontinuance of Certain 
Commission Regulatory Authority and Responsibility Within the 
Commonwealth 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. 2011 et 
seq. (hereinafter referred to as the Act), to enter into agreements 
with the Governor of any State/Commonwealth providing for 
discontinuance of the regulatory authority of the Commission within the 
State/Commonwealth under Chapters 6, 7, and 8, and Section 161 of the 
Act with respect to byproduct materials as defined in Sections 11e.(1), 
11e.(2), 11e.(3), and 11e.(4) of the Act, source materials, and special 
nuclear materials

[[Page 19262]]

in quantities not sufficient to form a critical mass; and,
    Whereas, The Governor of the Commonwealth of Pennsylvania is 
authorized under the Pennsylvania Radiation Protection Act of July 10, 
1984, Public Law 688, No. 147, as amended, 35 P.S. 7110.101 et seq., to 
enter into this Agreement with the Commission; and,
    Whereas, The Governor of the Commonwealth of Pennsylvania certified 
on November 9, 2006, that the Commonwealth of Pennsylvania (hereinafter 
referred to as the Commonwealth) has a program for the control of 
radiation hazards adequate to protect public health and safety with 
respect to the materials within the Commonwealth covered by this 
Agreement, and that the Commonwealth desires to assume regulatory 
responsibility for such materials; and,
    Whereas, The Commission found on February 12, 2008, that the 
program of the Commonwealth 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 public health 
and safety; and,
    Whereas, The Commonwealth and the Commission recognize the 
desirability and importance of cooperation between the Commission and 
the Commonwealth in the formulation of standards for protection against 
hazards of radiation and in assuring that Commonwealth and Commission 
programs for protection against hazards of radiation will be 
coordinated and compatible; and,
    Whereas, The Commission and the Commonwealth 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 the Commonwealth acting on behalf of the Commonwealth 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 
Commonwealth under Chapters 6, 7, and 8, and Section 161 of the Act 
with respect to the following materials:
    1. Byproduct materials as defined in Section 11e.(1) of the Act;
    2. Byproduct materials as defined in Section 11e.(3) of the Act;
    3. Byproduct materials as defined in Section 11e.(4) of the Act;
    4. Source materials;
    5. Special nuclear materials in quantities not sufficient to form a 
critical mass;
    6. The regulation of the land disposal of all byproduct, source, 
and special nuclear waste materials covered by this Agreement.

Article II

    This Agreement does not provide for discontinuance of any authority 
and the Commission shall retain authority and responsibility with 
respect to the following:
    1. The regulation of the construction and operation of any 
production or utilization facility or any uranium enrichment facility;
    2. 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;
    3. The regulation of the disposal into the ocean or sea of 
byproduct, source, or special nuclear materials waste as defined in the 
regulations or orders of the Commission;
    4. The regulation of the disposal of such other byproduct, source, 
or special nuclear materials waste as the Commission from time to time 
determines by regulation or order should, because of the hazards or 
potential hazards thereof, not be disposed without a license from the 
Commission;
    5. The evaluation of radiation safety information on sealed sources 
or devices containing byproduct, source, or special nuclear materials 
and the registration of the sealed sources or devices for distribution, 
as provided for in regulations or orders of the Commission;
    6. Byproduct materials as defined in Section 11e.(2) of the Act.

Article III

    With the exception of those activities identified in Articles II, 
paragraphs 1 through 4, this Agreement may be amended, upon application 
by the Commonwealth and approval by the Commission, to include one or 
more of the additional activities specified in Article II, paragraphs 5 
and 6, whereby the Commonwealth 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 from licensing issued by the Commission.

Article V

    This Agreement shall not affect the authority of the Commission 
under Section 161b or 161i of the Act to issue rules, regulations, or 
orders to protect the common defense and security, to protect 
restricted data, or to guard against the loss or diversion of special 
nuclear material.

Article VI

    The Commission will cooperate with the Commonwealth and other 
Agreement States in the formulation of standards and regulatory 
programs of the Commonwealth and the Commission for protection against 
hazards of radiation and to assure that Commission and Commonwealth 
programs for protection against hazards of radiation will be 
coordinated and compatible. The Commonwealth agrees to cooperate with 
the Commission and other Agreement States in the formulation of 
standards and regulatory programs of the Commonwealth and the 
Commission for protection against hazards of radiation and to assure 
that the Commonwealth's program will continue to be compatible with the 
program of the Commission for the regulation of materials covered by 
this Agreement.
    The Commonwealth 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 Commonwealth and the Commission agree to keep each other 
informed of events, accidents, and licensee performance that may have 
generic implications or otherwise be of regulatory interest.

Article VII

    The Commission and the Commonwealth 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 Commonwealth agree to develop 
appropriate rules, regulations, and procedures by which such 
reciprocity will be accorded.

[[Page 19263]]

Article VIII

    The Commission, upon its own initiative after reasonable notice and 
opportunity for hearing to the Commonwealth, or upon request of the 
Governor of the Commonwealth, 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 public health and 
safety, or (2) the Commonwealth has not complied with one or more of 
the requirements of Section 274 of the Act. The Commission may also, 
pursuant to Section 274j of the Act, temporarily suspend all or part of 
this Agreement if, in the judgment of the Commission, an emergency 
situation exists requiring immediate action to protect public health 
and safety and the Commonwealth has failed to take necessary steps. The 
Commission shall periodically review actions taken by the Commonwealth 
under this Agreement to ensure compliance with Section 274 of the Act 
which requires a Commonwealth program to be adequate to protect 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 March 31, 2008, and shall 
remain in effect unless and until such time as it is terminated 
pursuant to Article VIII.

    Done at Rockville, Maryland, in triplicate, this 10th day of 
March, 2008.

    For the United States Nuclear Regulatory Commission.
Dale E. Klein,
Chairman.

    Done at Harrisburg, Pennsylvania, in triplicate, this 26th day 
of March, 2008.

    For the Commonwealth of Pennsylvania.

Edward G. Rendell,
Governor.
[FR Doc. E8-7444 Filed 4-8-08; 8:45 am]
BILLING CODE 7590-01-P