State of Wyoming: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the NRC and the State of Wyoming, 48905-48908 [2018-21229]
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48905
Rules and Regulations
Federal Register
Vol. 83, No. 189
Friday, September 28, 2018
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 150
[NRC–2018–0104]
State of Wyoming: Discontinuance of
Certain Commission Regulatory
Authority Within the State; Notice of
Agreement Between the NRC and the
State of Wyoming
Nuclear Regulatory
Commission.
ACTION: Final State agreement.
AGENCY:
This document is announcing
that on September 25, 2018, Kristine L.
Svinicki, Chairman of the U.S. Nuclear
Regulatory Commission (NRC or
Commission), and Governor Matthew H.
Mead of the State of Wyoming, signed
an Agreement as authorized by Section
274b. of the Atomic Energy Act of 1954,
as amended (the Act). Under the
Agreement the Commission
discontinues its regulatory authority,
and the State of Wyoming assumes
regulatory authority over the
management and disposal of byproduct
material as defined in Section 11e.(2) of
the Act and a subcategory of source
material or ores involved in extraction
or concentration of uranium or thorium
milling in the State. As of the effective
date of the Agreement, a person in
Wyoming possessing these materials is
exempt from certain Commission
regulations. The exemptions have been
previously published in the Federal
Register (FR) and are codified in the
Commission’s regulations. The
Agreement is published here as required
by Section 274e. of the Act.
DATES: The effective date of the
Agreement is September 30, 2018.
ADDRESSES: Please refer to Docket ID
NRC–2018–0104 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
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SUMMARY:
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• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0104. Address
questions about dockets in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Document collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search’’. For
problems with ADAMS, contact the
NRC’s PDR reference staff at 1–800–
397–4209, 301–415–4737, or by email to
pdr.resource@nrc.gov. The ADAMS
Accession numbers for the request for
an Agreement by the Governor of
Wyoming, including all information and
documentation submitted in support of
the request, and the NRC staff
assessment are: ML16300A294,
ML17319A921, ML18094B074, and
ML18192B111 (includes final staff
assessment).
• NRC’s Public Document Room
(PDR): The public 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.
FOR FURTHER INFORMATION CONTACT:
Stephen Poy, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555-0001; telephone: 301–415–
7135; e-mail: Stephen.Poy@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
published the proposed Agreement in
the Federal Register for comment once
each week for 4 consecutive weeks on
June 26, 2018 (83 FR 29828), July 3,
2018 (83 FR 31174), July 10, 2018 (83
FR 31981), and July 17, 2018 (83 FR
33257), as required by the Act. The
comment period ended on July 26, 2018.
The Commission received 11 comment
letters and responses—two supporting
the Agreement, three opposing the
Agreement, and the remaining not
stating an opinion or providing
statements related to the proposed
Agreement. The comments did not alter
the NRC staff’s finding that the
Wyoming Agreement State program is
adequate to protect public health and
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safety and compatible with the NRC’s
program. The Wyoming 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
Wyoming, the supporting
documentation submitted with the
request for an Agreement, and its
interactions with the staff of the
Wyoming Department of Environmental
Quality, the NRC staff completed an
assessment of the Wyoming program.
The agency made a copy of the staff
assessment available in the NRC’s
Public Document Room (PDR) and
electronically on the NRC’s Web site.
Based on the staff’s assessment, the
Commission determined on September
10, 2018, that the Wyoming program for
control of radiation hazards is adequate
to protect public health and safety and
compatible with the Commission’s
program. This Agreement is a rule as
defined in the Congressional Review
Act (5 U.S.C. 801–808). However, the
Office of Management and Budget has
not found it to be a major rule as
defined in the Congressional Review
Act.
