[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Page 54354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16932]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0112]


Discontinuation of the State of New York's Sealed Source and 
Device Evaluation and Approval Authority

AGENCY: Nuclear Regulatory Commission.

ACTION: Discontinuation of the State of New York's regulatory authority 
and reassumption of U.S. Nuclear Regulatory Commission's authority.

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SUMMARY: Notice is hereby given that effective August 9, 2023, the U.S. 
Nuclear Regulatory Commission (NRC) has assumed regulatory authority to 
evaluate and approve sealed source and device (SS&D) applications in 
the State of New York and approved the Governor of the State of New 
York's request to relinquish this authority.

DATES: The NRC has assumed regulatory authority for evaluating and 
approving SS&D applications on August 9, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0112 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 https://www.regulations.gov and search for Docket ID NRC-2023-0112. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individuals 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 Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Robert Johnson, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-7314, email: 
[email protected].

SUPPLEMENTARY INFORMATION: Section 274b. of the Atomic Energy Act (AEA) 
of 1954, as amended, provides the authority for NRC to enter into 
agreements with States that allow the States to assume, and the NRC to 
discontinue, regulatory authority over specified AEA radioactive 
materials and activities. On October 15, 1962, New York entered a 
section 274b. Agreement with the Atomic Energy Commission (the 
predecessor regulatory agency to the NRC) to regulate source material, 
byproduct material, and special nuclear material in quantities not 
sufficient to form a critical mass. This Agreement also provides the 
State regulatory authority to evaluate and approve SS&D applications.
    On May 9, 2023, the NRC received a letter from New York Governor 
Kathy Hochul (ADAMS Accession No. ML23131A254) requesting 
discontinuation of the State's regulatory authority to evaluate and 
approve SS&D applications and for reassumption of this authority by the 
NRC. The Commission approved the request and has notified the State of 
New York that effective August 9, 2023, the NRC has reassumed authority 
to evaluate and approve SS&D applications within the State (ADAMS 
Accession No. ML23138A033). The State of New York will retain authority 
to regulate the manufacture and use of SS&Ds within the State in 
accordance with its section 274b. Agreement with the NRC.

    Dated: August 3, 2023.
    For the Nuclear Regulatory Commission.
Brooke P. Clark,
Secretary of the Commission.
[FR Doc. 2023-16932 Filed 8-9-23; 8:45 am]
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