[Federal Register Volume 71, Number 7 (Wednesday, January 11, 2006)]
[Notices]
[Pages 1776-1780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-156]
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NUCLEAR REGULATORY COMMISSION
Radiation Source Protection and Security Task Force; Request for
Public Comment
AGENCY: Nuclear Regulatory Commission.
ACTION: Request for public comment.
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SUMMARY: The Nuclear Regulatory Commission (NRC) has established an
interagency task force to evaluate and make recommendations on the
protection and security of radiation sources. The Radiation Source
Protection and Security Task Force (Task Force) is required by the
Energy Policy Act of 2005. As part of the Task Force's considerations,
it is seeking public input on the major issues before the Task Force.
To aid in that process, the NRC is requesting comments on the issues
discussed in this notice.
[[Page 1777]]
DATES: The comment period expires February 10, 2006. Comments received
after this date will be considered if it is practical to do so, but the
Task Force is able to assure consideration only for comments received
on or before this date.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number (RSPS-TF) in the subject line of
your comments. Comments submitted in writing or in electronic form will
be made available to the public in their entirety. Personal information
will not be removed from your comments.
Mail comments to: Chief, Rules and Directives Branch, Division of
Administrative Services, Office of Administration, Mail Stop T6-D59,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
E-mail comments to: [email protected].
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m., Federal workdays. (Telephone
(301) 415-7163).
Fax comments to: Chief, Rules and Directives Branch, U.S. Nuclear
Regulatory Commission at (301) 415-5144.
Publicly available documents related to this activity may be
examined and copied for a fee at the NRC's Public Document Room (PDR),
Public File Area O1 F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
FOR FURTHER INFORMATION CONTACT: Merri Horn, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, telephone (301) 415-8126, e-mail, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
New section 170H.f. of the Atomic Energy Act, added by section
651(d) by the Energy Policy Act of 2005 (Pub. L. 109-58), requires the
establishment of an inter-agency task force on radiation source
protection and security. The Task Force was established to evaluate and
provide recommendations relating to the security of radiation sources
in the United States from potential criminal or terrorist threats,
including acts of sabotage, theft, or use of a radiation source in a
radiological dispersal device. The Task Force is comprised of
representatives of the NRC, Department of Homeland Security (DHS),
Department of Defense (DOD), Department of Energy (DOE), Department of
Transportation (DOT), Department of Justice (DOJ), Department of State
(DOS), Director of National Intelligence (DNI), Central Intelligence
Agency (CIA), Federal Emergency Management Agency (FEMA), Federal
Bureau of Investigation (FBI), Environmental Protection Agency (EPA),
Office of Science and Technology Policy (OSTP), and Health and Human
Services/Food and Drug Administration (HHS/FDA). The Committee is
chaired by NRC.
The Energy Policy Act of 2005 requires the Task Force to evaluate
and make recommendations for possible regulatory and legislative
changes on several specific topics related to the protection and
security of sources. For the purposes of the Task Force, the Energy
Policy Act of 2005 defines a radiation source as a Category 1 Source or
a Category 2 Source as defined in the Code of Conduct \1\ and any other
material that the Commission, by regulation, defines as a radiation
source for the purposes of section 170H. Spent nuclear fuel and special
nuclear materials (plutonium and uranium isotopes) are excluded. The
Task Force is required to submit its report to Congress and the
President. The first report is to be submitted no later than August 8,
2006, with subsequent reports to be submitted not less than once every
4 years. The topics being considered by the Task Force in the first
report are discussed in section III.
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\1\ ``Code of Conduct on the Safety and Security of Radioactive
Sources,'' approved by the Board of Governors of the International
Atomic Energy Agency and dated September 8, 2003.
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This document provides the public with the opportunity to comment
on the topics to be considered by the Task Force.
II. Request for Written and Electronic Comments
The Task Force is soliciting comments on the topics presented in
section III of this document. Comments may be submitted either in
writing or electronically as indicated under the ADDRESSES heading.
This paper provides some background on the major topics that the Task
Force will be considering.
Based on the comments received in both written or electronic form,
the Task Force will be in a better position to evaluate the issues and
make appropriate recommendations for regulatory or legislative action.
III. Topics for Discussion
The following format is used in the presentation of the topics that
follow. Each topic is assigned a number with a short title, and
includes a topic description paragraph and for some topics, a listing
of factors for consideration. The topics being addressed in this
document are those topics which the Energy Policy Act of 2005 specifies
that the Task Force must address in its report. Other topics may be
considered in future reports. The public and industry are invited to
(1) Address any inconsistencies that may be a cause for concern or are
perceived to present problems in implementation of the program; (2)
address any perceived gaps or overlaps in the programs; (3) provide
suggestions for modifications to the current programs mentioned in each
topic; and (4) propose regulatory or legislative changes for each topic
as appropriate. The public feedback will be considered during the Task
Force's review of each topic. Commenters may also provide topic
suggestions for Task Force consideration in future reports.