Dated at Rockville, Maryland, this 25th day
of September, 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT
AN AGREEMENT BETWEEN THE
UNITED STATES NUCLEAR
REGULATORY COMMISSION AND
THE STATE OF WYOMING 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 any 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
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respect to byproduct material as defined
in Section 11e.(2) of the Act and source
material involved in the extraction or
concentration of uranium or thorium in
source material or ores at milling
facilities; and,
WHEREAS, The Governor of the State
of Wyoming is authorized under
Wyoming Statute Section 35–11–2001 to
enter into this Agreement with the
Commission; and,
WHEREAS, The Governor of the State
of Wyoming certified on November 14,
2017, that the State of Wyoming
(hereinafter referred to as ‘‘the State’’)
has a program for the control of
radiation hazards adequate to protect
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 September 10, 2018, that the program
of the State 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 State 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 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 Act;
NOW, THEREFORE, It is hereby
agreed between the Commission and the
Governor of the State of Wyoming 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, 7, and 8, and Section
161 of the Act with respect to the
following materials:
A. Byproduct material as defined in
Section 11e.(2) of the Act; and,
B. Source material involved in the
extraction or concentration of
uranium or thorium in source
material or ores at uranium or
thorium milling facilities
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(hereinafter referred to as ‘‘source
material associated with milling
activities’’).
ARTICLE II
A. This Agreement does not provide for
the discontinuance of any authority,
and the Commission shall retain
authority and responsibility, with
respect to:
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 material as defined in
Section 11e.(4) of the Act;
4. Source material except for source
material as defined in Article I.B. of
this Agreement;
5. Special nuclear material;
6. The regulation of the land disposal
of byproduct, source, or special
nuclear material received from
other persons, excluding 11e.(2)
byproduct material or source
material described in Article I.A.
and B. of this Agreement;
7. 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;
8. The regulation of the construction
and operation of any production or
utilization facility or any uranium
enrichment facility;
9. 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;
10. The regulation of the disposal into
the ocean or sea of byproduct,
source, or special nuclear material
waste as defined in the regulations
or orders of the Commission;
11. The regulation of the disposal of
such other byproduct, source, or
special nuclear material as the
Commission from time to time
determines by regulation or order
should, because of the hazards or
potential hazards thereof, not to be
so disposed without a license from
the Commission;
12. The regulation of activities not
exempt from Commission
regulation as stated in 10 CFR part
150;
13. The regulation of laboratory
facilities that are not located at
facilities licensed under the
authority relinquished under
Article I.A. and B. of this
Agreement; and,
14. Notwithstanding this Agreement,
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the Commission shall retain
regulatory authority over the
American Nuclear Corporation
license (License No. SUA–667;
Docket No. 040–04492).
B. Notwithstanding this Agreement, the
Commission retains the following
authorities pertaining to byproduct
material as defined in Section
11e.(2) of the Act:
1. Prior to the termination of a State
license for such byproduct material,
or for any activity that results in the
production of such material, the
Commission shall have made a
determination that all applicable
standards and requirements
pertaining to such material have
been met.
2. The Commission reserves the
authority to establish minimum
standards governing reclamation,
long-term surveillance or
maintenance, and ownership of
such byproduct material and of
land used as its disposal site for
such material. Such reserved
authority includes:
a. The authority to establish terms and
conditions as the Commission
determines necessary to assure that,
prior to termination of any license
for such byproduct material, or for
any activity that results in the
production of such material, the
licensee shall comply with
decontamination,
decommissioning, and reclamation
standards prescribed by the
Commission and with ownership
requirements for such material and
its disposal site;
b. The authority to require that prior
to termination of any license for
such byproduct material or for any
activity that results in the
production of such material, title to
such byproduct material and its
disposal site be transferred to the
United States or the State at the
option of the State (provided such
option is exercised prior to
termination of the license);
d. The authority to permit use of the
surface or subsurface estates, or
both, of the land transferred to the
United States or a State pursuant to
paragraph 2.b. in this section in a
manner consistent with the
provisions of the Uranium Mill
Tailings Radiation Control Act of
1978, provided that the
Commission determines that such
use would not endanger public
health, safety, welfare, or the
environment;
e. The authority to require, in the case
of a license for any activity that
produces such byproduct material
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(which license was in effect on
November 8, 1981), transfer of land
and material pursuant to paragraph
2.b. in this section taking into
consideration the status of such
material and land and interests
therein and the ability of the
licensee to transfer title and custody
thereof to the United States or a
State;
f. The authority to require the
Secretary of the United States
Department of Energy, other Federal
agency, or State, whichever has
custody of such byproduct material
and its disposal site, to undertake
such monitoring, maintenance, and
emergency measures as are
necessary to protect public health
and safety and other actions as the
Commission deems necessary; and,
g. The authority to enter into
arrangements as may be appropriate
to assure Federal long-term
surveillance or maintenance of such
byproduct material and its disposal
site on land held in trust by the
United States for any Indian Tribe
or land owned by an Indian Tribe
and subject to a restriction against
alienation imposed by the United
States.
