[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Notices]
[Pages 50116-50117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24058]
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NUCLEAR REGULATORY COMMISSION
Memorandum of Understanding Between the Nuclear Regulatory
Commission and the National Science Foundation
AGENCY: Nuclear Regulatory Commission.
ACTION: Memorandum of Understanding Between the Nuclear Regulatory
Commission and the National Science Foundation.
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SUMMARY: The Nuclear Regulatory Commission (NRC) and the National
Science Foundation (NSF) have entered into a Memorandum of
Understanding (MOU) to ensure the protection of the public health and
safety and the environment from the hazards of radioactive materials
that may be used in Antarctica pursuant to the Antarctic Treaty, the
Protocol on Environmental Protection to the Antarctic Treaty, and the
Antarctic Conservation Act. The MOU is intended to clarify the
responsibilities of the NSF and the NRC with respect to the safe use of
radioactive materials in Antarctica to avoid any duplication of effort
and ensure efficient management of those materials. The text of the MOU
between the Nuclear Regulatory Commission and the National Science
Foundation follows.
FOR FURTHER INFORMATION CONTACT: Trip Rothschild, Office of the General
Counsel, telephone (301) 415-1611, e-mail [email protected].
Dated at Rockville, Maryland, this 9th day of September 1999.
For the Nuclear Regulatory Commission.
David L. Meyer,
Chief, Rules and Directives Branch, Division of Administrative
Services, Office of Administration.
Memorandum of Understanding Between the National Science Foundation
and the Nuclear Regulatory Commission Concerning the Management of
Radioactive Material in Antarctica
I. Introduction
This Memorandum of Understanding (MOU) describes the
responsibilities of the National Science Foundation (NSF) and the U.S.
Nuclear Regulatory Commission (NRC) in ensuring the protection of the
public health and safety and the environment from the hazards of
radioactive materials that may be used in Antarctica pursuant to the
Antarctic Treaty, the Protocol on Environmental Protection to the
Antarctic Treaty, and the Antarctic Conservation Act.
II. Purpose and Scope
The purpose of this MOU is to clarify the responsibilities of the
NSF and the NRC with respect to the safe use of radioactive materials
in Antarctica in order to avoid any duplication of effort and ensure
efficient management of those materials. Radioactive materials within
the scope of this MOU mean byproduct, source, and special nuclear
materials as defined in Sections 11e., 11z., and 11aa. of the Atomic
Energy Act of 1954 (``AEA''), as amended, and the NRC's regulations
thereunder. Antarctica is defined as that area of the world south of
60 deg. South latitude, as described in the International Antarctic
Treaty (1959) and the Antarctic Conservation Act (16 U.S.C. 2401 et
seq.)
III. Authority and Regulatory Program
A. NSF
Presidential Memorandum #6646, dated February 2, 1982, designates
NSF as the executive Federal manager for the United States Antarctic
Program, assigning the entire management responsibility to the NSF. The
Antarctic Conservation Act (ACA) of 1978, as amended (16 U.S.C. 2401 et
seq.) implements the Antarctic Treaty and the Protocol on Environmental
Protection to the Antarctic Treaty and recognizes NSF as the lead
civilian agency with responsibility for overseeing United States
scientific activities in Antarctica. These include activities involving
the use of source, byproduct, and special nuclear material. Under the
ACA, NSF is directed to issue regulations as are necessary and
appropriate to implement the Treaty, the Protocol and the ACA,
including its waste management and disposal requirements. NSF requires
U.S. citizens to obtain an NSF permit for the use of certain materials
in Antarctica, including radioactive materials, in accordance with
NSF's implementing regulations at 45 CFR Part 671. Within its
regulatory framework, the NSF has adopted as policy the radiation
protection standards for byproduct, source, and special nuclear
material set forth in the NRC regulations at 10 CFR Part 20 and the
Department of Transportation regulations for packaging and transport of
such radioactive materials; and it ensures that the disposal of
radioactive waste generated in Antarctica (but returned to the U.S. for
disposal) is consistent with NRC, EPA and Agreement State requirements.
NSF's ``authorized user'' review/approval process includes protocol
review, certification of training, utilization of appropriate standard
operating procedures/facilities, waste management procedures, and
periodic surveys and inventory control of radioactive material. The NSF
will continue to ensure that any use of source, byproduct, and special
nuclear materials within the NSF's jurisdiction in Antarctica requires
the NSF's authorization through the issuance of permits or other
approvals.
B. NRC
Under the Atomic Energy Act of 1954 (AEA) as amended, the NRC is
responsible for regulating the use of byproduct, source, and special
nuclear material within the United States and its territories,
consistent with its mission to ensure adequate protection of the public
health and safety, to promote the common defense and security, and to
protect the environment. This MOU reflects the understanding of both
parties that the NRC will not exercise any authority under the AEA to
regulate the use of byproduct, source, or special nuclear material in
Antarctica and recognizes the NSF's regulatory oversight, as described
in 45 CFR Part 671 and Foundation policies. The NRC or its Agreement
States, as appropriate, will resume regulatory authority over any
byproduct, source, or special nuclear material that is regulated by the
[[Page 50117]]
NSF in Antarctica if and when such material re-enters the United States
or its territories.
IV. Agency Responsibilities
The following are the offices responsible for this agreement:
For the National Science Foundation: Director, Office of Polar
Programs, National Science Foundation, 4201 Wilson Boulevard,
Arlington, Virginia 22230
For the Nuclear Regulatory Commission: Director, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555
Each agency shall designate the agency organizational unit
responsible for the coordination and management of activities covered
by this MOU. Each agency shall designate the individual(s) who will
serve as the respective coordination officer(s) or point(s) of contact
(POC). The coordination officers or POCs will coordinate and facilitate
actions required by their respective agencies.
V. Elements of Coordination
Both agencies agree to exchange information with respect to
relevant programs and lessons learned, resources permitting. The
purpose of these exchanges is to provide expert technical assistance to
both agencies. The NSF may send designated individuals to NRC-sponsored
training, on a space-available basis, so that NSF staff is familiar
with the NRC programs and its regulatory interpretations. As
appropriate and necessary, the NSF may consult with the NRC for
guidance regarding the interpretation or application of the NRC's
regulations.
VI. Other Laws and Matters
Nothing in this MOU shall be deemed to restrict, modify, or
otherwise limit the application or enforcement of any laws of the
United States with respect to matters specified herein, nor shall
anything in the MOU be construed as modifying the existing authority of
either agency.
VII. Effective Date, Modification, and Termination of MOU
This MOU will take effect when it has been signed and dated by the
authorized representatives of the NSF and the NRC. It may be modified
by mutual written consent, or terminated by either agency upon 60 days
advance written notice to the other agency.
Approved and accepted for the National Science Foundation
Date: August 30, 1999.
By:
Karl A. Erb
Director, Office of Polar Programs, National Science Foundation, 4201
Wilson Boulevard, Arlington, Virginia 22230, Tel: (703) 306-1030
By:
William A. Bryant
Contracting Officer, Division of Contracts, Policy and Oversight,
Office of Budget, Finance and Award Management, National Science
Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230
Approved and accepted for the Nuclear Regulatory Commission
By:
Carl J. Paperiello
Director, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555, Tel: (301) 415-
7357
[FR Doc. 99-24058 Filed 9-14-99; 8:45 am]
BILLING CODE 7590-01-M