Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 150 and 170

RIN 3150-AF49

Recognition of Agreement State Licenses in Areas Under Exclusive

Federal Jurisdiction Within an Agreement State

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend

its regulations to clarify that Agreement State licensees can seek

reciprocal recognition of their license from the NRC when they are

working within areas of exclusive Federal jurisdiction in Agreement

States. The proposed amendments would also clarify NRC regulatory

requirements for reciprocity and the appropriate fees and filing

procedures applicable to Agreement State licensees operating under

reciprocity.

DATES: The comment period expires September 3, 1996. Comments received

after this date will be considered if it is practical to do so, but the

Commission is able to assure consideration only for comments received

on or before this date.

ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555-0001. Attention: Docketing and Service

Branch.

Hand deliver comments to: 11555 Rockville Pike, Rockville,

Maryland, between 7:45 am and 4:15 pm on Federal workdays.

For information on submitting comments electronically, see the

discussion under Electronic Access in the Supplementary Information

Section.

Certain documents related to this rulemaking, including comments

received, may be examined at the NRC Public Document Room, 2120 L

Street NW. (Lower Level), Washington, DC. These same documents may also

be viewed and downloaded electronically via the Electronic Bulletin

Board established by NRC for this rulemaking as discussed under

Electronic Access in the Supplementary Information Section.

Certain documents related to this rulemaking, including comments

received, may be examined at the NRC Public Document Room, 2120 L

Street NW. (Lower Level), Washington, DC. These same documents may also

be viewed and downloaded electronically via the Electronic Bulletin

Board established by NRC for this rulemaking as discussed under

Electronic Access in the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Office of the General

Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,

telephone (301) 415-1623, e-mail [email protected] or Mark Haisfield, Office

of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001, telephone (301) 415-6196, e-mail

[email protected].

SUPPLEMENTARY INFORMATION:

Background

Currently, subject to certain restrictions, any person who holds a

specific license from an Agreement State may conduct activities

permitted by that license in non-Agreement States and offshore waters

using an NRC general license. The general license is granted under the

authority contained in 10 CFR 150.20, ``Recognition of Agreement State

Licenses.'' To meet the requirements of Sec. 150.20, licensees must

submit an NRC Form 241 at least 3 days before engaging in the

activities (subject to some exceptions as noted in Sec. 150.20). If an

Agreement State licensee does not qualify for a general license under

Sec. 150.20, the licensee must apply for and obtain a specific license

to work in areas of NRC jurisdiction.

Need for Proposed Regulatory Action

he requirements of Sec. 150.20, licensees must

submit an NRC Form 241 at least 3 days before engaging in the

activities (subject to some exceptions as noted in Sec. 150.20). If an

Agreement State licensee does not qualify for a general license under

Sec. 150.20, the licensee must apply for and obtain a specific license

to work in areas of NRC jurisdiction.

Need for Proposed Regulatory Action

The NRC believes that there are several problems with the current

regulations in Sec. 150.20 that necessitate a rulemaking. First, the

current regulation does not include provisions to allow Agreement State

licensees to qualify for an NRC general license when operating in areas

of exclusive Federal jurisdiction within Agreement States. Second,

there has been some confusion regarding the NRC regulations applicable

to Agreement State licensees operating in areas of NRC jurisdiction

pursuant to Sec. 150.20. Third, Sec. 150.20 does not reference the

appropriate fee requirements applicable to Agreement State licensees

who file an NRC Form 241. Finally, there has been some confusion

regarding the filing procedures for an NRC Form 241.

Proposed Regulatory Action

Exclusive Federal Jurisdiction

The current wording of Sec. 150.20 has created confusion for

Agreement State licensees operating in areas of exclusive Federal

jurisdiction within Agreement States. An area of exclusive Federal

jurisdiction is an area over which the Federal Government exercises

legal control without interference from the jurisdiction and

administration of State law. Areas of exclusive Federal jurisdiction

exist in both Agreement and non-Agreement States. Because the Federal

Government has sole authority over areas of exclusive Federal

jurisdiction in Agreement States, the NRC has jurisdiction over Atomic

Energy Act activities conducted in those areas

ment exercises

legal control without interference from the jurisdiction and

administration of State law. Areas of exclusive Federal jurisdiction

exist in both Agreement and non-Agreement States. Because the Federal

Government has sole authority over areas of exclusive Federal

jurisdiction in Agreement States, the NRC has jurisdiction over Atomic

Energy Act activities conducted in those areas. The notification

procedures (use of an NRC Form 241) regarding general licenses for

Agreement State licensees seeking to operate in areas of NRC

jurisdiction (i.e., non-Agreement States and offshore waters) are in

Sec. 150.20.