3. The Commission retains the
authority to reject any State request
to terminate a license that proposes
to bifurcate the ownership of 11e.(2)
byproduct material and its disposal
site between the State and the
Federal government. Upon passage
of a revised Wyoming Statute
Section 35–11–2004(c) that the NRC
finds compatible with Section
83b.(1)(A) of the Act, this paragraph
expires and is no longer part of this
Agreement.
ARTICLE III
With the exception of those activities
identified in Article II, A.8 through
A.11, 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, A.1 through A.7,
whereby the State may then exert
regulatory authority and responsibility
with respect to those activities.
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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
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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
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 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 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
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
A. The Commission, upon its own
initiative after reasonable notice
and opportunity for hearing to the
State or upon request of the
Governor of the State, 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
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48907
required to protect public health
and safety, or (2) the State has not
complied with one or more of the
requirements of Section 274 of the
Act.
1. This Agreement will terminate
without further NRC action if the
State does not amend Wyoming
Statute Section 35–11–2004(c) to be
compatible with Section 83b.(1)(A)
of the Act by the end of the 2019
Wyoming legislative session. Upon
passage of a revised Wyoming
Statute Section 35–11–2004(c) that
the NRC finds compatible with
Section 83b.(1)(A) of the Act, this
paragraph expires and is no longer
part of the Agreement.
B. 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 State has failed to
take necessary steps. 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 public
health and safety with respect to the
materials covered by this
Agreement and to be compatible
with the Commission’s program.
ARTICLE IX
In the licensing and regulation of
byproduct material as defined in
Section 11e.(2) of the Act, or of any
activity that results in production of
such material, the State shall comply
with the provisions of Section 274o. of
the Act, if in such licensing and
regulation, the State requires financial
surety arrangements for reclamation or
long-term surveillance and maintenance
of such material.
A. The total amount of funds the State
collects for such purposes shall be
transferred to the United States if
custody of such material and its
disposal site is transferred to the
United States upon termination of
the State license for such material
or any activity that results in the
production of such material. Such
funds include, but are not limited
to, sums collected for long-term
surveillance or maintenance. Such
funds do not, however, include
monies held as surety where no
default has occurred and the
reclamation or other bonded
activity has been performed; and,
B. Such surety or other financial
requirements must be sufficient to
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations
ensure compliance with those
standards established by the
Commission pertaining to bonds,
sureties, and financial arrangements
to ensure adequate reclamation and
long-term management of such
byproduct material and its disposal
site.
ARTICLE X
This Agreement shall become effective
on September 30, 2018, and shall
remain in effect unless and until such
time as it is terminated pursuant to
Article VIII.
Done at Cheyenne, Wyoming, in
triplicate, this 25th day of September,
2018.
FOR THE UNITED STATES
NUCLEAR REGULATORY
COMMISSION.
/RA/
Kristine L. Svinicki, Chairman
FOR THE STATE OF WYOMING.
/RA/
Matthew H. Mead, Governor
[FR Doc. 2018–21229 Filed 9–27–18; 8:45 am]
BILLING CODE 7590–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 125
RIN 3245–AG85
Ownership and Control of ServiceDisabled Veteran-Owned Small
Business Concerns
U.S. Small Business
Administration.
ACTION: Final rule.
