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Termination of Section 274i Agreement Between the State of Louisiana and the Nuclear Regulatory Commission
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[Federal Register: January 19, 2001 (Volume 66, Number 13)]
[Rules and Regulations]
[Page 5441-5443]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja01-2]
[[Page 5441]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 150
RIN 3150-AG60
Termination of Section 274i Agreement Between the State of
Louisiana and the Nuclear Regulatory Commission
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is revising its
regulations to remove the reference to an inspection agreement,
referred to as the 274i Agreement, with the State of Louisiana. The
inspection agreement entered into pursuant to section 274i of the
Atomic Energy Act allowed the State of Louisiana to perform inspections
or other functions in offshore waters adjacent to Louisiana on behalf
of the NRC. This reference is located in the reciprocity regulations in
10 CFR 150.20. Under section 150.20(c), certain general licensees are
not required to file with the NRC if the licensee provides timely
notification of its offshore activities to the Agreement State that
issued the specific license, and that State is listed in 150.20(d) as
agreeing to perform inspections for NRC under a 274i agreement.
Louisiana is the only Agreement State listed in the regulation. This
action responds to a request from the Governor of Louisiana to
terminate the agreement. The NRC agreed that the 274i inspection
agreement is no longer needed and should be terminated. Therefore, the
NRC is revising the regulations by deleting 150.20 (c) and (d) in their
entirety. In the event NRC enters into a 274i inspection agreement with
an Agreement State in the future, the provisions of 150.20(c) and (d),
which were promulgated following notice and comment rulemaking, will be
reinstated via direct final rulemaking.
DATES: The final rule is effective January 19, 2001.
FOR FURTHER INFORMATION CONTACT: Stephanie P. Bush-Goddard, Ph.D.,
Office of Nuclear Material Safety and Safeguards, telephone (301) 415-
6257, e-mail, SPB@nrc.gov, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Background
In 1967, the State of Louisiana and the United States Atomic Energy
Commission (now the U.S. Nuclear Regulatory Commission) entered into an
agreement pursuant to section 274b of the Atomic Energy Act of 1954, as
amended, to discontinue the Commission's regulatory responsibilities
over the use and possession of certain types of radioactive material in
Louisiana. The State of Louisiana, in turn, assumed authority (formerly
exercised by the NRC) over these regulatory activities. This agreement
was noticed in the Federal Register on May 3, 1967 (32 FR 6806). The
discontinuance of the Commission's authority became effective May 1,
1967 and, at the same time, established Louisiana as an Agreement
State. Additionally, on May 3, 1967 (32 FR 6807), the Commission
published in the Federal Register a notice of an agreement between the
State of Louisiana and the Commission that permitted the State to
perform inspections or other functions in offshore waters adjacent to
Louisiana on behalf of the Commission. This inspection agreement,
entered into pursuant to section 274i of the Act, did not expand the
State's regulatory authority but rather specifically authorized the
State to conduct inspection activities and other functions on the
Commission's behalf.
The NRC received a letter from Louisiana Governor M. J. ``Mike''
Foster, Jr., dated March 22, 2000, which requested termination of the
section 274i agreement. The Governor stated that the termination would
become effective 30 days from receipt of the letter. The request was
filed in accordance with section 6 of the inspection agreement, which
states: ``* * * This Agreement shall become effective on May 1, 1967,
and shall remain in effect so long as the 274b Agreement remains in
effect unless sooner terminated by either party on 30 days' prior
written notice.''
Governor Foster noted that difficulties arranging transportation
and a lack of financial and personnel resources made it burdensome to
conduct field activities for the NRC. The State concluded that the
section 274i inspection agreement was no longer needed and should be
terminated.
Effective April 26, 2000, the inspection agreement with the State
of Louisiana and the NRC was terminated. Beginning April 26, 2000, the
NRC, not the State, began conducting inspections of NRC-licensed
activities in offshore waters adjacent to Louisiana. In this final
rule, the NRC is issuing a conforming amendment to its reciprocity
regulations in 10 CFR 150.20 (c) and (d). These sections provide that a
licensee is not required to fulfill certain NRC reporting requirements
for licensed activities performed in certain offshore waters. Under
section 150.20 (c), certain general licensees are not required to file
with the NRC if the licensee provides timely notification of its
offshore activities to the Agreement State that issued the specific
license, and that State is listed in 150.20(d) as agreeing to perform
inspections for NRC under a 274i agreement. Louisiana was the only
Agreement State listed in the regulation because it was the only State
which had entered into such an agreement with the NRC.
In a letter to Governor Foster acknowledging termination of the
274i Agreement, the NRC indicated it would remove from the regulation
only the specific reference to the NRC's inspection agreement with
Louisiana in section 150.20(d). However, to promote clarity in the
regulations, these sections will be removed in their entirety. In the
event NRC enters into a 274i inspection agreement with an Agreement
State in the future, the provisions of 150.20(c) and (d), which were
promulgated following notice and comment rulemaking, will be reinstated
via direct final rulemaking. In a separate communication, the NRC will
provide guidance to Louisiana licensees on the impacts that the
termination of this agreement will have on the notification and fee
requirements for activities conducted in offshore waters.
However, termination of the section 274i inspection agreement does
not in any way affect the existing agreement between the Commission and
the State of Louisiana entered into pursuant to section 274b of the
Act. Accordingly, termination of the inspection agreement does not
affect Louisiana's status as an Agreement State.
