83 FR 48905 - State of Wyoming: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the NRC and the State of Wyoming

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range		48905-48908
FR Document		2018-21229

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.

Federal Register, Volume 83 Issue 189 (Friday, September 28, 2018)

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48905-48908]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-21229]

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Rules and Regulations
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 /
Rules and Regulations

[[Page 48905]]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 150

[NRC-2018-0104]

State of Wyoming: Discontinuance of Certain Commission Regulatory
Authority Within the State; Notice of Agreement Between the NRC and the
State of Wyoming

AGENCY: Nuclear Regulatory Commission.

ACTION: Final State agreement.

-----------------------------------------------------------------------

SUMMARY: This document is announcing that on September 25, 2018,
Kristine L. Svinicki, Chairman of the U.S. Nuclear Regulatory
Commission (NRC or Commission), and Governor Matthew H. Mead of the
State of Wyoming, signed an Agreement as authorized by Section 274b. of
the Atomic Energy Act of 1954, as amended (the Act). Under the
Agreement the Commission discontinues its regulatory authority, and the
State of Wyoming assumes regulatory authority over the management and
disposal of byproduct material as defined in Section 11e.(2) of the Act
and a subcategory of source material or ores involved in extraction or
concentration of uranium or thorium milling in the State. As of the
effective date of the Agreement, a person in Wyoming possessing these
materials is exempt from certain Commission regulations. The exemptions
have been previously published in the Federal Register (FR) and are
codified in the Commission's regulations. The Agreement is published
here as required by Section 274e. of the Act.

DATES: The effective date of the Agreement is September 30, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0104 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to 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[dash]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

[[Page 48906]]

respect to byproduct material as defined in Section 11e.(2) of the Act
and source material involved in the extraction or concentration of
uranium or thorium in source material or ores at milling facilities;
and,
WHEREAS, The Governor of the State of Wyoming is authorized under
Wyoming Statute Section 35-11-2001 to enter into this Agreement with
the Commission; and,
WHEREAS, The Governor of the State of Wyoming certified on November
14, 2017, that the State of Wyoming (hereinafter referred to as ``the
State'') has a program for the control of radiation hazards adequate to
protect public health and safety with respect to the materials within
the State covered by this Agreement and that the State desires to
assume regulatory responsibility for such materials; and,
WHEREAS, The Commission found on September 10, 2018, that the
program of the State for the regulation of the materials covered by
this Agreement is compatible with the Commission's program for the
regulation of such materials and is adequate to protect public health
and safety; and,
WHEREAS, The State and the Commission recognize the desirability
and importance of cooperation between the Commission and the State in
the formulation of standards for protection against hazards of
radiation and in assuring that State and Commission programs for
protection against hazards of radiation will be coordinated and
compatible; and,
WHEREAS, The Commission and the State recognize the desirability of
the reciprocal recognition of licenses, and of the granting of limited
exemptions from licensing of those materials subject to this Agreement;
and,
WHEREAS, This Agreement is entered into pursuant to the Act;
NOW, THEREFORE, It is hereby agreed between the Commission and the
Governor of the State of Wyoming acting on behalf of the State as
follows:

ARTICLE I

Subject to the exceptions provided in Articles II, IV, and V, the
Commission shall discontinue, as of the effective date of this
Agreement, the regulatory authority of the Commission in the State
under Chapters, 7, and 8, and Section 161 of the Act with respect to
the following materials:

A. Byproduct material as defined in Section 11e.(2) of the Act; and,
B. Source material involved in the extraction or concentration of
uranium or thorium in source material or ores at uranium or thorium
milling facilities (hereinafter referred to as ``source material
associated with milling activities'').