There is, however, no specific provision in Sec. 150.20 to indicate

that the NRC may grant reciprocity to Agreement State licensees to

conduct activities in areas of exclusive Federal jurisdiction within an

Agreement State. The current regulation only authorizes a general

license for activities conducted in non-Agreement States, whether or

not in an area of exclusive Federal jurisdiction within that non-

Agreement State, and offshore waters. Despite the omission in the

regulation, the NRC staff, under current practice, permits an Agreement

State licensee to operate in an area of exclusive Federal jurisdiction

within the Agreement State if the licensee submits an acceptable NRC

Form 241.

The lack of a specific reference to areas of exclusive Federal

jurisdiction has caused confusion for licensees, Agreement States, and,

occasionally, the NRC staff in interpreting the coverage of the

reciprocity provisions in Sec. 150.20. To alleviate these concerns,

this rulemaking would amend Sec. 150.20 to provide a specific reference

to areas of exclusive Federal jurisdiction.

Regulatory Requirements Applicable to Sec. 150.20 Licensees

lusive Federal

jurisdiction has caused confusion for licensees, Agreement States, and,

occasionally, the NRC staff in interpreting the coverage of the

reciprocity provisions in Sec. 150.20. To alleviate these concerns,

this rulemaking would amend Sec. 150.20 to provide a specific reference

to areas of exclusive Federal jurisdiction.

Regulatory Requirements Applicable to Sec. 150.20 Licensees

The specific references to other NRC regulatory requirements in

Sec. 150.20 also constitute a source of confusion. According to

Sec. 150.20(b), persons operating under the general license must comply

with a variety of specific NRC regulatory requirements. However,

Sec. 150.20 does not specifically reference all NRC regulations that

are applicable to materials licensees. To alleviate any potential

confusion, the new Sec. 150.20 would indicate clearly that licensees

operating pursuant to the rule's provisions must comply with all NRC

regulations applicable to materials licensees.

This amendment would be consistent with the original intent of the

rule. When originally issued in 1962 (27 FR 1351, February 14, 1962),

Sec. 150.20 required Agreement State licensees to comply with ``the

appropriate provisions of 10 CFR parts 20, 30, 31, 40, and 70'' of the

Commission's regulations. The rule required compliance with all NRC

regulations applicable to NRC materials licensees at that time. In

1965, many of the requirements in 10 CFR part 30 were relocated to

newly created regulatory provisions in 10 CFR parts 32, 33, 34, 35, and

36 (30 FR 8185, June 26, 1965). A conforming amendment to Sec. 150.20

was not made in response to this change. Since 1965, specific

requirements have been added to Sec. 150.20 that may have created the

impression that certain NRC requirements otherwise applicable to

materials licensees are not applicable to general licensees under

Sec. 150.20. This is not the case. It is NRC's position that Agreement

State licensees operating in areas of NRC jurisdiction pursuant to

Sec

de in response to this change. Since 1965, specific

requirements have been added to Sec. 150.20 that may have created the

impression that certain NRC requirements otherwise applicable to

materials licensees are not applicable to general licensees under

Sec. 150.20. This is not the case. It is NRC's position that Agreement

State licensees operating in areas of NRC jurisdiction pursuant to

Sec. 150.20 must comply with those regulations applicable to NRC

licensees. This proposed amendment would clarify the applicable

requirements.

Fees Imposed on Agreement State Licensees Operating Under Reciprocity

The proposed amendment would add appropriate references to

Sec. 150.20 regarding the relevant fee requirements in 10 CFR part 170.

The fee schedule in 10 CFR part 170 was updated to indicate that there

will be a charge for licensee revisions to an NRC Form 241 in addition

to the initial filing fee. A clarification to an NRC Form 241 does not

require a fee. Specific definitions for a revision versus a

clarification will be provided in the instructions to the NRC Form 241.

In addition, this proposed amendment would involve a minor

conforming change to the schedule for materials fees in Sec. 170.31,

``Schedule of Fees for Materials Licenses and Other Regulatory

Services, Including Inspections, and Import and Export Licenses,'' to

clarify that the fee requirement applies to activities conducted under

reciprocity pursuant to Sec. 150.20 regardless of the location of the

activities.

Filing Procedures

ould involve a minor

conforming change to the schedule for materials fees in Sec. 170.31,

``Schedule of Fees for Materials Licenses and Other Regulatory

Services, Including Inspections, and Import and Export Licenses,'' to

clarify that the fee requirement applies to activities conducted under

reciprocity pursuant to Sec. 150.20 regardless of the location of the

activities.