AGENCY:
The U.S. Small Business
Administration (SBA or Agency) is
amending its regulations to implement
provisions of the National Defense
Authorization Act for Fiscal Year 2017
(NDAA 2017). The NDAA 2017 placed
the responsibility for issuing regulations
relating to ownership and control for the
Department of Veterans Affairs
verification of Veteran-Owned (VO) and
Service-Disabled Veteran-Owned
(SDVO) Small Business Concerns (SBCs)
with the SBA. Pursuant to NDAA 2017,
SBA issues one definition of ownership
and control for these concerns, which
applies to the Department of Veterans
Affairs in its verification and Vets First
Contracting Program procurements, and
all other government acquisitions which
require self-certification. The legislation
also provided that in certain
circumstances a firm can qualify as VO
or SDVO when there is a surviving
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SUMMARY:
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spouse or an employee stock ownership
plan (ESOP).
DATES: This rule is effective October 1,
2018.
FOR FURTHER INFORMATION CONTACT:
Brenda Fernandez, Office of Policy,
Planning and Liaison, 409 Third Street
SW, Washington, DC 20416; (202) 205–
7337; brenda.fernandez@sba.gov.
SUPPLEMENTARY INFORMATION:
Introduction
The Vets First Contracting Program
within the Department of Veterans
Affairs (VA) was created under the
Veterans Benefits, Health Care, and
Information Technology Act of 2006
(Pub. L. 109–461), 38 U.S.C. 501, 513.
This contracting program was created
for Veteran-Owned Small Businesses
and expanded the Service-Disabled
Veteran-Owned contracting program for
VA procurements. Approved firms are
eligible to participate in Veteran-Owned
Small Business (VOSB) and ServiceDisabled Veteran-Owned Small
Business (SDVOSB) set-asides issued by
VA. More information regarding the
Vets First Contracting Program can be
found on the Department of Veterans
Affairs website at https://www.va.gov/
osdbu/faqs/109461.asp.
This rule complies with the directive
in the National Defense Authorization
Act of 2017 (Pub. L. 114–328), section
1832, to standardize definitions for
VOSBs and SDVOSBs between VA and
SBA. As required by section 1832, the
Secretary of Veterans Affairs will use
SBA’s regulations to determine
ownership and control of VOSBs and
SDVOSBs. The Secretary would
continue to determine whether
individuals are veterans or servicedisabled veterans and would be
responsible for verification of applicant
firms. Challenges to the status of a
VOSB or SDVOSB based upon issues of
ownership or control would be decided
by the administrative judges at the
SBA’s Office of Hearings and Appeals
(OHA).
The VA proposed its companion rule,
VA Veteran-Owned Small Business
(VOSB) Verification Guidelines (RIN
2900–AP97) on January 10, 2018 (83 FR
1203)(Docket Number: VA–2018–
VACO–0004). Their proposed rule
sought to remove all references related
to ownership and control and to add
and clarify certain terms and references
that are currently part of the verification
process. The NDAA also provides that
in certain circumstances a firm can
qualify as VOSB or Service-Disabled
Veteran Owned Small Business
(SDVOSB) when there is a surviving
spouse or an employee stock ownership
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Sfmt 4700
plan (ESOP). The final VA rule was
issued on September 24, 2018 and is
effective October 1, 2018. 83 FR 48221.
Similarly, SBA has finalized another
related rule on March 30, 2018. SBA
Final Rule: Rules of Practice for Protests
and Appeals Regarding Eligibility for
Inclusion in the U.S. Department of
Veterans Affairs Center for Verification
and Evaluation Database (83 FR 13626;
RIN: 3245–AG87; Docket Number: SBA–
2017–0007). This rule, also effective
October 1, 2018, amends the rules of
practice of SBA’s Office of Hearings and
Appeals (OHA) to implement
procedures for protests of eligibility for
inclusion in the Department of Veterans
Affairs (VA) Center for Verification and
Evaluation (CVE) database, and
procedures for appeals of denials and
cancellations of inclusion in the CVE
database. OHA added two subparts to 13
CFR part 134: one for protests; the other
for appeals. These amendments are
issued in accordance with sections 1832
and 1833 of the National Defense
Authorization Act for Fiscal Year 2017
(NDAA 2017).