ARTICLE II

A. This Agreement does not provide for the discontinuance of any
authority, and the Commission shall retain authority and
responsibility, with respect to:
1. Byproduct material as defined in Section 11e.(1) of the Act;
2. Byproduct material as defined in Section 11e.(3) of the Act;
3. Byproduct material as defined in Section 11e.(4) of the Act;
4. Source material except for source material as defined in Article
I.B. of this Agreement;
5. Special nuclear material;
6. The regulation of the land disposal of byproduct, source, or
special nuclear material received from other persons, excluding 11e.(2)
byproduct material or source material described in Article I.A. and B.
of this Agreement;
7. The evaluation of radiation safety information on sealed sources
or devices containing byproduct, source, or special nuclear material
and the registration of the sealed sources or devices for distribution,
as provided for in regulations or orders of the Commission;
8. The regulation of the construction and operation of any
production or utilization facility or any uranium enrichment facility;
9. The regulation of the export from or import into the United
States of byproduct, source, or special nuclear material, or of any
production or utilization facility;
10. The regulation of the disposal into the ocean or sea of
byproduct, source, or special nuclear material waste as defined in the
regulations or orders of the Commission;
11. The regulation of the disposal of such other byproduct, source,
or special nuclear material as the Commission from time to time
determines by regulation or order should, because of the hazards or
potential hazards thereof, not to be so disposed without a license from
the Commission;
12. The regulation of activities not exempt from Commission
regulation as stated in 10 CFR part 150;
13. The regulation of laboratory facilities that are not located at
facilities licensed under the authority relinquished under Article I.A.
and B. of this Agreement; and,
14. Notwithstanding this Agreement, the Commission shall retain
regulatory authority over the American Nuclear Corporation license
(License No. SUA-667; Docket No. 040-04492).
B. Notwithstanding this Agreement, the Commission retains the following
authorities pertaining to byproduct material as defined in Section
11e.(2) of the Act:
1. Prior to the termination of a State license for such byproduct
material, or for any activity that results in the production of such
material, the Commission shall have made a determination that all
applicable standards and requirements pertaining to such material have
been met.
2. The Commission reserves the authority to establish minimum
standards governing reclamation, long-term surveillance or maintenance,
and ownership of such byproduct material and of land used as its
disposal site for such material. Such reserved authority includes:
a. The authority to establish terms and conditions as the
Commission determines necessary to assure that, prior to termination of
any license for such byproduct material, or for any activity that
results in the production of such material, the licensee shall comply
with decontamination, decommissioning, and reclamation standards
prescribed by the Commission and with ownership requirements for such
material and its disposal site;
b. The authority to require that prior to termination of any
license for such byproduct material or for any activity that results in
the production of such material, title to such byproduct material and
its disposal site be transferred to the United States or the State at
the option of the State (provided such option is exercised prior to
termination of the license);
d. The authority to permit use of the surface or subsurface
estates, or both, of the land transferred to the United States or a
State pursuant to paragraph 2.b. in this section in a manner consistent
with the provisions of the Uranium Mill Tailings Radiation Control Act
of 1978, provided that the Commission determines that such use would
not endanger public health, safety, welfare, or the environment;
e. The authority to require, in the case of a license for any
activity that produces such byproduct material

[[Page 48907]]

(which license was in effect on November 8, 1981), transfer of land and
material pursuant to paragraph 2.b. in this section taking into
consideration the status of such material and land and interests
therein and the ability of the licensee to transfer title and custody
thereof to the United States or a State;
f. The authority to require the Secretary of the United States
Department of Energy, other Federal agency, or State, whichever has
custody of such byproduct material and its disposal site, to undertake
such monitoring, maintenance, and emergency measures as are necessary
to protect public health and safety and other actions as the Commission
deems necessary; and,
g. The authority to enter into arrangements as may be appropriate
to assure Federal long-term surveillance or maintenance of such
byproduct material and its disposal site on land held in trust by the
United States for any Indian Tribe or land owned by an Indian Tribe and
subject to a restriction against alienation imposed by the United
States.
3. The Commission retains the authority to reject any State request
to terminate a license that proposes to bifurcate the ownership of
11e.(2) byproduct material and its disposal site between the State and
the Federal government. Upon passage of a revised Wyoming Statute
Section 35-11-2004(c) that the NRC finds compatible with Section
83b.(1)(A) of the Act, this paragraph expires and is no longer part of
this Agreement.

ARTICLE III

With the exception of those activities identified in Article II, A.8
through A.11, this Agreement may be amended, upon application by the
State and approval by the Commission to include one or more of the
additional activities specified in Article II, A.1 through A.7, whereby
the State may then exert regulatory authority and responsibility with
respect to those activities.

ARTICLE IV

Notwithstanding this Agreement, the Commission may from time to time by
rule, regulation, or order, require that the manufacturer, processor,
or producer of any equipment, device, commodity, or other product
containing source, byproduct, or special nuclear material shall not
transfer possession or control of such product except pursuant to a
license or an exemption for licensing issued by the Commission.

