State of Vermont: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the NRC and the State of Vermont, 51365-51367 [2019-20973]
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51365
Rules and Regulations
Federal Register
Vol. 84, No. 189
Monday, September 30, 2019
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–2019–0114]
State of Vermont: Discontinuance of
Certain Commission Regulatory
Authority Within the State; Notice of
Agreement Between the NRC and the
State of Vermont
Nuclear Regulatory
Commission.
ACTION: Final State agreement.
AGENCY:
This notice is announcing
that on September 9, 2019, Kristine L.
Svinicki, Chairman of the U.S. Nuclear
Regulatory Commission (NRC or
Commission), and on September 13,
2019, Governor Philip B. Scott of the
State of Vermont, 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 Vermont
assumes regulatory authority over
11e.(1), 11e.(3), and 11e.(4) byproduct
materials, source materials, and special
nuclear materials in quantities not
sufficient to form a critical mass. As of
the effective date of the Agreement, a
person in Vermont 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, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2019–0114 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–2019–0114. Address
questions about docket IDs 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 public document room (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 Vermont,
including all information and
documentation submitted in support of
the request, and the NRC staff
assessment are: ML19109A085,
ML19107A432, ML19114A092,
ML19140A393, ML19102A130,
ML19161A133, and ML19192A115
(SECY–19–0085, includes final staff
assessment).
• NRC’s 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:
Duncan White, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2598; email: Duncan.White@
nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
published the proposed Agreement in
the FR for comment once each week for
4 consecutive weeks on June 25, 2019
(84 FR 29811), July 2, 2019 (84 FR
31518), July 9, 2019 (84 FR 32657), and
July 16, 2019 (84 FR 33864), as required
by the Act. The comment period ended
on July 25, 2019. One comment was
received supporting the Agreement. The
NRC staff determined that the Vermont
Agreement State program is adequate to
protect the public health and safety and
compatible with the NRC’s program.
The Vermont Agreement is consistent
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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 Vermont,
the supporting documentation
submitted with the request for an
Agreement, and its interactions with the
staff of the Vermont Department of
Health, the NRC staff completed an
assessment of the Vermont program.
The agency made a copy of the staff
assessment available in the NRC’s PDR
and electronically on the NRC’s website.
Based on the staff’s assessment, the
Commission determined on September
6, 2019, that the Vermont program for
control of radiation hazards is adequate
to protect the 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 23rd day
of September, 2019.
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 VERMONT FOR THE
DISCONTINUANCE OF CERTAIN
COMMISSION REGULATORY
AUTHORITY AND RESPONSIBILITY
WITHIN THE STATE PURSUANT TO
SECTION 274 OF THE ATOMIC
ENERGY ACT OF 1954, AS AMENDED
WHEREAS, The United States
Nuclear Regulatory Commission
(hereinafter referred to as ‘‘the
Commission’’) is authorized under
Section 274 of the Atomic Energy Act of
1954, as amended, 42 U.S.C. Section
2011 et seq. (hereinafter referred to as
‘‘the Act’’), to enter into agreements
with the Governor of the State of
Vermont (hereinafter referred to as ‘‘the
State’’) providing for discontinuance of
the regulatory authority of the
Commission within the State under
Chapters 6, 7, and 8, and Section 161 of
the Act with respect to byproduct
materials as defined in Sections 11e.(1),
(3), and (4) of the Act, source materials,
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51366
Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
and special nuclear materials in
quantities not sufficient to form a
critical mass; and,
WHEREAS, The Governor of the State
of Vermont is authorized under VT.
