Unknown. Final State agreement
5,314 words·~24 min read·
/register/2018/09/28/2018-21229·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2018-09-28.xml --- 83 189 Friday, September 28, 2018 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service Army Army Department NOTICES Intent to Grant Exclusive License: U.S. Government-Owned Invention, 49074 2018-21152 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Requests for Information: Bureau Data Collections, 49072-49074 2018-21162 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Oil and Gas and Sulphur Operations on the Outer Continental Shelf:
Oil and Gas Production Safety Systems, 49216-49263 2018-21197 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49094-49095 2018-21171 Coast Guard Coast Guard RULES Regulated Navigation Areas: Upper Mississippi River, Sabula Railroad Drawbridge, Mile Marker 535, Sabula, IA, 48954-48957 2018-21135 Special Local Regulations: San Francisco Bay Navy Fleet Week Parade of Ships and Blue Angels Demonstration, San Francisco, CA, 48953-48954 2018-21094 PROPOSED RULES Safety Zones:
Annual Fireworks Displays within Sector Columbia River Captain of the Port Zone, 49028-49031 2018-21186 Penn's Landing, Delaware River, Philadelphia, PA; Fireworks Display, 49026-49028 2018-21203 Special Local Regulations: Manasquan Inlet, Manasquan, NJ, 49024-49026 2018-21202 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 49062-49063 2018-21168 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 49070-49072 2018-21182 2018-21183 Comptroller Comptroller of the Currency PROPOSED RULES Regulatory Capital Treatment for High Volatility Commercial Real Estate Exposures, 48990-49001 2018-20875 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49160-49175 2018-21105 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement:
Repeal of DFARS Clause Additional Services, 49178-49179 2018-20971 Repeal of DFARS Clause Award Fee, 49180-49181 2018-20973 Repeal of DFARS Clause Indefinite Quantities—Fixed Charges, 49181-49182 2018-20974 Repeal of DFARS Clause Indefinite Quantities—No Fixed Charges, 49179-49180 2018-20972 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49074-49075 2018-20671 2018-20777 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances:
Placement in Schedule V of Certain FDA-Approved Drugs Containing Cannabidiol; Corresponding Change to Permit Requirements, 48950-48953 2018-21121 Education Department Education Department PROPOSED RULES Proposed Priorities, Requirements, Definitions, and Performance Measures—Comprehensive Centers Program, 49031-49040 2018-21089 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.:
Chehalis River Basin Flood Damage Reduction Project Proposed by the Chehalis River Basin Flood Control Zone District, Lewis County, WA, 49075-49077 2018-21154 Final Missouri River Recovery Management Plan, 49077 2018-21155 Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49089-49090 2018-21190 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 49089 2018-21111 Grant Funding Guidance:
CERCLA; State and Tribal Response Programs for FY2019, 49079-49088 2018-20736 Meetings: National and Governmental Advisory Committees, 49090 2018-21188 Public Water System Supervision Program; Revisions: Hawaii, 49091 2018-20853 Requests for Nominations: Experts to Consider for ad hoc Participation on Federal Insecticide, Fungicide, and Rodenticide Act, Scientific Advisory Panel, 49091-49092 2018-21196 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:
Airbus SAS Airplanes, 48920-48924, 48930-48935 2018-20921 2018-20931 2018-20951 BAE Systems (Operations) Limited Airplanes, 48938-48940 2018-20923 Dassault Aviation Airplanes, 48924-48926 2018-20924 Embraer S.A. Airplanes, 48935-48938 2018-20929 Gulfstream Aerospace Corporation Airplanes, 48918-48920 2018-21103 The Boeing Company Airplanes, 48915-48917, 48927-48930 2018-20917 2018-20918 PROPOSED RULES Airworthiness Directives: Fokker Services B.V. Airplanes, 49020-49022 2018-20919 The Boeing Company Airplanes, 49017-49020 2018-20920 NOTICES Intent of Waiver with Respect to Land:
Indianapolis International Airport, Indianapolis, IN, 49157-49158 2018-21216 Meetings: Industry Meeting, 49159-49160 2018-21205 Petitions for Exemptions; Summaries: Wing Aviation, LLC, 49158-49159 2018-21206 Submission Deadlines for Schedule Information: Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport for the Summer 2019 Scheduling Season, 49155-49157 2018-21217 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Records Modification Form, 49125-49126 2018-20353 Federal Communications Federal Communications Commission RULES Nonsubstantive, Editorial Revisions of Rules and Regulations to Correct Authority Citations, 48962-48964 2018-21198 PROPOSED RULES Requests for Comments: Procedures to Identify and Resolve Location Discrepancies in Eligible Census Blocks within Winning Bid Areas, 49040-49046 2018-21091 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Regulatory Capital Treatment for High Volatility Commercial Real Estate Exposures, 48990-49001 2018-20875 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 49160-49175 2018-21105 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 49117-49119 2018-21119 2018-21123 Flood Hazard Determinations; Changes, 49115-49117 2018-21122 Major Disaster and Related Determinations: Minnesota, 49118 2018-21117 Nebraska, 49115 2018-21116 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 49077-49079 2018-21127 2018-21128 Complaints: Owensboro Municipal Utilities v.
Louisville Gas and Electric Co. and Kentucky Utilities Co., 49077 2018-21129 Federal Motor Federal Motor Carrier Safety Administration RULES Military Licensing and State Commercial Driver's License Reciprocity, 48964-48976 2018-21289 Federal Reserve Federal Reserve System PROPOSED RULES Regulatory Capital Treatment for High Volatility Commercial Real Estate Exposures, 48990-49001 2018-20875 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49092-49094, 49160-49175 2018-21105 2018-21126 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Federal Subsistence Regulations and Associated Forms, 49121-49123 2018-21160 Food and Drug Food and Drug Administration RULES New Animal Drugs: Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Changes of Sponsorship; Change of a Sponsor's Name, 48940-48950 2018-21146 Withdrawal of Approval of New Animal Drug Applications, 48950 2018-21147 PROPOSED RULES Label Requirement for Food that has been Refused Admission into the United States;
Withdrawal, 49022-49023 2018-21145 Use of Materials Derived from Cattle in Medical Products Intended for Use in Humans and Drugs Intended for Use in Ruminants; Reporting Information Regarding Falsification of Data; Withdrawal, 49023-49024 2018-21133 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49107-49108 2018-21209 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Early Food Safety Evaluation of New Non-Pesticidal Proteins Produced by New Plant Varieties Intended for Food Use, 49108-49109 2018-21148 Debarment Orders:
John D. McCoy, 49099-49101 2018-21211 Richard M. Fleming, 49095-49097 2018-21210 Food Labeling: Use of the Names of Dairy Foods in the Labeling of Plant-Based Products, 49103-49107 2018-21200 Guidance: The Special 510(k) Program, 49097-49099 2018-21141 Meetings: Vaccines and Related Biological Products Advisory Committee, 49101-49102 2018-21137 New Drug Applications: GlaxoSmithKline, LLC, et al.; Withdrawal of Approval of 24 Abbreviated New Drug Applications, 49102-49103 2018-21199 Food Safety Food Safety and Inspection Service NOTICES Petition to Permit Waivers of Maximum Line Speeds:
Young Chicken Establishments Operating under the New Poultry Inspection System; Criteria for Consideration of Waiver Requests for Young Chicken Establishments to Operate at Line Speeds of up to 175 Birds Per Minute, 49048-49060 2018-21143 Forest Forest Service NOTICES Boundary Establishment: Black Butte National Wild and Scenic River, including Portions of Cold Creek, Mendocino National Forest, Mendocino County, CA, 49062 2018-21163 Environmental Impact Statements; Availability, etc.:
Chugach National Forest; AK; Proposed Amendment to the Chugach National Forest Land and Resource Management Plan, Applying Only to the Sterling Highway Milepost 45-60 Project, 49060-49062 2018-21153 Proposed East Smoky Panel Mine Project at Smoky Canyon Mine, Caribou County, ID, 49123-49124 2018-21204 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.