ARTICLE V

This Agreement shall not affect the authority of the Commission under
Subsection 161b. or 161i. of the Act to issue rules, regulations, or
orders to protect the common defense and security, to protect
restricted data, or to guard against the loss or diversion of special
nuclear material.

ARTICLE VI

The Commission will cooperate with the State and other Agreement States
in the formulation of standards and regulatory programs of the State
and the Commission for protection against hazards of radiation and to
assure that Commission and State programs for protection against
hazards of radiation will be coordinated and compatible. The State
agrees to cooperate with the Commission and other Agreement States in
the formulation of standards and regulatory programs of the State and
the Commission for protection against hazards of radiation and to
assure that the State's program will continue to be compatible with the
program of the Commission for the regulation of materials covered by
this Agreement.
The State and the Commission agree to keep each other informed of
proposed changes in their respective rules and regulations and to
provide each other the opportunity for early and substantive
contribution to the proposed changes. The State and the Commission
agree to keep each other informed of events, accidents, and licensee
performance that may have generic implication or otherwise be of
regulatory interest.

ARTICLE VII

The Commission and the State agree that it is desirable to provide
reciprocal recognition of licenses for the materials listed in Article
I licensed by the other party or by any other Agreement State.
Accordingly, the Commission and the State agree to develop appropriate
rules, regulations, and procedures by which reciprocity will be
accorded.

ARTICLE VIII

A. The Commission, upon its own initiative after reasonable notice and
opportunity for hearing to the State or upon request of the Governor of
the State, may terminate or suspend all or part of this Agreement and
reassert the licensing and regulatory authority vested in it under the
Act if the Commission finds that (1) such termination or suspension is
required to protect public health and safety, or (2) the State has not
complied with one or more of the requirements of Section 274 of the
Act.
1. This Agreement will terminate without further NRC action if the
State does not amend Wyoming Statute Section 35-11-2004(c) to be
compatible with Section 83b.(1)(A) of the Act by the end of the 2019
Wyoming legislative session. Upon passage of a revised Wyoming Statute
Section 35-11-2004(c) that the NRC finds compatible with Section
83b.(1)(A) of the Act, this paragraph expires and is no longer part of
the Agreement.
B. The Commission may also, pursuant to Section 274j. of the Act,
temporarily suspend all or part of this Agreement if, in the judgment
of the Commission, an emergency situation exists requiring immediate
action to protect public health and safety and the State has failed to
take necessary steps. The Commission shall periodically review actions
taken by the State under this Agreement to ensure compliance with
Section 274 of the Act, which requires a State program to be adequate
to protect public health and safety with respect to the materials
covered by this Agreement and to be compatible with the Commission's
program.

ARTICLE IX

In the licensing and regulation of byproduct material as defined in
Section 11e.(2) of the Act, or of any activity that results in
production of such material, the State shall comply with the provisions
of Section 274o. of the Act, if in such licensing and regulation, the
State requires financial surety arrangements for reclamation or long-
term surveillance and maintenance of such material.

A. The total amount of funds the State collects for such purposes shall
be transferred to the United States if custody of such material and its
disposal site is transferred to the United States upon termination of
the State license for such material or any activity that results in the
production of such material. Such funds include, but are not limited
to, sums collected for long-term surveillance or maintenance. Such
funds do not, however, include monies held as surety where no default
has occurred and the reclamation or other bonded activity has been
performed; and,
B. Such surety or other financial requirements must be sufficient to

[[Page 48908]]

ensure compliance with those standards established by the Commission
pertaining to bonds, sureties, and financial arrangements to ensure
adequate reclamation and long-term management of such byproduct
material and its disposal site.