STAT. ANN. tit. 18, § 1653 to enter into
this Agreement with the Commission;
and,
WHEREAS, The Governor of the State
of Vermont certified on April 11, 2019,
that the State has a program for the
control of radiation hazards adequate to
protect the public health and safety with
respect to the materials within the State
covered by this Agreement, and that the
State desires to assume regulatory
responsibility for such materials; and,
WHEREAS, The Commission found
on September 6, 2019, that the program
of the State of Vermont for the
regulation of the materials covered by
this Agreement is compatible with the
Commission’s program for the
regulation of such materials and is
adequate to protect the public health
and safety; and,
WHEREAS, The State of Vermont and
the Commission recognize the
desirability and importance of
cooperation between the Commission
and the State in the formulation of
standards for protection against hazards
of radiation and in assuring that State
and Commission programs for
protection against hazards of radiation
will be coordinated and compatible;
and,
WHEREAS, The Commission and the
State of Vermont recognize the
desirability of the reciprocal recognition
of licenses, and of the granting of
limited exemptions from licensing of
those materials subject to this
Agreement; and,
WHEREAS, This Agreement is
entered into pursuant to the provisions
of the Act;
NOW, THEREFORE, It is hereby
agreed between the Commission and the
Governor of Vermont acting on behalf of
the State as follows:
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ARTICLE I
Subject to the exceptions provided in
Articles II, IV, and V, the Commission
shall discontinue, as of the effective
date of this Agreement, the regulatory
authority of the Commission in the State
under Chapters 6, 7 and 8, and Section
161 of the Act with respect to the
following materials:
1. Byproduct material as defined in
Section 11e.(1) of the Act;
2. Byproduct material as defined in
Section 11e.(3) of the Act;
3. Byproduct materials as defined in
Section 11e.(4) of the Act;
4. Source materials; and
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5. Special nuclear materials, in
quantities not sufficient to form a
critical mass.
ARTICLE II
This Agreement does not provide for
the discontinuance of any authority, and
the Commission shall retain authority
and responsibility, with respect to:
A. The regulation of byproduct
material as defined in Section 11e.(2) of
the Act;
B. The regulation of the land disposal
of byproduct, source, or special nuclear
material received from other persons;
C. The evaluation of radiation safety
information on sealed sources or
devices containing byproduct, source, or
special nuclear material and the
registration of the sealed sources or
devices for distribution, as provided for
in regulations or orders of the
Commission;
D. The regulation of the construction,
operation, and decommissioning of any
production or utilization facility or any
uranium enrichment facility;
E. The regulation of the export from
or import into the United States of
byproduct, source, or special nuclear
material, or of any production or
utilization facility;
F. The regulation of the disposal into
the ocean or sea of byproduct, source, or
special nuclear material waste as
defined in regulations or orders of the
Commission;
G. The regulation of the disposal of
such other byproduct, source, or special
nuclear material as the Commission
determines by regulation or order
should, because of the hazards or
potential hazards thereof, not be so
disposed without a license from the
Commission; and
H. The regulation of activities not
exempt from Commission regulation as
stated in 10 CFR part 150.
ARTICLE III
With the exception of those activities
identified in Article II, paragraphs D.
through H., this Agreement may be
amended, upon application by the State
and approval by the Commission to
include one or more of the additional
activities specified in Article II,
paragraphs A. through C., whereby the
State may then exert regulatory
authority and responsibility with
respect to those activities.
ARTICLE IV
Notwithstanding this Agreement, the
Commission may from time to time by
rule, regulation, or order, require that
the manufacturer, processor, or
producer of any equipment, device,
commodity, or other product containing
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source, byproduct, or special nuclear
material shall not transfer possession or
control of such product except pursuant
to a license or an exemption for
licensing issued by the Commission.
ARTICLE V
This Agreement shall not affect the
authority of the Commission under
Subsection 161b. or 161i. of the Act to
issue rules, regulations, or orders to
promote the common defense and
security, to protect restricted data, or to
guard against the loss or diversion of
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 the
hazards of radiation and to assure that
the State’s program will continue to be
compatible with the program of the
Commission for the regulation of
materials covered by this Agreement.
