NRC Policy Statement

Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
0008, 1 item, 1 temporary item). Records
related to technical inspection of
products.
5. Department of Defense, Defense
Logistics Agency (DAA–0361–2017–
0010, 1 item, 1 temporary item). Records
related to inventory management.
6. Department of Defense, Defense
Logistics Agency (DAA–0361–2017–
0011, 2 items, 2 temporary items).
Master files and outputs of an electronic
information system used to manage
energy-related products.
7. Environmental Protection Agency,
Agency-wide (DAA–0412–2017–0003, 1
item, 1 temporary item). Electronic
copies of email records dated prior to
2007.
8. Federal Maritime Commission,
Office of Consumer Affairs and Dispute
Resolution Services (DAA–0358–2017–
0004, 5 items, 5 temporary items).
Records related to dispute resolution
case files.
9. Office of Personnel Management,
Retirement Services (DAA–0478–2017–
0001, 2 items, 1 temporary item).
Records related to retirement case files.
Proposed for permanent retention are
case files of high profile individuals.
10. Office of Personnel Management,
Agency-wide (DAA–0478–2017–0008, 4
items, 4 temporary items). Records of
the Voting Rights Program, including
guidance, procedures, personnel and
travel records, observer reports, and
training records.
11. Securities and Exchange
Commission, Agency-wide (DAA–0266–
2017–0002, 1 item, 1 temporary item).
Electronic data copied or downloaded
from electronic information systems
maintained in data marts and data
warehouses.
Laurence Brewer,
Chief Records Officer for the U.S.
Government.
[FR Doc. 2017–22543 Filed 10–17–17; 8:45 am]
BILLING CODE 7515–01–P

Agreement State Program Policy
Statement; Correction
Nuclear Regulatory
Commission.
ACTION: Revision to policy statement;
correction.

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AGENCY:

The correction is effective
October 18, 2017.

Attachment

DATES:

Please refer to Docket ID
NRC–2016–0094 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 Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2016–0094. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@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 publiclyavailable documents online in the
ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please 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 number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You 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.
ADDRESSES:

Jkt 244001

In the FR
on October 6, 2017, in FR Doc. 2017–
21542, please add the Agreement State
Program Policy statement.
The text of the Agreement State
Program Policy statement is attached.

SUPPLEMENTARY INFORMATION:

The U.S. Nuclear Regulatory
Commission (NRC) is correcting a notice
that was published in the Federal
Register (FR) on October 6, 2017,
regarding consolidation of two policy

SUMMARY:

17:50 Oct 17, 2017

For the Nuclear Regulatory Commission.
Helen Chang,
Acting Branch Chief, Rules, Announcements
and Directives Branch, Division of
Administrative Services, Office of
Administration.

Lance Rakovan, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2589, email: Lance.Rakovan@
nrc.gov.

[NRC–2016–0094]

VerDate Sep<11>2014

statements on the NRC’s Agreement
State programs. This action is necessary
to provide the policy statement revision
which was inadvertently left out of the
previously published FRN.

FOR FURTHER INFORMATION CONTACT:

NUCLEAR REGULATORY
COMMISSION

48535

Dated at Rockville, Maryland, this 12th day
of October 2017.