Citizenship and Immigration Services Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for Submitting Request for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum, 49064 2018-21166 Procedures for Submitting Requests for Objections from the Section 232 National Security Adjustments of Imports of Steel and Aluminum, 49063 2018-21167 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Steel Trailer Wheels from China, 49124-49125 2018-21130 Tapered Roller Bearings from China, 49125 2018-21095 Justice Department Justice Department See Drug Enforcement Administration See Federal Bureau of Investigation Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau RULES Minerals Management: Adjustment of Cost Recovery Fees, 48957-48961 2018-21298 Waste Prevention, Production Subject to Royalties, and Resource Conservation;
Rescission or Revision of Certain Requirements, 49184-49214 2018-20689 NOTICES Environmental Impact Statements; Availability, etc.: Proposed East Smoky Panel Mine Project at Smoky Canyon Mine, Caribou County, ID, 49123-49124 2018-21204 NASA National Aeronautics and Space Administration NOTICES Meetings: Heliophysics Advisory Committee, 49130-49131 2018-21201 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49131 2018-21157 National Institute National Institutes of Health NOTICES Meetings:
Center for Scientific Review, 49113-49114 2018-21176 2018-21177 National Cancer Institute, 49113 2018-21093 National Heart, Lung, and Blood Institute, 49111-49112 2018-21092 National Human Genome Research Institute, 49112 2018-21175 National Institute of Neurological Disorders and Stroke, 49111 2018-21173 National Institute on Aging, 49112 2018-21090 National Institute on Deafness and Other Communication Disorders, 49114-49115 2018-21174 Prospective Grant of an Exclusive Patent License:
Development and Commercialization of Cell Therapies for Cancer, 49109-49111 2018-21096 Senior Executive Service 2018 Performance Review Board, 49112 2018-21169 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Species: List the Chambered Nautilus as Threatened under the Endangered Species Act, 48976-48985 2018-21114 Fisheries of the Northeastern United States: Northeast Skate Complex; Framework Adjustment 5 and 2018-2019 Specifications, 48985-48989 2018-21192 PROPOSED RULES Atlantic Large Whale Take Reduction Plan Massachusetts Trap/Pot Restricted Area and the Great South Channel Trap/Pot Restricted Area, 49046-49047 2018-21115 NOTICES Exempted Fishing Permit;
Applications: General Provisions for Domestic Fisheries, 49065-49066 2018-21164 Meetings: South Atlantic Fishery Management Council, 49064-49067 2018-21172 2018-21178 2018-21179 Western Pacific Fishery Management Council, 49066 2018-21180 National Science National Science Foundation NOTICES Permit Modifications Received under Antarctic Conservation Act, 49132 2018-21125 Permits Issued under the Antarctic Conservation Act, 49132 2018-21124 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:
BroadbandUSA Webinar Series, 49067 2018-21151 Nuclear Regulatory Nuclear Regulatory Commission RULES Discontinuance of Certain Commission Regulatory Authority within the State; Wyoming, 48905-48908 2018-21229 NOTICES Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Structural Analysis, 49138-49139 2018-21120 Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition; Standard Review Plan—Section Revision, 49132-49138 2018-21140 Standard Review Plan Section 2.5.3, Surface Deformation, 49139-49141 2018-21165 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Grant of Expansion of Recognition and Modification to the Nationally Recognized Testing Laboratory Program's List of Appropriate Test Standards:
FM Approvals, LLC, 49126-49128 2018-21159 Nationally Recognized Testing Laboratories: Underwriters Laboratories, Inc.; Grant of Expansion of Recognition and Modification to the Program's List of Appropriate Test Standards, 49128-49130 2018-21158 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fee Deficiency Submissions, 49069-49070 2018-21213 International Work Sharing, 49067-49069 2018-21215 Patent Reexamination and Supplemental Examinations, 49069 2018-21212 Post Patent Public Submissions, 49070 2018-21214 Postal Regulatory Postal Regulatory Commission NOTICES Public Inquiry on Service Performance Measurement Systems, 49141 2018-21136 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;
Proposed Rule Changes: Cboe Exchange, Inc., 49144-49145 2018-21110 New York Stock Exchange, LLC, 49143-49144 2018-21108 NYSE Arca, Inc., 49142-49143 2018-21107 Small Business Small Business Administration RULES Ownership and Control of Service-Disabled Veteran-Owned Small Business Concerns, 48908-48915 2018-21112 PROPOSED RULES Express Loan Programs; Affiliation Standards, 49001-49017 2018-20869 NOTICES Disaster Declarations: Florida; Declaration of Economic Injury, Amendment 1, 49145 2018-21113 Interest Rates, 49145 2018-21118 State Department State Department NOTICES Determinations under Department of State, Foreign Operations, and Related Programs Appropriations Act:
Government of Egypt, 49145-49146 2018-21187 Waiver of Requirement, 49146 2018-21189 Meetings: International Telecommunication Advisory Committee; Preparations for Upcoming International Telecommunications Meetings, 49146 2018-21170 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemptions: San Pedro Valley Holdings, LLC; San Pedro and Southwestern Railroad Co. in Cochise County, AZ, 49152-49153 2018-21185 Acquisitions of Control: National Express, LLC;
Wise Coaches, Inc., 49146-49148 2018-21142 Adverse Abandonments: New York State Department of Environmental Conservation; Saratoga and North Creek Railway in Town of Johnsburg, NY, 49151-49152 2018-21161 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rail Carrier Financial Reports, 49149-49151 2018-21138 Continuances in Control Exemptions: Gregory B. Cundiff, Connie Cundiff, CGX, Inc. and Ironhorse Resources, Inc.; San Pedro Valley Holdings, LLC and San Pedro Valley Railroad, LLC in Cochise County, AZ, 49151 2018-21184 Operation Exemptions:
San Pedro Valley Railroad, LLC; San Pedro Valley Holdings, LLC in Cochise County, AZ, 49148-49149 2018-21181 Trade Representative Trade Representative, Office of United States NOTICES China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 49153-49155 2018-21303 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 49119-49120 2018-21011 Treasury Treasury Department See Comptroller of the Currency U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Fee Waiver; Exemptions, 49120-49121 2018-21101 Separate Parts In This Issue Part II Defense Department, Defense Acquisition Regulations System, 49178-49182 2018-20971 2018-20973 2018-20974 2018-20972 Part III Interior Department, Land Management Bureau, 49184-49214 2018-20689 Part IV Interior Department, Bureau of Safety and Environmental Enforcement, 49216-49263 2018-21197 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 189 Friday, September 28, 2018 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 150 [NRC-2018-0104] State of Wyoming: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the NRC and the State of Wyoming AGENCY:
Nuclear Regulatory Commission. ACTION: Final State agreement. SUMMARY: This document is announcing that on September 25, 2018, Kristine L. Svinicki, Chairman of the U.S. Nuclear Regulatory Commission (NRC or Commission), and Governor Matthew H. Mead of the State of Wyoming, signed an Agreement as authorized by Section 274b. of the Atomic Energy Act of 1954, as amended (the Act). Under the Agreement the Commission discontinues its regulatory authority, and the State of Wyoming assumes regulatory authority over the management and disposal of byproduct material as defined in Section 11e.(2) of the Act and a subcategory of source material or ores involved in extraction or concentration of uranium or thorium milling in the State.