The State and the Commission agree
to keep each other informed of proposed
changes in their respective rules and
regulations and to provide each other
the opportunity for early and
substantive contribution to the proposed
changes.
The State and the Commission agree
to keep each other informed of events,
accidents, and licensee performance
that may have generic implication or
otherwise be of regulatory interest.
ARTICLE VII
The Commission and the State agree
that it is desirable to provide reciprocal
recognition of licenses for the materials
listed in Article I licensed by the other
party or by any other Agreement State.
Accordingly, the Commission and the
State agree to develop appropriate rules,
regulations, and procedures by which
reciprocity will be accorded.
ARTICLE VIII
The Commission, upon its own
initiative after reasonable notice and
opportunity for hearing to the State or
upon request of the Governor of
Vermont, may terminate or suspend all
or part of this Agreement and reassert
the licensing and regulatory authority
vested in it under the Act, if the
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Rules and Regulations
Commission finds that (1) such
termination or suspension is required to
protect the public health and safety, or
(2) the State has not complied with one
or more of the requirements of Section
274 of the Act.
Pursuant to Section 274j. of the Act,
the Commission may, after notifying the
Governor, temporarily suspend all or
part of this Agreement without notice or
hearing if, in the judgment of the
Commission, an emergency situation
exists with respect to any material
covered by this agreement creating
danger which requires immediate action
to protect the health or safety of persons
either within or outside of the State and
the State has failed to take steps
necessary to contain or eliminate the
cause of danger within a reasonable
time after the situation arose. The
Commission shall periodically review
actions taken by the State under this
Agreement to ensure compliance with
Section 274 of the Act, which requires
a State program to be adequate to
protect the public health and safety with
respect to the materials covered by this
Agreement and to be compatible with
the Commission’s program.
ARTICLE IX
This Agreement shall become
effective on September 30, 2019, 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 9th day of September, 2019.
For the Nuclear Regulatory Commission.
/RA/
Kristine L. Svinicki,
Chairman.
Done at Montpelier, Vermont, in triplicate,
this 13th day of September, 2019.
For the State of Vermont. /RA/
Philip B. Scott,
Governor.
[FR Doc. 2019–20973 Filed 9–27–19; 8:45 am]
BILLING CODE 7590–01–P
DATES:
Effective September 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Nancy Chung, Office of Appellate
Operations, Social Security
Administration, 5107 Leesburg Pike,
Falls Church, VA 22041, (703) 605–
7100. For information on eligibility or
filing for benefits, call our national tollfree number, 1–800–772–1213 or TTY
1–800–325–0778, or visit our internet
site, Social Security Online, at https://
www.socialsecurity.gov.
We
published final rule, Rules of Conduct
and Standards of Responsibility for
Appointed Representatives, in the
Federal Register on July 2, 2018. (83 FR
30849). Among other changes, the final
rules reduced the amount of time to
request an Appeals Council review of a
hearing officer’s decision from 30 days
to 14 business days (§§ 404.1775 and
416.1575).1
We inadvertently failed to make
correlated and necessary, changes in the
sections describing when the Appeals
Council will dismiss such a request for
review of a hearing officer’s decision.
Specifically, paragraph (c) of sections
404.1795 and 416.1595 currently
reference the prior ‘‘30-day time period’’
instead of the new 14 business day time
period. This correction revises the
incorrect time period identified in
404.1795 and 416.1595 to match the
correct time period provided in
404.1775(b) and 416.1575(b).
SUPPLEMENTARY INFORMATION:
[Docket No. SSA–2013–0044]
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; and 96.004,
Social Security—Survivors Insurance)
RIN 0960–AH63
List of Subjects
Rules of Conduct and Standards of
Responsibility for Appointed
Representatives; Correction
20 CFR Part 404
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
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revising our rules of conduct and
standards of responsibility for
representatives. Those final rules
reduced the amount of time to request
Appeals Council review of a hearing
officer’s decision from 30 days to 14
business days, but we inadvertently
failed to make the same change in the
parallel sections of the CFR, which
details when the Appeals Council will
dismiss a request for review. This
document corrects the omitted sections
and makes our regulations consistent.