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Agreement State Program Policy Statement
A. Purpose
The purpose of this policy statement for
the Agreement State Program is to describe
the respective roles and responsibilities of
the U.S. Nuclear Regulatory Commission
(NRC) and Agreement States in the
administration of programs carried out under
Section 274 of the Atomic Energy Act of
1954, as amended (AEA).1 Section 274
provides broad authority for the NRC to
establish a unique Federal and State
relationship in the administration of
regulatory programs for the protection of
public health and safety in the industrial,
medical, commercial, and research uses of
agreement material. This policy statement
supersedes the September 1997 ‘‘Policy
Statement on Adequacy and Compatibility of
Agreement State Programs’’ and ‘‘Statement
of Principles and Policy for the Agreement
State Program.’’
This policy statement addresses the
Federal-State interaction under the AEA to
(1) establish and maintain agreements with
States under Subsection 274b. that provide
for discontinuance by the NRC, and the
assumption by the State, of responsibility for
administration of a regulatory program for
the safe use of agreement material; (2) ensure
that post-agreement interactions between the
NRC and Agreement State radiation control
programs are coordinated; and (3) ensure
Agreement States provide adequate
protection of public health and safety and
maintain programs that are compatible with
the NRC’s regulatory program.
Although not defined in the AEA, the
National Materials Program (NMP) is a term
used to describe the broad collective effort
within which both the NRC and the
Agreement States function in carrying out
their respective regulatory programs for
agreement material. The vision of the NMP
is to provide a coherent national system for
the regulation of agreement material with the
goal of protecting public health and safety
through compatible regulatory programs.
Through the NMP, the NRC and Agreement
States function as regulatory partners.
B. Background
This policy statement is intended solely as
guidance for the NRC and the Agreement
States in the implementation of the
Agreement State Program. This policy
statement does not itself impose legally
binding requirements on the Agreement
States. In addition, nothing in this policy
1 Subsection 274b. of the AEA authorizes the NRC
to enter into an agreement by which the NRC
discontinues and the State assumes regulatory
authority over some or all of these materials. The
material over which the State receives regulatory
authority under such agreement is termed
‘‘agreement material.’’

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statement expands the legal authority of
Agreement States beyond that already
granted to them by Section 274 of the AEA
and other relevant legal authority; nor does
this policy statement diminish or constrain
the NRC’s authority under the AEA.
Implementation procedures adopted
pursuant to this policy statement shall be
consistent with the legal authorities of the
NRC and the Agreement States.
This policy statement presents the NRC’s
policy for determining the adequacy and
compatibility of Agreement State programs.
This policy statement clarifies the meaning
and use of the terms ‘‘adequate to protect
public health and safety’’ and ‘‘compatible
with the NRC’s regulatory program’’ as
applied to Agreement State programs. The
terms ‘‘adequate’’ and ‘‘compatible’’
represent fundamental concepts in the
Agreement State programs authorized in
1959 by Section 274 of the AEA. Subsection
274d. states that the NRC shall enter into an
Agreement under Subsection 274b. that
discontinues the NRC’s regulatory authority
over specified AEA radioactive materials and
activities within a State, provided that the
State’s program is adequate to protect public
health and safety and is compatible with the
NRC’s regulatory program. Subsection 274g.
authorizes and directs the NRC to cooperate
with States in the formulation of standards to
assure that State and NRC programs for
protection against hazards of radiation will
be coordinated and compatible. Subsection
274j.(1) requires the NRC to periodically
review the Agreements and actions taken by
States under the Agreements to ensure
compliance with the provisions of Section
274.
The NRC and Agreement State radiation
control programs maintain regulatory
authority for the safe and secure handling,
use, and storage of agreement material. These
programs have always included the security
of agreement material as an integral part of
their health and safety mission as it relates
to controlling and minimizing the risk of
exposure to workers and the public.
Following the events of September 11, 2001,
the NRC and Agreement States developed
and implemented enhanced security
measures. For the purposes of this policy
statement, public health and safety includes
the physical protection of agreement
material.
C. Statement of Legislative Intent
In 1954, the AEA did not initially specify
a role for the States in regulating the use of
nuclear material. Many States were
concerned as to what their responsibilities in
this area might be and expressed interest in
clearly defining the boundaries of Federal
and State authority over nuclear material.
This need for clarification was particularly
important in view of the fact that although
the Federal Government retained sole
responsibility for protecting public health
and safety from the radiation hazards of AEA
radioactive materials—defined as byproduct,
source, and special nuclear material—the
States maintained the responsibility for
protecting the public from the radiation
hazards of other sources such as x-ray
machines and naturally occurring radioactive
material.