Filing Procedures

The proposed amendment would also clarify the procedures for filing

an NRC Form 241 for reciprocity described in Sec. 150.20(b). The

clarifications include identifying what needs to be submitted,

specifying the procedure to use when an emergency filing is necessary,

making revisions to the initial filing, and for radiography licensees,

emphasizing the need for a transportation quality assurance program.

These clarifications will not impose any additional requirements on the

Agreement State licensee.

Compatibility of Agreement State Regulations

The provisions in Sec. 150.20 would continue to be a Division 1

matter of compatibility. The Commission is currently developing

implementing procedures for a new Adequacy and Compatibility Policy

that was approved by the Commission on June 29, 1995. The Commission

expects that the approach to these matters in the new procedures will

be consistent with the approach discussed here.

Electronic Access

Comments may be submitted electronically, in either ASCII text or

WordPerfect format (version 5.1 or later), by calling the NRC

Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be

accessed using a personal computer, a modem, and one of the commonly

available communications software packages, or directly via Internet.

Background documents on the rulemaking are also available, as

practical, for downloading and viewing on the bulletin board.

If using a personal computer and modem, the NRC rulemaking

subsystem on FedWorld can be accessed directly by dialing the toll free

number (800) 303-9672

onal computer, a modem, and one of the commonly

available communications software packages, or directly via Internet.

Background documents on the rulemaking are also available, as

practical, for downloading and viewing on the bulletin board.

If using a personal computer and modem, the NRC rulemaking

subsystem on FedWorld can be accessed directly by dialing the toll free

number (800) 303-9672. Communication software parameters should be set

as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1).

Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem

can then be accessed by selecting the ``Rules Menu'' option from the

``NRC Main Menu.'' Users will find the ``FedWorld Online User's

Guides'' particularly helpful. Many NRC subsystems and data bases also

have a ``Help/Information Center'' option that is tailored to the

particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial

phone number for the main FedWorld BBS, (703) 321-3339, or by using

Telnet via Internet: fedworld.gov. If using (703) 321-3339 to contact

FedWorld, the NRC subsystem will be accessed from the main FedWorld

menu by selecting the ``Regulatory, Government Administration and State

Systems,'' then selecting ``Regulatory Information Mall.'' At that

point, a menu will be

displayed that has an option ``U.S. Nuclear Regulatory Commission''

that will take you to the NRC Online main menu. The NRC Online area

also can be accessed directly by typing ``/go nrc'' at a FedWorld

command line. If you access NRC from FedWorld's main menu, you may

return to FedWorld by selecting the ``Return to FedWorld'' option from

the NRC Online Main Menu. However, if you access NRC at FedWorld by

using NRC's toll-free number, you will have full access to all NRC

systems, but you will not have access to the main FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and

menus, including the Rules Menu

's main menu, you may

return to FedWorld by selecting the ``Return to FedWorld'' option from

the NRC Online Main Menu. However, if you access NRC at FedWorld by

using NRC's toll-free number, you will have full access to all NRC

systems, but you will not have access to the main FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and

menus, including the Rules Menu. Although you will be able to download

documents and leave messages, you will not be able to write comments or

upload files (comments). If you contact FedWorld using FTP, all files

can be accessed and downloaded but uploads are not allowed; all you

will see is a list of files without descriptions (normal Gopher look).

An index file listing all files within a subdirectory, with

descriptions, is available. There is a 15-minute time limit for FTP

access.

Although FedWorld also can be accessed through the World Wide Web,

like FTP, that mode only provides access for downloading files and does

not display the NRC Rules Menu.

For more information on NRC bulletin boards call Mr. Arthur Davis,

Systems Integration and Development Branch, NRC, Washington, DC 20555-

0001, telephone (301) 415-5780; e-mail AXD[email protected].

Environmental Impact: Categorical Exclusion

The Commission has determined that this proposed regulation is the

type of action described as a categorical exclusion in 10 CFR

51.22(c)(1). Therefore, neither an environmental impact statement nor

an environmental assessment has been prepared for this proposed

regulation.

Paperwork Reduction Act Statement

This proposed rule does not contain a new or amended information

collection requirement subject to the Paper 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

censees and Agreement States the conditions under which an

Agreement State licensee can operate within an area of exclusive

Federal jurisdiction. Because NRC resources to amend Sec. 150.20 are

estimated to be about one-half of a staff year, this is a cost

effective one-time use of resources. This constitutes the regulatory

analysis for this proposed rule.

Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.

605(b), the Commission certifies that this rule, if adopted, will not

have a significant economic impact upon a substantial number of small

entities.