ARTICLE X

This Agreement shall become effective on September 30, 2018, and shall
remain in effect unless and until such time as it is terminated
pursuant to Article VIII.
Done at Cheyenne, Wyoming, in triplicate, this 25th day of September,
2018.
FOR THE UNITED STATES
NUCLEAR REGULATORY COMMISSION.
/RA/
Kristine L. Svinicki, Chairman
FOR THE STATE OF WYOMING.
/RA/

Matthew H. Mead, Governor

[FR Doc. 2018-21229 Filed 9-27-18; 8:45 am]
BILLING CODE 7590-01-P

48906 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations

respect to byproduct material as defined (hereinafter referred to as ‘‘source the Commission shall retain
in Section 11e.(2) of the Act and source material associated with milling regulatory authority over the
material involved in the extraction or activities’’). American Nuclear Corporation
concentration of uranium or thorium in license (License No. SUA–667;
ARTICLE II
source material or ores at milling Docket No. 040–04492).
facilities; and, A. This Agreement does not provide for B. Notwithstanding this Agreement, the
WHEREAS, The Governor of the State the discontinuance of any authority, Commission retains the following
of Wyoming is authorized under and the Commission shall retain authorities pertaining to byproduct
Wyoming Statute Section 35–11–2001 to authority and responsibility, with material as defined in Section
enter into this Agreement with the respect to: 11e.(2) of the Act:
Commission; and, 1. Byproduct material as defined in 1. Prior to the termination of a State
WHEREAS, The Governor of the State Section 11e.(1) of the Act; license for such byproduct material,
of Wyoming certified on November 14, 2. Byproduct material as defined in or for any activity that results in the
2017, that the State of Wyoming Section 11e.(3) of the Act; production of such material, the
(hereinafter referred to as ‘‘the State’’) 3. Byproduct material as defined in Commission shall have made a
has a program for the control of Section 11e.(4) of the Act; determination that all applicable
radiation hazards adequate to protect 4. Source material except for source standards and requirements
public health and safety with respect to material as defined in Article I.B. of pertaining to such material have
the materials within the State covered this Agreement; been met.
by this Agreement and that the State 5. Special nuclear material; 2. The Commission reserves the
desires to assume regulatory 6. The regulation of the land disposal authority to establish minimum
responsibility for such materials; and, of byproduct, source, or special standards governing reclamation,
WHEREAS, The Commission found nuclear material received from long-term surveillance or
on September 10, 2018, that the program other persons, excluding 11e.(2) maintenance, and ownership of
of the State for the regulation of the byproduct material or source such byproduct material and of
materials covered by this Agreement is material described in Article I.A. land used as its disposal site for
compatible with the Commission’s and B. of this Agreement; such material. Such reserved
program for the regulation of such 7. The evaluation of radiation safety authority includes:
materials and is adequate to protect information on sealed sources or a. The authority to establish terms and
public health and safety; and, devices containing byproduct, conditions as the Commission
WHEREAS, The State and the source, or special nuclear material determines necessary to assure that,
Commission recognize the desirability and the registration of the sealed prior to termination of any license
and importance of cooperation between sources or devices for distribution, for such byproduct material, or for
the Commission and the State in the as provided for in regulations or any activity that results in the
formulation of standards for protection orders of the Commission; production of such material, the
against hazards of radiation and in 8. The regulation of the construction licensee shall comply with
assuring that State and Commission and operation of any production or decontamination,
programs for protection against hazards utilization facility or any uranium decommissioning, and reclamation
of radiation will be coordinated and enrichment facility; standards prescribed by the
compatible; and, 9. The regulation of the export from Commission and with ownership
WHEREAS, The Commission and the or import into the United States of requirements for such material and
State recognize the desirability of the byproduct, source, or special its disposal site;
reciprocal recognition of licenses, and of nuclear material, or of any b. The authority to require that prior
the granting of limited exemptions from production or utilization facility; to termination of any license for
licensing of those materials subject to 10. The regulation of the disposal into such byproduct material or for any
this Agreement; and, the ocean or sea of byproduct, activity that results in the
WHEREAS, This Agreement is source, or special nuclear material production of such material, title to
entered into pursuant to the Act; waste as defined in the regulations such byproduct material and its
NOW, THEREFORE, It is hereby or orders of the Commission; disposal site be transferred to the
agreed between the Commission and the 11. The regulation of the disposal of United States or the State at the
Governor of the State of Wyoming acting such other byproduct, source, or option of the State (provided such
on behalf of the State as follows: special nuclear material as the option is exercised prior to
Commission from time to time termination of the license);
ARTICLE I d. The authority to permit use of the
determines by regulation or order
Subject to the exceptions provided in should, because of the hazards or surface or subsurface estates, or
Articles II, IV, and V, the Commission potential hazards thereof, not to be both, of the land transferred to the
shall discontinue, as of the effective so disposed without a license from United States or a State pursuant to
date of this Agreement, the regulatory the Commission; paragraph 2.b. in this section in a
authority of the Commission in the State 12. The regulation of activities not manner consistent with the
under Chapters, 7, and 8, and Section exempt from Commission provisions of the Uranium Mill
161 of the Act with respect to the regulation as stated in 10 CFR part Tailings Radiation Control Act of
following materials: 150; 1978, provided that the
daltland on DSKBBV9HB2PROD with RULES