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Consequently, in 1959, Congress enacted
Section 274 of the AEA to establish a
statutory framework under which States
could assume, and the NRC could
discontinue, regulatory authority over
byproduct, source, and small quantities of
special nuclear material insufficient to form
a critical mass. The NRC continued to retain
regulatory authority over the licensing of
certain facilities and activities, including
nuclear reactors, quantities of special nuclear
material sufficient to form a critical mass, the
export and import of nuclear materials, and
matters related to common defense and
security.
The legislation did not authorize a
wholesale, immediate relinquishment or
abdication by the Commission 2 of its
regulatory responsibilities but only a gradual,
carefully considered turnover. Congress
recognized that the Federal Government
would need to assist the States to ensure that
they developed the capability to exercise
their regulatory authority in a competent and
effective manner. Accordingly, the legislation
authorized the NRC to provide training, with
or without charge, and other services to State
officials and employees as the Commission
deems appropriate. However, in rendering
this assistance, Congress did not intend that
the NRC would provide any grants to a State
for the administration of a State regulatory
program. This was fully consistent with the
objectives of Section 274 to qualify States to
assume independent regulatory authority
over certain defined areas under their
Agreement and to permit the NRC to
discontinue its regulatory responsibilities in
those areas.
In order to discontinue its authority, the
NRC must find that the State program is
adequate to protect public health and safety
and compatible with the NRC program for the
regulation of agreement material. In addition,
the NRC has an obligation, pursuant to
Subsection 274j. of the AEA, to periodically
review existing Agreement State programs to
ensure continued adequacy and
compatibility. Subsection 274j. of the AEA
provides that the NRC may terminate or
suspend all or part of its agreement with a
State if the NRC finds that such termination
is necessary to protect public health and
safety or that the State has not complied with
the provisions of Subsection 274j. In these
cases, the NRC must offer the State
reasonable notice and opportunity for a
hearing. In cases where the State has
requested termination of the agreement,
notice and opportunity for a hearing are not
necessary. In addition, the NRC may
temporarily suspend all or part of an
agreement in the case of an emergency
situation.
D. Program Implementation
1. Implementation of the Agreement State
Program is described below and includes (a)
Principles of Good Regulation; (b)
performance evaluation on a consistent and
systematic basis; (c) the responsibility to
2 For the purposes of this policy statement,
‘‘Commission’’ means the five member Commission
or a quorum thereof sitting as a body, as provided
by Section 201 of the Energy Reorganization Act of
1974 (42 U.S.C. 5841).

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ensure adequate protection of public health
and safety, including physical protection of
agreement material; (d) compatibility in areas
of national interest; and (e) sufficient
flexibility in program implementation and
administration to accommodate individual
State needs.
i. Principles of Good Regulation
In 1991, the Commission adopted the
‘‘Principles of Good Regulation’’ to serve as
a guide to both agency decision making and
the individual behavior of NRC employees.
There are five Principles of Good Regulation:
Independence, openness, efficiency, clarity,
and reliability. Adherence to these principles
has helped to ensure that the NRC’s
regulatory activities have been of the highest
quality and are appropriate and consistent.
The ‘‘Principles of Good Regulation’’
recognize that strong, vigilant management
and a desire to improve performance are
prerequisites for success, for both regulators
and the regulated industry. The NRC’s
implementation of these principles has
served the public, the Agreement States, and
the regulated community well. Such
principles are useful as a part of a common
culture of the NMP that the NRC and the
Agreement States share as co-regulators.
Accordingly, the NRC encourages each
Agreement State to adopt a similar set of
principles for use in its own regulatory
program. These principles should be
incorporated into the day-to-day operational
fabric of the NMP.
ii. Performance Evaluation
To ensure that Agreement State programs
continue to provide adequate protection of
public health and safety and are compatible
with the NRC’s regulatory program, periodic
program evaluation is needed. The NRC, in
cooperation with the Agreement States,
established and implemented the Integrated
Materials Performance Evaluation Program
(IMPEP). The IMPEP is a performance
evaluation process that provides the NRC and
Agreement State management with
systematic and integrated evaluations of the
strengths and weaknesses of their respective
radiation control programs and identification
of areas needing improvement.
iii. Adequate to Protect Public Health and
Safety
The NRC and the Agreement States have
the responsibility to ensure adequate
protection of public health and safety in the
administration of their respective regulatory
programs, including physical protection of
agreement material. Accordingly, the NRC
and Agreement State programs shall possess
the requisite supporting legislative authority,
implementing organization structure and
procedures, and financial and human
resources to effectively administer a radiation
control program that ensures adequate
protection of public health and safety.
iv. Compatible in Areas of National Interest
The NRC and the Agreement States have
the responsibility to ensure that the radiation
control programs are compatible. Such
radiation control programs should be based
on a common regulatory philosophy
including the common use of definitions and
standards. The programs should be effective