SBA proposed this rule on January 29,
2018 (83 FR 4005; Docket Number:
SBA–2018–0001). Sixty-eight comments
were received, not all of which were
germane to the rulemaking.
SBA received several comments
related to this rulemaking as a whole.
Two comments were supportive of the
rule because the rule would align SBA’s
and VA’s regulations, and would help to
define elements previously addressed
only outside the regulations through
OHA decisions or case-by-case
determinations. Six commenters
opposed the proposed rule for
addressing issues beyond just
standardizing SBA’s and VA’s
definitions. As explained in the sectionby-section analysis, this rule codifies
standards and practices that SBA has
applied consistently through
determinations and OHA decisions.
SBA believes it benefits VOSB and
SDVOSBs to have these standards and
practices reflected in the regulations.
One commenter stated that SBA and
VA should jointly issue regulations.
SBA has consulted with VA in order to
properly understand VA’s positions and
implement the statutory requirements in
a way that is consistent with both SBA’s
and VA’s interpretations. SBA and VA
will each issue regulations effective on
October 1, 2018, which will have the
effect of creating a single ownership and
control rule for both agencies.
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]]>Agencies
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48905-48908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21229]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 /
Rules and Regulations
[[Page 48905]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 150
[NRC-2018-0104]
State of Wyoming: Discontinuance of Certain Commission Regulatory
Authority Within the State; Notice of Agreement Between the NRC and the
State of Wyoming
AGENCY: Nuclear Regulatory Commission.
ACTION: Final State agreement.
-----------------------------------------------------------------------
SUMMARY: This document is announcing that on September 25, 2018,
Kristine L. Svinicki, Chairman of the U.S. Nuclear Regulatory
Commission (NRC or Commission), and Governor Matthew H. Mead of the
State of Wyoming, signed an Agreement as authorized by Section 274b. of
the Atomic Energy Act of 1954, as amended (the Act). Under the
Agreement the Commission discontinues its regulatory authority, and the
State of Wyoming assumes regulatory authority over the management and
disposal of byproduct material as defined in Section 11e.(2) of the Act
and a subcategory of source material or ores involved in extraction or
concentration of uranium or thorium milling in the State. As of the
effective date of the Agreement, a person in Wyoming possessing these
materials is exempt from certain Commission regulations. The exemptions
have been previously published in the Federal Register (FR) and are
codified in the Commission's regulations. The Agreement is published
here as required by Section 274e. of the Act.
DATES: The effective date of the Agreement is September 30, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0104 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0104. Address
questions about dockets in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search''. For problems with ADAMS, contact the NRC's PDR reference
staff at 1-800-397-4209, 301-415-4737, or by email to
[email protected]. The ADAMS Accession numbers for the request for
an Agreement by the Governor of Wyoming, including all information and
documentation submitted in support of the request, and the NRC staff
assessment are: ML16300A294, ML17319A921, ML18094B074, and ML18192B111
(includes final staff assessment).
NRC's Public Document Room (PDR): The public 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.
FOR FURTHER INFORMATION CONTACT: Stephen Poy, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555[dash]0001; telephone: 301-415-7135; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: The NRC published the proposed Agreement in
the Federal Register for comment once each week for 4 consecutive weeks
on June 26, 2018 (83 FR 29828), July 3, 2018 (83 FR 31174), July 10,
2018 (83 FR 31981), and July 17, 2018 (83 FR 33257), as required by the
Act. The comment period ended on July 26, 2018. The Commission received
11 comment letters and responses--two supporting the Agreement, three
opposing the Agreement, and the remaining not stating an opinion or
providing statements related to the proposed Agreement. The comments
did not alter the NRC staff's finding that the Wyoming Agreement State
program is adequate to protect public health and safety and compatible
with the NRC's program. The Wyoming 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
Wyoming, the supporting documentation submitted with the request for an
Agreement, and its interactions with the staff of the Wyoming
Department of Environmental Quality, the NRC staff completed an
assessment of the Wyoming program. The agency made a copy of the staff
assessment available in the NRC's Public Document Room (PDR) and
electronically on the NRC's Web site. Based on the staff's assessment,
the Commission determined on September 10, 2018, that the Wyoming
program for control of radiation hazards is adequate to protect public
health and safety and compatible with the Commission's program. This
Agreement is a rule as defined in the Congressional Review Act (5
U.S.C. 801-808). However, the Office of Management and Budget has not
found it to be a major rule as defined in the Congressional Review Act.