As of the effective date of the Agreement, a person in Wyoming possessing these materials is exempt from certain Commission regulations. The exemptions have been previously published in the **Federal Register**
(FR)and are codified in the Commission's regulations. The Agreement is published here as required by Section 274e. of the Act. DATES: The effective date of the Agreement is September 30, 2018. ADDRESSES: Please refer to Docket ID NRC-2018-0104 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • *Federal Rulemaking Website:* Go to *http://www.regulations.gov* and search for Docket ID NRC-2018-0104. Address questions about dockets in *Regulations.gov* to Jennifer Borges; telephone: 301-287-9127; email: *Jennifer.Borges@nrc.gov.* For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly available documents online in the ADAMS Public Document collection at *http://www.nrc.gov/reading-rm/adams.html.* To begin the search, select “Begin Web-based ADAMS Search”. For problems with ADAMS, contact the NRC's PDR reference staff at 1-800-397-4209, 301-415-4737, or by email to *pdr.resource@nrc.gov.* The ADAMS Accession numbers for the request for an Agreement by the Governor of Wyoming, including all information and documentation submitted in support of the request, and the NRC staff assessment are: ML16300A294, ML17319A921, ML18094B074, and ML18192B111 (includes final staff assessment). • *NRC's Public Document Room (PDR):* The public may examine and purchase copies of public documents at the NRC's PDR, Room O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Stephen Poy, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7135; e-mail: *Stephen.Poy@nrc.gov.* SUPPLEMENTARY INFORMATION: The NRC published the proposed Agreement in the **Federal Register** for comment once each week for 4 consecutive weeks on June 26, 2018 (83 FR 29828), July 3, 2018 (83 FR 31174), July 10, 2018 (83 FR 31981), and July 17, 2018 (83 FR 33257), as required by the Act. The comment period ended on July 26, 2018. The Commission received 11 comment letters and responses—two supporting the Agreement, three opposing the Agreement, and the remaining not stating an opinion or providing statements related to the proposed Agreement. The comments did not alter the NRC staff's finding that the Wyoming Agreement State program is adequate to protect public health and safety and compatible with the NRC's program. The Wyoming Agreement is consistent with Commission policy and thus meets the criteria for an Agreement with the Commission. After considering the request for an Agreement by the Governor of Wyoming, the supporting documentation submitted with the request for an Agreement, and its interactions with the staff of the Wyoming Department of Environmental Quality, the NRC staff completed an assessment of the Wyoming program. The agency made a copy of the staff assessment available in the NRC's Public Document Room
(PDR)and electronically on the NRC's Web site. Based on the staff's assessment, the Commission determined on September 10, 2018, that the Wyoming program for control of radiation hazards is adequate to protect public health and safety and compatible with the Commission's program. This Agreement is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Dated at Rockville, Maryland, this 25th day of September, 2018. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. ATTACHMENT AN AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE STATE OF WYOMING FOR THE DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED WHEREAS, The United States Nuclear Regulatory Commission (hereinafter referred to as “the Commission”) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. Section 2011 et seq. (hereinafter referred to as “the Act”), to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to byproduct material as defined in Section 11e.(2) of the Act and source material involved in the extraction or concentration of uranium or thorium in source material or ores at milling facilities; and, WHEREAS, The Governor of the State of Wyoming is authorized under Wyoming Statute Section 35-11-2001 to enter into this Agreement with the Commission; and, WHEREAS, The Governor of the State of Wyoming certified on November 14, 2017, that the State of Wyoming (hereinafter referred to as “the State”) has a program for the control of radiation hazards adequate to protect public health and safety with respect to the materials within the State covered by this Agreement and that the State desires to assume regulatory responsibility for such materials; and, WHEREAS, The Commission found on September 10, 2018, that the program of the State for the regulation of the materials covered by this Agreement is compatible with the Commission's program for the regulation of such materials and is adequate to protect public health and safety; and, WHEREAS, The State and the Commission recognize the desirability and importance of cooperation between the Commission and the State in the formulation of standards for protection against hazards of radiation and in assuring that State and Commission programs for protection against hazards of radiation will be coordinated and compatible; and, WHEREAS, The Commission and the State recognize the desirability of the reciprocal recognition of licenses, and of the granting of limited exemptions from licensing of those materials subject to this Agreement; and, WHEREAS, This Agreement is entered into pursuant to the Act; NOW, THEREFORE, It is hereby agreed between the Commission and the Governor of the State of Wyoming acting on behalf of the State as follows: ARTICLE I Subject to the exceptions provided in Articles II, IV, and V, the Commission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters, 7, and 8, and Section 161 of the Act with respect to the following materials: A. Byproduct material as defined in Section 11e.