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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
and cooperatively implemented by the NRC
and the Agreement States and also should
provide uniformity and achieve common
strategic outcomes in program areas of
national significance.
Such areas include aspects of licensing,
inspection and enforcement, response to
incidents and allegations, and safety reviews
for the manufacture and distribution of
sealed sources and devices. Furthermore,
communication using a nationally accepted
set of terms with common understanding,
ensuring an adequate level of protection of
public health and safety that is consistent
and stable across the nation, and evaluation
of the effectiveness of the NRC and
Agreement State programs for the regulation
of agreement material with respect to
protection of public health and safety are
essential to maintaining the NMP.
v. Flexibility
With the exception of those compatibility
areas where programs should be essentially
identical, Agreement State radiation control
programs have flexibility in program
implementation and administration to
accommodate individual State preferences,
State legislative direction, and local needs
and conditions. A State has the flexibility to
design its own program, including
incorporating more stringent, or similar,
requirements provided that the requirements
for adequate protection of public health and
safety are met and compatibility is
maintained. However, the exercise of such
flexibility should not preclude a practice
authorized by the AEA, and in the national
interest.
2. New Agreements
Section 274 of the AEA requires that once
a decision to request Agreement State status
is made by the State, the Governor of that
State must certify to the NRC that the State
desires to assume regulatory responsibility
and has a program for the control of radiation
hazards adequate to protect public health and
safety with respect to the materials within
the State that would be covered by the
proposed agreement. This certification will
be provided in a letter to the NRC that
includes supporting documentation. This
documentation includes the State’s enabling
legislation; the radiation control regulations;
the radiation control program staffing plan; a
narrative description of the State program’s
policies, practices, and procedures; and a
proposed agreement.
The NRC’s policy statement, ‘‘Criteria for
Guidance of States and NRC in
Discontinuance of NRC Regulatory Authority
and Assumption Thereof by States Through
Agreement’’ (46 FR 7540, January 23, 1981;
as amended by policy statements published
at 46 FR 36969, July 16, 1981; and 48 FR
33376, July 21, 1983), describes the required
content of these documents. The NRC
reviews the request and publishes notice of
the proposed agreement in the Federal
Register to provide an opportunity for public
comment. After consideration of public
comments, if the NRC determines that the
proposed State program is adequate for
protection of public health and safety and
compatible with the NRC’s regulatory
program, the Governor and Chairman of the
NRC sign the agreement.