Dated at Rockville, Maryland, this 25th day of September, 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT
AN AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION
AND THE STATE OF WYOMING 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 any 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
[[Page 48906]]
respect to byproduct material as defined in Section 11e.(2) of the Act
and source material involved in the extraction or concentration of
uranium or thorium in source material or ores at milling facilities;
and,
WHEREAS, The Governor of the State of Wyoming is authorized under
Wyoming Statute Section 35-11-2001 to enter into this Agreement with
the Commission; and,
WHEREAS, The Governor of the State of Wyoming certified on November
14, 2017, that the State of Wyoming (hereinafter referred to as ``the
State'') has a program for the control of radiation hazards adequate to
protect 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 September 10, 2018, that the
program of the State 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 State 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 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 Act;
NOW, THEREFORE, It is hereby agreed between the Commission and the
Governor of the State of Wyoming 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, 7, and 8, and Section 161 of the Act with respect to
the following materials:
A. Byproduct material as defined in Section 11e.(2) of the Act; and,
B. Source material involved in the extraction or concentration of
uranium or thorium in source material or ores at uranium or thorium
milling facilities (hereinafter referred to as ``source material
associated with milling activities'').
ARTICLE II
A. This Agreement does not provide for the discontinuance of any
authority, and the Commission shall retain authority and
responsibility, with respect to:
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 material as defined in Section 11e.(4) of the Act;
4. Source material except for source material as defined in Article
I.B. of this Agreement;
5. Special nuclear material;
6. The regulation of the land disposal of byproduct, source, or
special nuclear material received from other persons, excluding 11e.(2)
byproduct material or source material described in Article I.A. and B.
of this Agreement;
7. 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;
8. The regulation of the construction and operation of any
production or utilization facility or any uranium enrichment facility;
9. 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;
10. The regulation of the disposal into the ocean or sea of
byproduct, source, or special nuclear material waste as defined in the
regulations or orders of the Commission;
11. The regulation of the disposal of such other byproduct, source,
or special nuclear material as the Commission from time to time
determines by regulation or order should, because of the hazards or
potential hazards thereof, not to be so disposed without a license from
the Commission;
12. The regulation of activities not exempt from Commission
regulation as stated in 10 CFR part 150;
13. The regulation of laboratory facilities that are not located at
facilities licensed under the authority relinquished under Article I.A.
and B. of this Agreement; and,
14. Notwithstanding this Agreement, the Commission shall retain
regulatory authority over the American Nuclear Corporation license
(License No. SUA-667; Docket No. 040-04492).
B. Notwithstanding this Agreement, the Commission retains the following
authorities pertaining to byproduct material as defined in Section
11e.(2) of the Act:
1. Prior to the termination of a State license for such byproduct
material, or for any activity that results in the production of such
material, the Commission shall have made a determination that all
applicable standards and requirements pertaining to such material have
been met.