The rulemaking would not impose any new requirements or additional

costs to licensees because the rulemaking would codify current practice

that allows Agreement State licensees to work under an NRC general

license. Because this proposed rulemaking would improve the clarity and

consistency of NRC's regulations, it could benefit Agreement State

licensees operating in areas of exclusive Federal jurisdiction.

Any small entity subject to this regulation which determines that,

because of its size, it is likely to bear a disproportionate adverse

economic impact should notify the Commission of this in a comment that

indicates the following:

(a) The licensee's size and how the proposed regulation would

result in a significant economic burden upon the licensee as compared

to the economic burden on a larger licensee.

(b) How the proposed regulations could be modified to take into

account the licensee's differing needs or capabilities.

(c) The benefits that would accrue, or the detriments that would be

avoided, if the proposed regulations were modified as suggested by the

licensee.

(d) How the proposed regulation, as modified, would more closely

equalize the impact of regulations or create more equal access to the

benefits of Federal programs as opposed to providing special advantages

to any individual or group.

bilities.

(c) The benefits that would accrue, or the detriments that would be

avoided, if the proposed regulations were modified as suggested by the

licensee.

(d) How the proposed regulation, as modified, would more closely

equalize the impact of regulations or create more equal access to the

benefits of Federal programs as opposed to providing special advantages

to any individual or group.

(e) How the proposed regulation, as modified, would still

adequately protect public health and safety.

Backfit Analysis

The NRC has determined that the backfit rule, 10 CFR 50.109, does

not apply to this proposed rule, and therefore, a backfit analysis is

not required, because these amendments do not involve any provisions

that would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects

10 CFR Part 150

Criminal penalties, Hazardous materials transportation,

Intergovernmental relations, Nuclear materials, Reporting and

recordkeeping requirements, Security measures, Source material, Special

nuclear material.

10 CFR Part 170

Byproduct material, Import and export licenses, Intergovernmental

relations, Non-payment penalties, Nuclear materials, Nuclear power

plants and reactors, Source material, Special nuclear material.

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. 553, the NRC is proposing to

adopt the following amendments to 10 CFR parts 150 and 170.

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).

opt the following amendments to 10 CFR parts 150 and 170.

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.

L. 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).

2. Section 150.20 is amended by revising paragraphs (a), the

introductory text of (b), (b)(1), and the introductory text of (c),

redesignating paragraphs (b)(2) through (b)(4) as paragraphs (b)(4)

through (b)(6), revising redesignated paragraphs (b)(4) and (b)(5), and

adding new paragraphs (b)(2) and (b)(3) to read as follows:

Sec. 150.20 Recognition of Agreement State licenses.

(a)(1) Provided that the provisions of paragraph (b) of this

section have been met, any person who holds a specific license from an

Agreement State, where the licensee maintains an office for directing

the licensed activity and retaining radiation safety records, is

granted a general license to conduct the same activity in--

(i) Non-Agreement States;

(ii) Areas of exclusive Federal jurisdiction within Agreement

States; and

(iii) Offshore waters.

(2) The provisions of paragraph (a)(1) of this section do not apply

if the specific Agreement State license limits the authorized activity

to a specific installation or location.

g radiation safety records, is

granted a general license to conduct the same activity in--

(i) Non-Agreement States;

(ii) Areas of exclusive Federal jurisdiction within Agreement

States; and

(iii) Offshore waters.

(2) The provisions of paragraph (a)(1) of this section do not apply

if the specific Agreement State license limits the authorized activity

to a specific installation or location.

(b) Notwithstanding any provision to the contrary in any specific

license issued by an Agreement State to a person engaging in activities

in a non-Agreement State, an area of exclusive Federal jurisdiction

within an Agreement State, or in offshore waters under the general

licenses provided in this section, the general licenses provided in

this section are subject to all the provisions of the Act, now or

hereafter in effect, and to all valid rules, regulations and orders of

the Commission including the provisions of Secs. 30.7 (a) through (f),

30.9, 30.10, 30.14(d), 30.34, 30.41, 30.51 to 30.63, inclusive, of part

30 of this chapter; Secs. 40.7 (a) through (f), 40.9, 40.10, 40.41,

40.51, 40.61, 40.63 inclusive, 40.71 and 40.81 of part 40 of this

chapter; Secs. 70.7 (a) through (f), 70.9, 70.10, 70.32, 70.42, 70.51

to 70.56, inclusive, 70.60 to 70.62, inclusive, and to the provisions

of 10 CFR parts 19, 20, and 71 and subpart B of part 34, Secs. 39.15

and 39.31 through 39.77, inclusive, of part 39 of this chapter. In

addition, any person engaging in activities in non-Agreement States,

areas of exclusive Federal jurisdiction within Agreement States, or in

offshore waters under the general licenses provided in this section:

, 70.60 to 70.62, inclusive, and to the provisions

of 10 CFR parts 19, 20, and 71 and subpart B of part 34, Secs. 39.15

and 39.31 through 39.77, inclusive, of part 39 of this chapter. In

addition, any person engaging in activities in non-Agreement States,

areas of exclusive Federal jurisdiction within Agreement States, or in

offshore waters under the general licenses provided in this section:

(1) Except as specified in paragraph (c) of this section, shall, at

least 3 days before engaging in each such activity for the first time

in a calendar year, file an NRC Form 241, ``Report of Proposed

Activities in Non-Agreement States,'' 4 copies of its Agreement State

specific license, and the appropriate fee as prescribed in Sec. 170.31

of this chapter with the Regional Administrator of the U.S. Nuclear

Regulatory Commission Regional Office listed on the NRC Form 241 and in

appendix D of part 20 of this chapter for the Region in which the

Agreement State that issued the license is located. If an acceptable

method for filing 3 days before engaging in activities under

reciprocity is not available to the licensee, because of an emergency

or other reasons, the Regional Administrator may waive the 3-day time

requirement provided the Agreement State licensee informs the Region by

telephone, facsimile, an NRC Form 241, or letter of initial activities

or revisions to the information submitted on the initial NRC Form 241,

receives oral or written authorization for the activity from the

Region, and files an NRC Form 241, 4 copies of the Agreement State

license, and the fee payment within 3 days after the notification.

(2) Licensees that seek changes in work locations, radioactive

material, or work activities different from the information contained

on the initial NRC Form 241 must file an amended NRC Form 241 or letter

and the appropriate fee as prescribed in Sec. 170.31 of this chapter

with the Regional Administrator.

the Agreement State

license, and the fee payment within 3 days after the notification.

(2) Licensees that seek changes in work locations, radioactive

material, or work activities different from the information contained

on the initial NRC Form 241 must file an amended NRC Form 241 or letter

and the appropriate fee as prescribed in Sec. 170.31 of this chapter

with the Regional Administrator.

(3) Licensees engaging in radiography activities must comply with

Sec. 71.12 of this chapter, including quality assurance program

requirements for transportation.

(4) Shall not, in any non-Agreement State, area of exclusive

Federal jurisdiction within an Agreement State, or in offshore waters,

transfer or dispose of radioactive material possessed or used under the

general licenses provided in this section, except by transfer to a

person

(i) Specifically licensed by the Commission to receive such

material, or

(ii) Exempt from the requirements for a license for such material

under Sec. 30.14 of this chapter;

(5) Shall not, under the general license concerning activities in

non-Agreement States or in areas of exclusive Federal jurisdiction

within Agreement States, possess or use radioactive materials, or

engage in the activities authorized in paragraph (a) of this section,

for more than 180 days in any calendar year, except that the general

license in paragraph (a) of this section concerning activities in

offshore waters authorizes that person to possess or use radioactive

materials, or engage in the activities authorized, for an unlimited

period of time.

* * * * *

radioactive materials, or

engage in the activities authorized in paragraph (a) of this section,

for more than 180 days in any calendar year, except that the general

license in paragraph (a) of this section concerning activities in

offshore waters authorizes that person to possess or use radioactive

materials, or engage in the activities authorized, for an unlimited

period of time.

* * * * *

(c) A person engaging in activities in offshore waters under the

general license provided for that purpose in paragraph (a) of this

section need not file an NRC Form 241 with the Commission under

paragraph (b)(1) of this section, provided, that:

* * * * *

PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT

LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT

OF 1954, AS AMENDED

3. The authority citation for part 170 continues to read as

follows:

Authority: 31 U.S.C. 9701, sec. 301, Pub. L. 92-314, 86 Stat.

222 (42 U.S.C. 2201w); sec. 201, 88 Stat. 1242, as amended (42

U.S.C. 5841); sec 205, Pub. L. 101-576, 104 Stat 2842, (31 U.S.C.

902).

4. Section 170.31 is amended by revising the introductory text of

Category 16 of the Schedule of Materials Fees to read as follows:

Sec. 170.31 Schedule of fees for materials licenses and other

regulatory services, including inspections, and import and export

licenses.

* * * * *

16. Reciprocity:

Agreement State licensees who conduct activities under the reciprocity

provisions of 10 CFR 150.20:

* * * * *

Dated at Rockville, MD, this 7th day of June, 1996.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 96-15402 Filed 6-17-96; 8:45 am]

BILLING CODE 7590-01-P