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3. Program Assistance
The NRC will offer training and other
assistance to States, such as assistance in
developing regulations and program
descriptions to help individual States
prepare their request for entering into an
Agreement and to help them prior to the
assumption of regulatory authority.
Following approval of the agreement and
assumption of regulatory authority by a new
Agreement State, to the extent permitted by
resources, the NRC may provide training and
offer other assistance (such as review of
proposed regulatory changes to help
Agreement States administer their regulatory
responsibilities). Nevertheless, it is the
responsibility of each Agreement State to
ensure that it has a sufficient number of
qualified staff to implement its program. If
the NRC is unable to provide the training, the
Agreement State will need to do so.
The NRC may also use its best efforts to
provide specialized technical assistance to
Agreement States to address unique or
complex licensing, inspection, incident
response, and limited enforcement issues. In
areas where Agreement States have particular
expertise or are in the best position to
provide immediate assistance to the NRC or
other Agreement States, they are encouraged
to do so. In addition, the NRC and Agreement
States will keep each other informed about
relevant aspects of their programs.
If an Agreement State experiences
difficulty in implementing its program, the
NRC will, to the extent possible, assist the
State in maintaining the effectiveness of its
radiation control program. Under certain
conditions, an Agreement State can also
voluntarily return all or part of its Agreement
State program.
4. Performance Evaluation
Under Section 274 of the AEA, the NRC
retains oversight authority for ensuring that
Agreement State programs provide adequate
protection of public health and safety and are
compatible with the NRC’s regulatory
program. In fulfilling this statutory
responsibility, the NRC will determine
whether the Agreement State programs are
adequate and compatible prior to entrance
into a Subsection 274b. agreement and will
periodically review the program to ensure it
continues to be adequate and compatible
after an agreement becomes effective.
To fulfill this responsibility, the NRC, in
cooperation with the Agreement States,
established and implemented the IMPEP. As
described in Management Directive 5.6
‘‘Integrated Materials Performance Evaluation
Program (IMPEP),’’ IMPEP is a performance
evaluation process that provides the NRC and
Agreement States with systematic, integrated,
and reliable evaluations of the strengths and
weaknesses of their respective radiation
control programs and identification of areas
needing improvement. The same criteria are
used to evaluate and ensure that regulatory
programs are adequate to protect public
health and safety and that Agreement State
programs are compatible with the NRC’s
program. The IMPEP process employs a
Management Review Board (MRB),
comprised of senior NRC staff members to
make a determination of program adequacy

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and compatibility. An MRB also includes an
Agreement State liaison, provided by the
Organization of Agreement States (OAS), as
a non-voting member.
As a part of the performance evaluation
process, the NRC will take necessary actions
to help ensure that Agreement State radiation
control programs remain adequate and
compatible. These actions may include more
frequent IMPEP reviews of Agreement State
programs and providing assistance to help
address weaknesses or areas needing
improvement within an Agreement State
program. Monitoring, heightened oversight,
probation, suspension, or termination of an
agreement may be applied for certain
program deficiencies or emergencies (e.g. loss
of funding, natural or man-made events,
pandemic). The NRC’s actions in addressing
program deficiencies or emergencies will be
implemented through a well-defined process
that is consistently and fairly applied.
5. Program Funding and Training
Section 274 of the AEA permits the NRC
to offer training and other assistance to a
State in anticipation of entering into an
Agreement with the NRC. Section 274 of the
AEA does not allow Federal funding for the
administration of Agreement State radiation
control programs. Given the importance to
public health and safety of having well
trained radiation control program personnel,
the NRC may offer certain relevant training
courses and notify Agreement State
personnel of their availability. These training
programs also help to ensure compatible
approaches to licensing and inspection and
thereby strengthen the NMP.
6. Regulatory Development
The NRC and Agreement States will
cooperate in the development of both new
and revised regulations and policies.
Agreement States will have early and
substantive involvement in the development
of regulations affecting protection of public
health and safety and of policies and
guidance documents affecting administration
of the Agreement State program. The NRC
and Agreement States will keep each other
informed about their individual regulatory
requirements (e.g., regulations, orders, or
license conditions) and the effectiveness of
those regulatory requirements so that each
has the opportunity to make use of proven
regulatory approaches to further the effective
and efficient use of resources. In order to
avoid conflicts, duplications, gaps, or other
conditions that would jeopardize an orderly
pattern in the regulation of agreement
material on a nationwide basis, Agreement
States should inform the NRC of, and provide
the opportunity to review and comment on,
proposed changes in regulations and
significant changes to Agreement State
programs, policies, and regulatory guidance.
Two national organizations composed of
State radiation control program personnel
facilitate participation and involvement with
the development of regulations, guidance,
and policy. The OAS provides a forum for
Agreement States to work with each other
and with the NRC on regulatory issues,
including centralized communication on
radiation protection matters between the
Agreement States and the NRC. The

