Page:United States Statutes at Large Volume 119.djvu/827

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 809

of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); and (II) States that have entered into an agreement with the Commission under that section before the date on which the plan is published. (iii) INCLUSIONS.—The transition plan under clause (ii) shall include— (I) a description of the conditions under which a State may exercise authority over byproduct material; and (II) a statement of the Commission that any agreement covering byproduct material, as defined in paragraph (1) or (2) of section 11e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)), entered into between the Commission and a State under section 274 b. of that Act (42 U.S.C. 2021(b)) before the date of publication of the transition plan shall be considered to include byproduct material, as defined in paragraph (3) or (4) of section 11e. of that Act (42 U.S.C. 2014(e)) (as amended by paragraph (1)), if the Governor of the State certifies to the Commission on the date of publication of the transition plan that— (aa) the State has a program for licensing byproduct material, as defined in paragraph (3) or (4) of section 11e. of the Atomic Energy Act of 1954, that is adequate to protect the public health and safety, as determined by the Commission; and (bb) the State intends to continue to implement the regulatory responsibility of the State with respect to the byproduct material. (D) AVAILABILITY OF RADIOPHARMACEUTICALS.—In promulgating regulations under subparagraph (A), the Commission shall consider the impact on the availability of radiopharmaceuticals to— (i) physicians; and (ii) patients the medical treatment of which relies on radiopharmaceuticals. (5) WAIVERS.— (A) IN GENERAL.—Except as provided in subparagraph (B), the Commission may grant a waiver to any entity of any requirement under this section or an amendment made by this section with respect to a matter relating to byproduct material (as defined in paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) (as amended by paragraph (1))) if the Commission determines that the waiver is in accordance with the protection of the public health and safety and the promotion of the common defense and security. (B) EXCEPTIONS.— (i) IN GENERAL.—The Commission may not grant a waiver under subparagraph (A) with respect to— (I) any requirement under the amendments made by subsection (c)(1); (II) a matter relating to an importation into, or exportation from, the United States for a period

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