Procedural Background
This amendment involves a conforming change to NRC's regulations to
reflect the fact that the State of Louisiana has terminated the section
274i inspection agreement. Accordingly, the NRC finds that, pursuant to
5 U.S.C. 553(b)(B), notice and comment is unnecessary. These amendments
are effective upon publication in the Federal Register. Good cause
exists to dispense with the usual 30-day delay in the effective date,
because these amendments are of a minor and administrative nature,
conforming the NRC's regulations as a result of the April 26, 2000
termination of the 274i agreement with the State of Louisiana.
Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and
[[Page 5442]]
published in the Federal Register on September 3, 1997 (62 FR 46517),
this rule is classified as compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the Atomic Energy Act of
1954, as amended (AEA), or the provisions of Title 10 of the Code of
Federal Regulations. Although an Agreement State may not adopt program
elements reserved to NRC, it may wish to inform its licensees of
certain requirements via a mechanism that is consistent with the
particular State's administrative procedure laws, but does not confer
regulatory authority on the State.
Voluntary Consensus Standards
The National Technology Transfer Act of 1995 (Public Law 104-113)
requires that Federal agencies use technical standards that are
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is inconsistent with applicable law or otherwise
impractical. In this final rule, the NRC is revising its regulations to
remove the reference to an inspection agreement, referred to as the
274i Agreement, with the State of Louisiana. The inspection agreement
entered into pursuant to section 274i of the Atomic Energy Act allowed
the State of Louisiana to perform inspections or other functions in
offshore waters adjacent to Louisiana on behalf of the NRC. This
reference is located in the reciprocity regulations in 10 CFR 150.20.
Under section 150.20(c), certain general licensees are not required to
file with the NRC if the licensee provides timely notification of its
offshore activities to the Agreement State that issued the specific
license, and that State is listed in 150.20(d) as agreeing to perform
inspections for NRC under a 274i agreement. Louisiana is the only
Agreement State listed in the regulation. This action responds to a
request from the Governor of Louisiana to terminate the agreement. The
NRC agreed that the 274i inspection agreement is no longer needed and
should be terminated. Therefore, the NRC is revising the regulations by
deleting 150.20 (c) and (d) in their entirety. In the event NRC enters
into a 274i inspection agreement with an Agreement State in the future,
the provisions of 150.20 (c) and (d), which were promulgated following
notice and comment rulemaking, will be reinstated via direct final
rulemaking. This action does not constitute the establishment of a
standard that establishes generally-applicable requirements.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(2). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule does not contain a new or amended information
collection requirement subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget, Approval Number 3150-0032.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, collection of information unless it displays a currently
valid OMB control number.
Regulatory Analysis
These minor amendments impose no new restrictions or requirements,
and therefore, have no significant impact. Accordingly, a regulatory
analysis is considered not necessary and has not been prepared.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)),
the Commission certifies that this rule will not have a significant
economic impact on a substantial number of small entities. This
administrative rule is being revised to remove the reference to an
inspection agreement, referred to as the 274i Agreement, with the State
of Louisiana. The inspection agreement entered into pursuant to section
274i of the Atomic Energy Act allowed the State of Louisiana to perform
inspections or other functions in offshore waters adjacent to Louisiana
on behalf of the NRC. This reference is located in the reciprocity
regulations in 10 CFR 150.20. Under section 150.20(c), certain general
licensees are not required to file with the NRC if the licensee
provides timely notification of its offshore activities to the
Agreement State that issued the specific license, and that State is
listed in 150.20(d) as agreeing to perform inspections for NRC under a
274i agreement. Louisiana is the only Agreement State listed in the
regulation. This action responds to a request from the Governor of
Louisiana to terminate the agreement. The NRC agreed that the 274i
inspection agreement is no longer needed and should be terminated.
Therefore, the NRC is revising the regulations by deleting 150.20(c)
and (d) in their entirety. In the event NRC enters into a 274i
inspection agreement with an Agreement State in the future, the
provisions of 150.20(c) and (d), which were promulgated following
notice and comment rulemaking, will be reinstated via direct final
rulemaking.
Backfit Analysis
The NRC has determined that the backfit rule does not apply to this
final rule because this amendment does not involve any provisions that
would impose backfits as defined in 10 CFR Chapter 1. Therefore, a
backfit analysis is not required for this final rule.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs, Office of Management and Budget.
List of Subjects in 10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Reporting and
recordkeeping requirements, Security measures.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR part 150.
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
1. The authority citation for part 150 continues to read as
follows:
Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as
amended (42 U.S.C. 5841). Sections 150.3, 150.15, 150.15a, 150.31,
150.32 also issued under secs. 11e(2), 81, 68 Stat. 923, 935, as
amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2),
2111, 2113, 2114). Section 150.14 also issued under sec. 53, 68
Stat. 930, as amended (42 U.S.C. 2073). Section 150.15 also issued
under secs. 135, 141, Pub. Law 97-425, 96 Stat. 2232, 2241 (42
U.S.C. 10155, 10161). Section 150.17a also issued under sec. 122, 68
Stat. 939 (42 U.S.C. 2152). Section 150.30 also issued under sec
234, 83 Stat. 444 (42 U.S.C. 2282).
[[Page 5443]]
Sec. 150.20 [Amended]
2. In Sec. 150.20, paragraph (b)(1), first sentence, remove the
words ``Except as specified in paragraph (c) of this section, shall'',
add in their place ``shall'' and remove paragraphs (c) and (d).
Dated at Rockville, Maryland, this 28th day of December, 2000.
For the Nuclear Regulatory Commission.
Patricia G. Norry,
Acting Executive Director for Operations.
[FR Doc. 01-1079 Filed 1-18-01; 8:45 am]
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