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Conference of Radiation Control Program
Directors, Inc. (CRCPD) assists its members in
their efforts to protect the public, radiation
workers, and patients from unnecessary
radiation exposure. One product of the
CRCPD is the Suggested State Regulations for
use by its members. The NRC reviews
Suggested State Regulations for
compatibility.
E. Adequacy and Compatibility
In accordance with Section 274 of the
AEA, any State that chooses to establish an
Agreement State program must provide for an
acceptable level of protection of public
health and safety. This is the ‘‘adequacy’’
component. The Agreement State must also
ensure that its program supports an overall
nationwide program in radiation protection.
This is the ‘‘compatibility’’ component.
By adopting the criteria for adequacy and
compatibility as discussed in this policy
statement, the NRC provides a broad range of
flexibility in the administration of individual
Agreement State programs. Recognizing the
fact that Agreement States have
responsibilities for radiation sources other
than agreement material, the NRC allows
Agreement States to fashion their programs to
reflect specific State needs and preferences.
The NRC will minimize the number of
NRC regulatory requirements that the
Agreement States will be requested to adopt
in an identical manner to maintain
compatibility. At the same time,
requirements in these compatibility
categories allow the NRC to ensure that an
orderly pattern for the regulation of
agreement material exists nationwide. The
NRC believes that this approach achieves a
proper balance between the need for
Agreement State flexibility and the need for
an NMP that is coherent and compatible in
the regulation of agreement material across
the country.
Program elements 3 for adequacy focus on
the protection of public health and safety
within a particular Agreement State, while
program elements for compatibility focus on
the impacts of an Agreement State’s
regulation of agreement material on a
nationwide basis or its potential effects on
other jurisdictions. Some program elements
for compatibility may also impact public
health and safety; therefore, they may also be
considered program elements for adequacy.
In identifying those program elements for
adequate and compatible programs, or any
changes thereto, the NRC staff will
coordinate with the Agreement States.
1. Adequacy
An ‘‘adequate’’ program includes those
program elements of a radiation control
regulatory program necessary to maintain an
acceptable level of protection of public
health and safety within an Agreement State.
An Agreement State’s radiation control
program is adequate to protect public health
and safety if administration of the program
3 For the purposes of this policy statement,
‘‘program element’’ means any component or
function of a radiation control regulatory program,
including regulations and other legally binding
requirements imposed on regulated persons, which
contributes to implementation of that program.

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provides reasonable assurance of protection
of public health and safety in regulating the
use of agreement material. The level of
protection afforded by the program elements
of the NRC’s materials regulatory program is
presumed to be adequate to provide for
reasonable assurance of protection of public
health and safety. Therefore, the overall level
of protection of public health and safety
provided by a State program should be
equivalent to, or in some cases can be greater
than, the level provided by the NRC program.
To provide reasonable assurance of
protection of public health and safety, an
Agreement State program should contain the
five essential program elements, identified in
items i. through v. of this section, that the
NRC and Agreement States will use to define
the scope of the program. The NRC and
Agreement States will also consider, when
appropriate, other program elements of an
Agreement State that appear to affect the
program’s ability to provide reasonable
assurance of the protection of public health
and safety.
On the basis of this policy statement, NRC
program elements (including regulations) can
be placed into five compatibility categories
(A, B, C, D, and NRC). In addition, NRC
program elements can also be identified as
having particular health and safety
significance (H&S). These six categories (A,
B, C, D, NRC, and H&S) form the basis for
evaluating and classifying NRC program
elements.
i. Legislation and Legal Authority
Agreement State statutes shall: (a)
Authorize the State to establish a program for
the regulation of agreement material and
provide authority for the assumption of
regulatory responsibility under an Agreement
with the NRC; (b) authorize the State to
promulgate regulatory requirements
necessary to provide reasonable assurance of
protection of public health and safety; (c)
authorize the State to license, inspect, and
enforce legally binding requirements such as
regulations and licenses; and (d) be otherwise
compatible with applicable Federal statutes.
In addition, the State should have existing
legally enforceable measures such as
generally applicable rules, orders, license
conditions, or other appropriate measures,
necessary to allow the State to ensure
adequate protection of public health and
safety in the regulation of agreement material
in the State. Specifically, Agreement States
should adopt legally binding requirements
based on those identified by the NRC because
of their particular health and safety
significance. In adopting such requirements,
Agreement States shall implement the
essential objectives articulated in the NRC
requirements.
ii. Licensing
The Agreement State shall conduct
appropriate evaluations of proposed uses of
agreement material, before issuing a license
to authorize such use, to ensure that the
proposed licensee’s need and proposed uses
of agreement material are in accordance with
the AEA and that operations can be
conducted safely. Licenses shall provide for
reasonable assurance of public health and
safety protection in the conduct of licensed
activities.