(2) of the Act; and, B. Source material involved in the extraction or concentration of uranium or thorium in source material or ores at uranium or thorium milling facilities (hereinafter referred to as “source material associated with milling activities”). ARTICLE II A. This Agreement does not provide for the discontinuance of any authority, and the Commission shall retain authority and responsibility, with respect to: 1. Byproduct material as defined in Section 11e.(1) of the Act; 2. Byproduct material as defined in Section 11e.(3) of the Act; 3. Byproduct material as defined in Section 11e.(4) of the Act; 4. Source material except for source material as defined in Article I.B. of this Agreement; 5. Special nuclear material; 6. The regulation of the land disposal of byproduct, source, or special nuclear material received from other persons, excluding 11e.(2) byproduct material or source material described in Article I.A. and B. of this Agreement; 7. The evaluation of radiation safety information on sealed sources or devices containing byproduct, source, or special nuclear material and the registration of the sealed sources or devices for distribution, as provided for in regulations or orders of the Commission; 8. The regulation of the construction and operation of any production or utilization facility or any uranium enrichment facility; 9. The regulation of the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; 10. The regulation of the disposal into the ocean or sea of byproduct, source, or special nuclear material waste as defined in the regulations or orders of the Commission; 11. The regulation of the disposal of such other byproduct, source, or special nuclear material as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not to be so disposed without a license from the Commission; 12. The regulation of activities not exempt from Commission regulation as stated in 10 CFR part 150; 13. The regulation of laboratory facilities that are not located at facilities licensed under the authority relinquished under Article I.A. and B. of this Agreement; and, 14. Notwithstanding this Agreement, the Commission shall retain regulatory authority over the American Nuclear Corporation license (License No. SUA-667; Docket No. 040-04492). B. Notwithstanding this Agreement, the Commission retains the following authorities pertaining to byproduct material as defined in Section 11e.(2) of the Act: 1. Prior to the termination of a State license for such byproduct material, or for any activity that results in the production of such material, the Commission shall have made a determination that all applicable standards and requirements pertaining to such material have been met. 2. The Commission reserves the authority to establish minimum standards governing reclamation, long-term surveillance or maintenance, and ownership of such byproduct material and of land used as its disposal site for such material. Such reserved authority includes: a. The authority to establish terms and conditions as the Commission determines necessary to assure that, prior to termination of any license for such byproduct material, or for any activity that results in the production of such material, the licensee shall comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission and with ownership requirements for such material and its disposal site; b. The authority to require that prior to termination of any license for such byproduct material or for any activity that results in the production of such material, title to such byproduct material and its disposal site be transferred to the United States or the State at the option of the State (provided such option is exercised prior to termination of the license); d. The authority to permit use of the surface or subsurface estates, or both, of the land transferred to the United States or a State pursuant to paragraph 2.b. in this section in a manner consistent with the provisions of the Uranium Mill Tailings Radiation Control Act of 1978, provided that the Commission determines that such use would not endanger public health, safety, welfare, or the environment; e. The authority to require, in the case of a license for any activity that produces such byproduct material (which license was in effect on November 8, 1981), transfer of land and material pursuant to paragraph 2.b. in this section taking into consideration the status of such material and land and interests therein and the ability of the licensee to transfer title and custody thereof to the United States or a State; f. The authority to require the Secretary of the United States Department of Energy, other Federal agency, or State, whichever has custody of such byproduct material and its disposal site, to undertake such monitoring, maintenance, and emergency measures as are necessary to protect public health and safety and other actions as the Commission deems necessary; and, g. The authority to enter into arrangements as may be appropriate to assure Federal long-term surveillance or maintenance of such byproduct material and its disposal site on land held in trust by the United States for any Indian Tribe or land owned by an Indian Tribe and subject to a restriction against alienation imposed by the United States. 