Social Security Administration.
Correcting amendments.
AGENCY:
ACTION:
On July 2, 2018, we published
final rules in the Federal Register
16:27 Sep 27, 2019
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20 CFR Part 416
Administrative practice and
procedure, Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI).
Andrew Saul,
Commissioner of Social Security.
Accordingly, 20 CFR part 404, subpart
R, and 20 CFR part 416, subpart O are
corrected by making the following
amendments:
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–)
Subpart R—Representation of Parties
1. The authority citation for subpart R
of part 404 continues to read as follows:
■
Authority: Secs. 205(a), 206, 702(a)(5), and
1127 of the Social Security Act (42 U.S.C.
405(a), 406, 902(a)(5), and 1320a–6).
2. Amend § 404.1795 by revising
paragraph (c) to read as follows:
■
§ 404.1795 When the Appeals Council will
dismiss a request for review.
*
*
*
*
*
(c) Request for review not timely filed.
The Appeals Council will dismiss a
request for review if a party failed to file
a request for review within the 14
business day time period set forth in
§ 404.1775(b) and the Appeals Council
does not extend the time for good cause.
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart O—Representation of Parties
3. The authority citation for subpart O
of part 416 continues to read as follows:
■
Authority: Secs. 702(a)(5), 1127, and
1631(d) of the Social Security Act (42 U.S.C.
902(a)(5), 1320a–6, and 1383(d)).
4. Amend § 416.1595 by revising
paragraph (c) to read as follows:
■
§ 416.1595 When the Appeals Council will
dismiss a request for review.
*
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors, and Disability
Insurance, Reporting and recordkeeping
requirements, Social Security.
*
*
*
*
(c) Request for review not timely filed.
The Appeals Council will dismiss a
request for review if a party failed to file
a request for review within the 14
business day time period set forth in
§ 416.1575(b) and the Appeals Council
does not extend the time for good cause.
[FR Doc. 2019–20446 Filed 9–27–19; 8:45 am]
SUMMARY:
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FR 30849, 30856, 30859 (2018).
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BILLING CODE 4191–02–P
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]]>Agencies
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51365-51367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20973]
========================================================================
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. 84, No. 189 / Monday, September 30, 2019 /
Rules and Regulations
[[Page 51365]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 150
[NRC-2019-0114]
State of Vermont: Discontinuance of Certain Commission Regulatory
Authority Within the State; Notice of Agreement Between the NRC and the
State of Vermont
AGENCY: Nuclear Regulatory Commission.
ACTION: Final State agreement.
-----------------------------------------------------------------------
SUMMARY: This notice is announcing that on September 9, 2019, Kristine
L. Svinicki, Chairman of the U.S. Nuclear Regulatory Commission (NRC or
Commission), and on September 13, 2019, Governor Philip B. Scott of the
State of Vermont, 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 Vermont assumes regulatory authority over 11e.(1),
11e.(3), and 11e.(4) byproduct materials, source materials, and special
nuclear materials in quantities not sufficient to form a critical mass.
As of the effective date of the Agreement, a person in Vermont
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, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0114 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-2019-0114. Address
questions about docket IDs 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 public document
room (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 Vermont, including all information
and documentation submitted in support of the request, and the NRC
staff assessment are: ML19109A085, ML19107A432, ML19114A092,
ML19140A393, ML19102A130, ML19161A133, and ML19192A115 (SECY-19-0085,
includes final staff assessment).
NRC's 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: Duncan White, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-2598; email:
[email protected].