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iii. Inspection and Enforcement
The Agreement State shall periodically
conduct inspections of licensed activities
involving agreement material to provide
reasonable assurance of safe licensee
operations and to determine compliance with
its regulatory requirements. When
determined to be necessary by the State, the
State should take timely enforcement action
through legal sanctions authorized by State
statutes and regulations.
iv. Personnel
The Agreement State shall be staffed with
a sufficient number of qualified personnel to
implement its regulatory program for the
control of agreement material.
v. Incidents and Allegations
The Agreement State shall respond to and
conduct timely inspections or investigations
of incidents, reported events, and allegations
involving agreement material within the
State’s jurisdiction to provide reasonable
assurance of protection of public health and
safety.
2. Compatibility
A ‘‘compatible’’ program consists of those
program elements necessary to sustain an
orderly pattern of regulation of agreement
material. An Agreement State has the
flexibility to adopt and implement program
elements within the State’s jurisdiction (i.e.,
those items that are not areas of exclusive
NRC regulatory authority) that are not
addressed by the NRC, or program elements
not required for compatibility (i.e., those
NRC program elements not assigned to
Category A, B, or C). However, such program
elements of an Agreement State relating to
agreement material shall (1) be compatible
with those of the NRC (i.e., should not create
conflicts, duplications, gaps, or other
conditions that would jeopardize an orderly
pattern in the regulation of agreement
material on a nationwide basis); (2) not
preclude a practice authorized by the AEA
and in the national interest; and (3) not
preclude the ability of the NRC to evaluate
the effectiveness of Agreement State
programs for agreement material with respect
to protection of public health and safety. For
purposes of compatibility, the State shall
adopt program elements assigned
Compatibility Categories A, B, and C.
i. Category A—Basic Radiation Protection
Standards
This category includes basic radiation
protection standards that encompass dose
limits, concentration, and release limits
related to radiation protection in Part 20 of
Title 10 of the Code of Federal Regulations
(10 CFR), that are generally applicable, and
the dose limits for land disposal of
radioactive waste in 10 CFR 61.41.4 Also
4 The NRC will implement this category
consistent with its earlier decision in the low-level
waste area to allow Agreement States the flexibility
to establish pre-closure operational release limit
objectives, as low as is reasonably achievable goals,
or design objectives at such levels as the State may
deem necessary or appropriate, as long as the level
of protection of public health and safety is
essentially identical to that afforded by NRC
requirements.