3. The Commission retains the authority to reject any State request to terminate a license that proposes to bifurcate the ownership of 11e.(2) byproduct material and its disposal site between the State and the Federal government. Upon passage of a revised Wyoming Statute Section 35-11-2004(c) that the NRC finds compatible with Section 83b.(1)(A) of the Act, this paragraph expires and is no longer part of this Agreement. ARTICLE III With the exception of those activities identified in Article II, A.8 through A.11, this Agreement may be amended, upon application by the State and approval by the Commission to include one or more of the additional activities specified in Article II, A.1 through A.7, whereby the State may then exert regulatory authority and responsibility with respect to those activities. ARTICLE IV Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemption for licensing issued by the Commission. ARTICLE V This Agreement shall not affect the authority of the Commission under Subsection 161b. or 161i. of the Act to issue rules, regulations, or orders to protect the common defense and security, to protect restricted data, or to guard against the loss or diversion of special nuclear material. ARTICLE VI The Commission will cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that Commission and State programs for protection against hazards of radiation will be coordinated and compatible. The State agrees to cooperate with the Commission and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that the State's program will continue to be compatible with the program of the Commission for the regulation of materials covered by this Agreement. The State and the Commission agree to keep each other informed of proposed changes in their respective rules and regulations and to provide each other the opportunity for early and substantive contribution to the proposed changes. The State and the Commission agree to keep each other informed of events, accidents, and licensee performance that may have generic implication or otherwise be of regulatory interest. ARTICLE VII The Commission and the State agree that it is desirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any other Agreement State. Accordingly, the Commission and the State agree to develop appropriate rules, regulations, and procedures by which reciprocity will be accorded. ARTICLE VIII A. The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State or upon request of the Governor of the State, may terminate or suspend all or part of this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the Commission finds that
(1)such termination or suspension is required to protect public health and safety, or
(2)the State has not complied with one or more of the requirements of Section 274 of the Act. 1. This Agreement will terminate without further NRC action if the State does not amend Wyoming Statute Section 35-11-2004(c) to be compatible with Section 83b.(1)(A) of the Act by the end of the 2019 Wyoming legislative session. Upon passage of a revised Wyoming Statute Section 35-11-2004(c) that the NRC finds compatible with Section 83b.(1)(A) of the Act, this paragraph expires and is no longer part of the Agreement. B. The Commission may also, pursuant to Section 274j. of the Act, temporarily suspend all or part of this Agreement if, in the judgment of the Commission, an emergency situation exists requiring immediate action to protect public health and safety and the State has failed to take necessary steps. The Commission shall periodically review actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act, which requires a State program to be adequate to protect public health and safety with respect to the materials covered by this Agreement and to be compatible with the Commission's program. ARTICLE IX In the licensing and regulation of byproduct material as defined in Section 11e.(2) of the Act, or of any activity that results in production of such material, the State shall comply with the provisions of Section 274o. of the Act, if in such licensing and regulation, the State requires financial surety arrangements for reclamation or long-term surveillance and maintenance of such material. A. The total amount of funds the State collects for such purposes shall be transferred to the United States if custody of such material and its disposal site is transferred to the United States upon termination of the State license for such material or any activity that results in the production of such material. Such funds include, but are not limited to, sums collected for long-term surveillance or maintenance. Such funds do not, however, include monies held as surety where no default has occurred and the reclamation or other bonded activity has been performed; and, B. Such surety or other financial requirements must be sufficient to ensure compliance with those standards established by the Commission pertaining to bonds, sureties, and financial arrangements to ensure adequate reclamation and long-term management of such byproduct material and its disposal site. ARTICLE X This Agreement shall become effective on September 30, 2018, and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII. Done at Cheyenne, Wyoming, in triplicate, this 25th day of September, 2018. FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION. /RA/ Kristine L. Svinicki, Chairman FOR THE STATE OF WYOMING. /RA/ Matthew H. Mead, Governor [FR Doc. 2018-21229 Filed 9-27-18; 8:45 am]
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- 10 CFR 150
- 5 USC 801-808
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