A. Byproduct material as defined in 13. The regulation of laboratory Commission determines that such
Section 11e.(2) of the Act; and, facilities that are not located at use would not endanger public
B. Source material involved in the facilities licensed under the health, safety, welfare, or the
extraction or concentration of authority relinquished under environment;
uranium or thorium in source Article I.A. and B. of this e. The authority to require, in the case
material or ores at uranium or Agreement; and, of a license for any activity that
thorium milling facilities 14. Notwithstanding this Agreement, produces such byproduct material

VerDate Sep<11>2014 17:35 Sep 27, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\28SER1.SGM 28SER1

Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations 48907

(which license was in effect on to a license or an exemption for required to protect public health
November 8, 1981), transfer of land licensing issued by the Commission. and safety, or (2) the State has not
and material pursuant to paragraph complied with one or more of the
ARTICLE V
2.b. in this section taking into requirements of Section 274 of the
consideration the status of such This Agreement shall not affect the Act.
material and land and interests authority of the Commission under 1. This Agreement will terminate
therein and the ability of the Subsection 161b. or 161i. of the Act to without further NRC action if the
licensee to transfer title and custody issue rules, regulations, or orders to State does not amend Wyoming
thereof to the United States or a protect the common defense and Statute Section 35–11–2004(c) to be
State; security, to protect restricted data, or to compatible with Section 83b.(1)(A)
f. The authority to require the guard against the loss or diversion of of the Act by the end of the 2019
Secretary of the United States special nuclear material. Wyoming legislative session. Upon
Department of Energy, other Federal passage of a revised Wyoming
ARTICLE VI
agency, or State, whichever has Statute Section 35–11–2004(c) that
custody of such byproduct material The Commission will cooperate with the NRC finds compatible with
and its disposal site, to undertake the State and other Agreement States in Section 83b.(1)(A) of the Act, this
such monitoring, maintenance, and the formulation of standards and paragraph expires and is no longer
emergency measures as are regulatory programs of the State and the part of the Agreement.
necessary to protect public health Commission for protection against B. The Commission may also, pursuant
and safety and other actions as the hazards of radiation and to assure that to Section 274j. of the Act,
Commission deems necessary; and, Commission and State programs for temporarily suspend all or part of
protection against hazards of radiation this Agreement if, in the judgment
g. The authority to enter into
will be coordinated and compatible. The of the Commission, an emergency
arrangements as may be appropriate
State agrees to cooperate with the situation exists requiring immediate
to assure Federal long-term
Commission and other Agreement States action to protect public health and
surveillance or maintenance of such safety and the State has failed to
in the formulation of standards and
byproduct material and its disposal take necessary steps. The
regulatory programs of the State and the
site on land held in trust by the Commission shall periodically
Commission for protection against
United States for any Indian Tribe review actions taken by the State
hazards of radiation and to assure that
or land owned by an Indian Tribe under this Agreement to ensure
the State’s program will continue to be
and subject to a restriction against compliance with Section 274 of the
compatible with the program of the
alienation imposed by the United Act, which requires a State program
Commission for the regulation of
States. to be adequate to protect public
materials covered by this Agreement.
3. The Commission retains the The State and the Commission agree health and safety with respect to the
authority to reject any State request to keep each other informed of proposed materials covered by this
to terminate a license that proposes changes in their respective rules and Agreement and to be compatible
to bifurcate the ownership of 11e.(2) regulations and to provide each other with the Commission’s program.
byproduct material and its disposal the opportunity for early and
site between the State and the ARTICLE IX
substantive contribution to the proposed
Federal government. Upon passage changes. The State and the Commission In the licensing and regulation of
of a revised Wyoming Statute agree to keep each other informed of byproduct material as defined in
Section 35–11–2004(c) that the NRC events, accidents, and licensee Section 11e.(2) of the Act, or of any
finds compatible with Section performance that may have generic activity that results in production of
83b.(1)(A) of the Act, this paragraph implication or otherwise be of such material, the State shall comply
expires and is no longer part of this regulatory interest. with the provisions of Section 274o. of
Agreement. the Act, if in such licensing and
ARTICLE VII regulation, the State requires financial
ARTICLE III
The Commission and the State agree surety arrangements for reclamation or
With the exception of those activities that it is desirable to provide reciprocal long-term surveillance and maintenance
identified in Article II, A.8 through recognition of licenses for the materials of such material.
A.11, this Agreement may be amended, listed in Article I licensed by the other A. The total amount of funds the State
upon application by the State and party or by any other Agreement State. collects for such purposes shall be
approval by the Commission to include Accordingly, the Commission and the transferred to the United States if
one or more of the additional activities State agree to develop appropriate rules, custody of such material and its
specified in Article II, A.1 through A.7, regulations, and procedures by which disposal site is transferred to the
whereby the State may then exert reciprocity will be accorded. United States upon termination of
regulatory authority and responsibility the State license for such material
with respect to those activities. ARTICLE VIII or any activity that results in the
A. The Commission, upon its own production of such material. Such
ARTICLE IV
initiative after reasonable notice funds include, but are not limited
Notwithstanding this Agreement, the and opportunity for hearing to the to, sums collected for long-term
Commission may from time to time by State or upon request of the surveillance or maintenance. Such
rule, regulation, or order, require that Governor of the State, may
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funds do not, however, include
the manufacturer, processor, or terminate or suspend all or part of monies held as surety where no
producer of any equipment, device, this Agreement and reassert the default has occurred and the
commodity, or other product containing licensing and regulatory authority reclamation or other bonded
source, byproduct, or special nuclear vested in it under the Act if the activity has been performed; and,
material shall not transfer possession or Commission finds that (1) such B. Such surety or other financial
control of such product except pursuant termination or suspension is requirements must be sufficient to