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ethrower on DSK3G9T082PROD with NOTICES

Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
included in this category are a limited
number of definitions, signs, labels, and
scientific terms that are necessary for a
common understanding of radiation
protection principles among licensees,
regulatory agencies, and members of the
public. Such State standards should be
essentially identical to those of the NRC,
unless Federal statutes provide the State
authority to adopt different standards. Basic
radiation protection standards do not include
constraints or other limits below the level
associated with ‘‘adequate protection’’ that
take into account considerations such as
economic cost and other factors.
ii. Category B—Cross Jurisdictional Program
Elements
This category pertains to a limited number
of program elements that cross jurisdictional
boundaries and that should be addressed to
ensure uniformity of regulation on a
nationwide basis. Some examples include
sealed source and device registration
certificates, transportation regulations,
radiography certification, access
authorization, and security plan
requirements. Agreement State program
elements shall be essentially identical to
those of the NRC. Because program elements
used in the Agreement State Program are
necessary to maintain an acceptable level of
protection of public health and safety,
economic factors 5 shall not be considered.
iii. Category C—Other NRC Program
Elements
This category includes NRC program
elements that are important for an Agreement
State to implement in order to avoid
conflicts, duplications, gaps, or other
conditions that would jeopardize an orderly
pattern in the regulation of agreement
material on a nationwide basis. Such
Agreement State program elements shall
embody the essential objective of the
corresponding NRC program elements.
Agreement State program elements may be
more restrictive than NRC program elements;
however, they should not be so restrictive as
to prohibit a practice authorized by the AEA
and in the national interest without an
adequate public health and safety or
environmental basis related to radiation
protection.
iv. Category D—Program Elements Not
Required for Compatibility
This category pertains to program elements
that do not meet any of the criteria listed in
Compatibility Category A, B, or C above and
are not required to be adopted for purposes
of compatibility.
v. Category NRC—Areas of Exclusive NRC
Regulatory Authority
This category consists of program elements
over which the NRC cannot discontinue its
regulatory authority pursuant to the AEA or
provisions of 10 CFR. However, an
Agreement State may inform its licensees of
these NRC requirements through an
5 For the purposes of this policy statement,
economic factors are those costs incurred by the
regulated community to comply with regulations
that impact more than one regulatory jurisdiction in
the NMP.

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17:50 Oct 17, 2017

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appropriate mechanism under the State’s
administrative procedure laws, as long as the
State adopts these provisions solely for the
purposes of notification, and does not
exercise any regulatory authority as a result.
F. Conclusion
The NRC and Agreement States will
continue to jointly assess the NRC and
Agreement State programs for the regulation
of agreement material to identify specific
changes that should be considered based on
experience or to further improve overall
safety, performance, compatibility, and
effectiveness.
The NRC encourages Agreement States to
adopt and implement program elements that
are patterned after those adopted and
implemented by the NRC to foster and
enhance an NMP that establishes a coherent
and compatible nationwide program for the
regulation of agreement material.
[FR Doc. 2017–22514 Filed 10–17–17; 8:45 am]
BILLING CODE 7590–01–P

NUCLEAR REGULATORY
COMMISSION
[NRC–2017–0173]

Information Collection: Domestic
Licensing of Production and Utilization
Facilities
Nuclear Regulatory
Commission.
ACTION: Renewal of existing information
collection; request for comment.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) invites public
comment on the renewal of Office of
Management and Budget (OMB)
approval for an existing collection of
information. The information collection
is entitled, ‘‘Domestic Licensing of
Production and Utilization Facilities.’’
DATES: Submit comments by December
18, 2017. Comments received after this
date will be considered if it is practical
to do so, but the Commission is able to
ensure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2017–0173. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: David Cullison,
Office of the Chief Information Officer,
Mail Stop: T–2 F43, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUMMARY:

PO 00000

Frm 00064

Fmt 4703

Sfmt 4703

48539

For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:

David Cullison, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: INFOCOLLECTS.Resource@
nrc.gov.
SUPPLEMENTARY INFORMATION:

I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2017–
0173 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2017–0173.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
http://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please 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
seven supporting statements associated
with the part 50 information collections
and the burden table are available in
ADAMS under Accession Nos.
ML17207A259, ML17201K067,
ML17201K126, ML17201K169,
ML17201J977, ML17201K214,
ML17201K024, and ML17283A044,
respectively.
• NRC’s PDR: You 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.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
INFOCOLLECTS.Resource@nrc.gov.

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