SUPPLEMENTARY INFORMATION: The NRC published the proposed Agreement in
the FR for comment once each week for 4 consecutive weeks on June 25,
2019 (84 FR 29811), July 2, 2019 (84 FR 31518), July 9, 2019 (84 FR
32657), and July 16, 2019 (84 FR 33864), as required by the Act. The
comment period ended on July 25, 2019. One comment was received
supporting the Agreement. The NRC staff determined that the Vermont
Agreement State program is adequate to protect the public health and
safety and compatible with the NRC's program. The Vermont 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
Vermont, the supporting documentation submitted with the request for an
Agreement, and its interactions with the staff of the Vermont
Department of Health, the NRC staff completed an assessment of the
Vermont program. The agency made a copy of the staff assessment
available in the NRC's PDR and electronically on the NRC's website.
Based on the staff's assessment, the Commission determined on September
6, 2019, that the Vermont program for control of radiation hazards is
adequate to protect the 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 23rd day of September, 2019.
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 VERMONT FOR THE DISCONTINUANCE OF CERTAIN COMMISSION
REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO
SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
WHEREAS, The United States Nuclear Regulatory Commission
(hereinafter referred to as ``the Commission'') is authorized under
Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C.
Section 2011 et seq. (hereinafter referred to as ``the Act''), to enter
into agreements with the Governor of the State of Vermont (hereinafter
referred to as ``the State'') providing for discontinuance of the
regulatory authority of the Commission within the State under Chapters
6, 7, and 8, and Section 161 of the Act with respect to byproduct
materials as defined in Sections 11e.(1), (3), and (4) of the Act,
source materials,
[[Page 51366]]
and special nuclear materials in quantities not sufficient to form a
critical mass; and,
WHEREAS, The Governor of the State of Vermont is authorized under
VT. STAT. ANN. tit. 18, Sec. 1653 to enter into this Agreement with
the Commission; and,
WHEREAS, The Governor of the State of Vermont certified on April
11, 2019, that the State has a program for the control of radiation
hazards adequate to protect the public health and safety with respect
to the materials within the State covered by this Agreement, and that
the State desires to assume regulatory responsibility for such
materials; and,
WHEREAS, The Commission found on September 6, 2019, that the
program of the State of Vermont for the regulation of the materials
covered by this Agreement is compatible with the Commission's program
for the regulation of such materials and is adequate to protect the
public health and safety; and,
WHEREAS, The State of Vermont and the Commission recognize the
desirability and importance of cooperation between the Commission and
the State in the formulation of standards for protection against
hazards of radiation and in assuring that State and Commission programs
for protection against hazards of radiation will be coordinated and
compatible; and,
WHEREAS, The Commission and the State of Vermont recognize the
desirability of the reciprocal recognition of licenses, and of the
granting of limited exemptions from licensing of those materials
subject to this Agreement; and,
WHEREAS, This Agreement is entered into pursuant to the provisions
of the Act;
NOW, THEREFORE, It is hereby agreed between the Commission and the
Governor of Vermont acting on behalf of the State as follows:
ARTICLE I
Subject to the exceptions provided in Articles II, IV, and V, the
Commission shall discontinue, as of the effective date of this
Agreement, the regulatory authority of the Commission in the State
under Chapters 6, 7 and 8, and Section 161 of the Act with respect to
the following materials:
1. Byproduct material as defined in Section 11e.(1) of the Act;
2. Byproduct material as defined in Section 11e.(3) of the Act;
3. Byproduct materials as defined in Section 11e.(4) of the Act;
4. Source materials; and
5. Special nuclear materials, in quantities not sufficient to form
a critical mass.