2. The Commission reserves the authority to establish minimum
standards governing reclamation, long-term surveillance or maintenance,
and ownership of such byproduct material and of land used as its
disposal site for such material. Such reserved authority includes:
a. The authority to establish terms and conditions as the
Commission determines necessary to assure that, prior to termination of
any license for such byproduct material, or for any activity that
results in the production of such material, the licensee shall comply
with decontamination, decommissioning, and reclamation standards
prescribed by the Commission and with ownership requirements for such
material and its disposal site;
b. The authority to require that prior to termination of any
license for such byproduct material or for any activity that results in
the production of such material, title to such byproduct material and
its disposal site be transferred to the United States or the State at
the option of the State (provided such option is exercised prior to
termination of the license);
d. The authority to permit use of the surface or subsurface
estates, or both, of the land transferred to the United States or a
State pursuant to paragraph 2.b. in this section in a manner consistent
with the provisions of the Uranium Mill Tailings Radiation Control Act
of 1978, provided that the Commission determines that such use would
not endanger public health, safety, welfare, or the environment;
e. The authority to require, in the case of a license for any
activity that produces such byproduct material
[[Page 48907]]
(which license was in effect on November 8, 1981), transfer of land and
material pursuant to paragraph 2.b. in this section taking into
consideration the status of such material and land and interests
therein and the ability of the licensee to transfer title and custody
thereof to the United States or a State;
f. The authority to require the Secretary of the United States
Department of Energy, other Federal agency, or State, whichever has
custody of such byproduct material and its disposal site, to undertake
such monitoring, maintenance, and emergency measures as are necessary
to protect public health and safety and other actions as the Commission
deems necessary; and,
g. The authority to enter into arrangements as may be appropriate
to assure Federal long-term surveillance or maintenance of such
byproduct material and its disposal site on land held in trust by the
United States for any Indian Tribe or land owned by an Indian Tribe and
subject to a restriction against alienation imposed by the United
States.
3. The Commission retains the authority to reject any State request
to terminate a license that proposes to bifurcate the ownership of
11e.(2) byproduct material and its disposal site between the State and
the Federal government. Upon passage of a revised Wyoming Statute
Section 35-11-2004(c) that the NRC finds compatible with Section
83b.(1)(A) of the Act, this paragraph expires and is no longer part of
this Agreement.
ARTICLE III
With the exception of those activities identified in Article II, A.8
through A.11, 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, A.1 through A.7, 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 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 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
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 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
A. The Commission, upon its own initiative after reasonable notice and
opportunity for hearing to the State or upon request of the Governor of
the State, 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 State has not
complied with one or more of the requirements of Section 274 of the
Act.
1. This Agreement will terminate without further NRC action if the
State does not amend Wyoming Statute Section 35-11-2004(c) to be
compatible with Section 83b.(1)(A) of the Act by the end of the 2019
Wyoming legislative session. Upon passage of a revised Wyoming Statute
Section 35-11-2004(c) that the NRC finds compatible with Section
83b.(1)(A) of the Act, this paragraph expires and is no longer part of
the Agreement.
B. 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 State has failed to
take necessary steps. 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 public health and safety with respect to the materials
covered by this Agreement and to be compatible with the Commission's
program.
ARTICLE IX
In the licensing and regulation of byproduct material as defined in
Section 11e.(2) of the Act, or of any activity that results in
production of such material, the State shall comply with the provisions
of Section 274o. of the Act, if in such licensing and regulation, the
State requires financial surety arrangements for reclamation or long-
term surveillance and maintenance of such material.
A. The total amount of funds the State collects for such purposes shall
be transferred to the United States if custody of such material and its
disposal site is transferred to the United States upon termination of
the State license for such material or any activity that results in the
production of such material. Such funds include, but are not limited
to, sums collected for long-term surveillance or maintenance. Such
funds do not, however, include monies held as surety where no default
has occurred and the reclamation or other bonded activity has been
performed; and,
B. Such surety or other financial requirements must be sufficient to
[[Page 48908]]
ensure compliance with those standards established by the Commission
pertaining to bonds, sureties, and financial arrangements to ensure
adequate reclamation and long-term management of such byproduct
material and its disposal site.
ARTICLE X
This Agreement shall become effective on September 30, 2018, and shall
remain in effect unless and until such time as it is terminated
pursuant to Article VIII.
Done at Cheyenne, Wyoming, in triplicate, this 25th day of September,
2018.
FOR THE UNITED STATES
NUCLEAR REGULATORY COMMISSION.
/RA/
Kristine L. Svinicki, Chairman
FOR THE STATE OF WYOMING.
/RA/
Matthew H. Mead, Governor
[FR Doc. 2018-21229 Filed 9-27-18; 8:45 am]
BILLING CODE 7590-01-P