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48908 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations

ensure compliance with those spouse or an employee stock ownership plan (ESOP). The final VA rule was
standards established by the plan (ESOP). issued on September 24, 2018 and is
Commission pertaining to bonds, DATES: This rule is effective October 1, effective October 1, 2018. 83 FR 48221.
sureties, and financial arrangements 2018. Similarly, SBA has finalized another
to ensure adequate reclamation and FOR FURTHER INFORMATION CONTACT: related rule on March 30, 2018. SBA
long-term management of such Brenda Fernandez, Office of Policy, Final Rule: Rules of Practice for Protests
byproduct material and its disposal Planning and Liaison, 409 Third Street and Appeals Regarding Eligibility for
site. SW, Washington, DC 20416; (202) 205– Inclusion in the U.S. Department of
ARTICLE X 7337; brenda.fernandez@sba.gov. Veterans Affairs Center for Verification
SUPPLEMENTARY INFORMATION: and Evaluation Database (83 FR 13626;
This Agreement shall become effective
on September 30, 2018, and shall Introduction RIN: 3245–AG87; Docket Number: SBA–
remain in effect unless and until such 2017–0007). This rule, also effective
The Vets First Contracting Program
time as it is terminated pursuant to October 1, 2018, amends the rules of
within the Department of Veterans
Article VIII. practice of SBA’s Office of Hearings and
Affairs (VA) was created under the
Done at Cheyenne, Wyoming, in Appeals (OHA) to implement
Veterans Benefits, Health Care, and
triplicate, this 25th day of September, Information Technology Act of 2006 procedures for protests of eligibility for
2018. (Pub. L. 109–461), 38 U.S.C. 501, 513. inclusion in the Department of Veterans
FOR THE UNITED STATES This contracting program was created Affairs (VA) Center for Verification and
for Veteran-Owned Small Businesses Evaluation (CVE) database, and
NUCLEAR REGULATORY procedures for appeals of denials and
and expanded the Service-Disabled
COMMISSION. cancellations of inclusion in the CVE
Veteran-Owned contracting program for
/RA/ VA procurements. Approved firms are database. OHA added two subparts to 13
Kristine L. Svinicki, Chairman eligible to participate in Veteran-Owned CFR part 134: one for protests; the other
Small Business (VOSB) and Service- for appeals. These amendments are
FOR THE STATE OF WYOMING.
Disabled Veteran-Owned Small issued in accordance with sections 1832
/RA/ Business (SDVOSB) set-asides issued by and 1833 of the National Defense
Matthew H. Mead, Governor VA. More information regarding the Authorization Act for Fiscal Year 2017
[FR Doc. 2018–21229 Filed 9–27–18; 8:45 am] Vets First Contracting Program can be (NDAA 2017).
BILLING CODE 7590–01–P found on the Department of Veterans SBA proposed this rule on January 29,
Affairs website at https://www.va.gov/ 2018 (83 FR 4005; Docket Number:
osdbu/faqs/109461.asp.
SBA–2018–0001). Sixty-eight comments
SMALL BUSINESS ADMINISTRATION This rule complies with the directive
in the National Defense Authorization were received, not all of which were
Act of 2017 (Pub. L. 114–328), section germane to the rulemaking.
13 CFR Part 125
1832, to standardize definitions for SBA received several comments
RIN 3245–AG85 VOSBs and SDVOSBs between VA and related to this rulemaking as a whole.
Ownership and Control of Service- SBA. As required by section 1832, the Two comments were supportive of the