ARTICLE II
This Agreement does not provide for the discontinuance of any
authority, and the Commission shall retain authority and
responsibility, with respect to:
A. The regulation of byproduct material as defined in Section
11e.(2) of the Act;
B. The regulation of the land disposal of byproduct, source, or
special nuclear material received from other persons;
C. The evaluation of radiation safety information on sealed sources
or devices containing byproduct, source, or special nuclear material
and the registration of the sealed sources or devices for distribution,
as provided for in regulations or orders of the Commission;
D. The regulation of the construction, operation, and
decommissioning of any production or utilization facility or any
uranium enrichment facility;
E. The regulation of the export from or import into the United
States of byproduct, source, or special nuclear material, or of any
production or utilization facility;
F. The regulation of the disposal into the ocean or sea of
byproduct, source, or special nuclear material waste as defined in
regulations or orders of the Commission;
G. The regulation of the disposal of such other byproduct, source,
or special nuclear material as the Commission determines by regulation
or order should, because of the hazards or potential hazards thereof,
not be so disposed without a license from the Commission; and
H. The regulation of activities not exempt from Commission
regulation as stated in 10 CFR part 150.
ARTICLE III
With the exception of those activities identified in Article II,
paragraphs D. through H., this Agreement may be amended, upon
application by the State and approval by the Commission to include one
or more of the additional activities specified in Article II,
paragraphs A. through C., whereby the State may then exert regulatory
authority and responsibility with respect to those activities.
ARTICLE IV
Notwithstanding this Agreement, the Commission may from time to
time by rule, regulation, or order, require that the manufacturer,
processor, or producer of any equipment, device, commodity, or other
product containing source, byproduct, or special nuclear material shall
not transfer possession or control of such product except pursuant to a
license or an exemption for licensing issued by the Commission.
ARTICLE V
This Agreement shall not affect the authority of the Commission
under Subsection 161b. or 161i. of the Act to issue rules, regulations,
or orders to promote the common defense and security, to protect
restricted data, or to guard against the loss or diversion of 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 the hazards of radiation and to
assure that the State's program will continue to be compatible with the
program of the Commission for the regulation of materials covered by
this Agreement.
The State and the Commission agree to keep each other informed of
proposed changes in their respective rules and regulations and to
provide each other the opportunity for early and substantive
contribution to the proposed changes.
The State and the Commission agree to keep each other informed of
events, accidents, and licensee performance that may have generic
implication or otherwise be of regulatory interest.
ARTICLE VII
The Commission and the State agree that it is desirable to provide
reciprocal recognition of licenses for the materials listed in Article
I licensed by the other party or by any other Agreement State.
Accordingly, the Commission and the State agree to develop appropriate
rules, regulations, and procedures by which reciprocity will be
accorded.
ARTICLE VIII
The Commission, upon its own initiative after reasonable notice and
opportunity for hearing to the State or upon request of the Governor of
Vermont, may terminate or suspend all or part of this Agreement and
reassert the licensing and regulatory authority vested in it under the
Act, if the
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Commission finds that (1) such termination or suspension is required to
protect the public health and safety, or (2) the State has not complied
with one or more of the requirements of Section 274 of the Act.
Pursuant to Section 274j. of the Act, the Commission may, after
notifying the Governor, temporarily suspend all or part of this
Agreement without notice or hearing if, in the judgment of the
Commission, an emergency situation exists with respect to any material
covered by this agreement creating danger which requires immediate
action to protect the health or safety of persons either within or
outside of the State and the State has failed to take steps necessary
to contain or eliminate the cause of danger within a reasonable time
after the situation arose. The Commission shall periodically review
actions taken by the State under this Agreement to ensure compliance
with Section 274 of the Act, which requires a State program to be
adequate to protect the public health and safety with respect to the
materials covered by this Agreement and to be compatible with the
Commission's program.
ARTICLE IX
This Agreement shall become effective on September 30, 2019, 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 9th day of
September, 2019.
For the Nuclear Regulatory Commission. /RA/
Kristine L. Svinicki,
Chairman.
Done at Montpelier, Vermont, in triplicate, this 13th day of
September, 2019.
For the State of Vermont. /RA/
Philip B. Scott,
Governor.
[FR Doc. 2019-20973 Filed 9-27-19; 8:45 am]
BILLING CODE 7590-01-P