Disabled Veteran-Owned Small Secretary of Veterans Affairs will use rule because the rule would align SBA’s
Business Concerns SBA’s regulations to determine and VA’s regulations, and would help to
ownership and control of VOSBs and define elements previously addressed
AGENCY: U.S. Small Business SDVOSBs. The Secretary would only outside the regulations through
Administration. continue to determine whether OHA decisions or case-by-case
ACTION: Final rule. individuals are veterans or service- determinations. Six commenters
disabled veterans and would be opposed the proposed rule for
SUMMARY: The U.S. Small Business responsible for verification of applicant addressing issues beyond just
Administration (SBA or Agency) is firms. Challenges to the status of a standardizing SBA’s and VA’s
amending its regulations to implement VOSB or SDVOSB based upon issues of definitions. As explained in the section-
provisions of the National Defense ownership or control would be decided by-section analysis, this rule codifies
Authorization Act for Fiscal Year 2017 by the administrative judges at the
standards and practices that SBA has
(NDAA 2017). The NDAA 2017 placed SBA’s Office of Hearings and Appeals
the responsibility for issuing regulations applied consistently through
(OHA).
relating to ownership and control for the The VA proposed its companion rule, determinations and OHA decisions.
Department of Veterans Affairs VA Veteran-Owned Small Business SBA believes it benefits VOSB and
verification of Veteran-Owned (VO) and (VOSB) Verification Guidelines (RIN SDVOSBs to have these standards and
Service-Disabled Veteran-Owned 2900–AP97) on January 10, 2018 (83 FR practices reflected in the regulations.
(SDVO) Small Business Concerns (SBCs) 1203)(Docket Number: VA–2018– One commenter stated that SBA and
with the SBA. Pursuant to NDAA 2017, VACO–0004). Their proposed rule VA should jointly issue regulations.
SBA issues one definition of ownership sought to remove all references related SBA has consulted with VA in order to
and control for these concerns, which to ownership and control and to add properly understand VA’s positions and
applies to the Department of Veterans and clarify certain terms and references implement the statutory requirements in
Affairs in its verification and Vets First that are currently part of the verification
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a way that is consistent with both SBA’s
Contracting Program procurements, and process. The NDAA also provides that and VA’s interpretations. SBA and VA
all other government acquisitions which in certain circumstances a firm can will each issue regulations effective on
require self-certification. The legislation qualify as VOSB or Service-Disabled October 1, 2018, which will have the
also provided that in certain Veteran Owned Small Business effect of creating a single ownership and
circumstances a firm can qualify as VO (SDVOSB) when there is a surviving
control rule for both agencies.
or SDVO when there is a surviving spouse or an employee stock ownership

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Document Created: 2018-09-28 01:23:11
Document Modified: 2018-09-28 01:23:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final State agreement.
Dates		The effective date of the Agreement is September 30, 2018.
Contact		Stephen Poy, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555[dash]0001; telephone: 301-415-7135; e-mail: [email protected]
FR Citation		83 FR 48905