Topic No. 1
The list of radiation sources requiring security based on potential
attractiveness of the source to terrorists and the extent of the threat
to public health and safety.
Discussion: The Task Force will evaluate which radiation sources
are required to be secured based on potential attractiveness of the
source to criminals and terrorists and the extent of the threat to
public health and safety. The evaluation is to identify any
inconsistencies in the radiation source lists used by various agencies
and determine whether additional sources should be added to the lists.
Some examples of the source lists used by various agencies follow. The
NRC has issued Orders that impose additional security and control
measures upon a certain subset of NRC and Agreement State licensees.
The isotopes and thresholds used as the basis of the Orders was the
IAEA Code of Conduct Category 1 and Category 2, except radium (Ra)-226,
plus several additional isotopes not listed in the Code of Conduct
[actinium (Ac)-227, polonium (Po)-210, plutonium (Pu)-236, Pu-239, Pu-
240, thorium (Th)-228, and Th-229]. In addition, the NRC has issued
Orders, and the Agreement States have issued legally-binding
requirements, to a larger subset of their respective licensees,
requiring implementation of additional security and control measures.
The isotopes and thresholds used as the basis was the IAEA Code of
Conduct Category 1 and Category 2, except Ra-226. The NRC has also
issued Orders to licensees related to transportation of radioactive
material in quantities of concern. The isotopes and thresholds used as
the basis for the transportation Orders was the IAEA Code of Conduct
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Category 1 threshold, except Ra-226. NRC has also issued a final rule
on the import and export of radioactive material (70 FR 37985; July 1,
2005). The list of isotopes and thresholds used as the basis of the
final rule was the Category 1 and Category 2 thresholds as defined by
the Code of Conduct, except Ra-226. The NRC plans to issue a final rule
to add Ra-226 to the import and export radioactive material listing.
The NRC has also issued a proposed rule on National Source Tracking of
Sealed Sources (70 FR 43646; July 28, 2005). The isotopes and
thresholds for the tracking system are any source equal to or greater
than the Category 2 threshold for the isotopes in the Code of Conduct,
plus several additional isotopes (Ac-227, Po-210, Th-228, and Th-229).
Commenters are invited to provide input on whether any inconsistencies
in the radiation source lists used for different purposes are a cause
for concern, what additional sources should be added to the list(s),
and why they should be added to the list(s). Factors to be considered
include: Radiation source activity levels; radioactive half-life;
dispersability; chemical and material form; the availability of the
source to physicians and patients for medical use; consistency with the
IAEA Code of Conduct; consequence and risk of malevolent use, and any
other factors determined to be appropriate. If other factors are
suggested for consideration, the commenter should explain the basis for
including the factor. Commenters are invited to provide input on which
factors are more important and should be emphasized.
Topic 2
The national system for recovery of lost or stolen radiation
sources.
Discussion: There are several activities that make up the system
for the recovery of lost or stolen sources. One of the key aspects is
to prevent radiation sources from being lost or stolen in the first
place. NRC, Agreement States, and DOE have requirements for the safe
and secure use of radioactive material. NRC regulations require
licensees to secure licensed materials that are stored in controlled or
unrestricted areas from unauthorized removal or access. NRC regulations
also require licensees to control and maintain constant surveillance of
licensed material that is in a controlled or unrestricted area and that
is not in storage. Agreement States have similar requirements.
Programs intended to foster better control of sources include the
NRC's General License Tracking System (GLTS), the planned National
Source Tracking System, and the NRC's lost source enforcement policy
(December 18, 2000; 65 FR 79139). The enforcement policy involves a
civil penalty that is 3 times the cost of disposal for a source. This
policy is intended to discourage licensees from improperly disposing of
a source by lessening the possible financial attractiveness of
abandoning the source rather than disposing of it properly.
There is also a program for orphan and unwanted sources. Emergency
source recoveries are handled under a NRC/DOE Memorandum of
Understanding (65 FR 1184; January 7, 2000). Unwanted sources are
handled under DOE's Off-Site Source Recovery Program (OSRP). The
Conference on Radiation Control Program Directors has a national orphan
radioactive material disposition program that tries to match unwanted
sources that do not have disposal options (or are not readily available
or affordable) with licensees that could use the source.
Another aspect of the national system for recovery of lost or
stolen radiation sources is the requirement to report lost or stolen
material to the appropriate regulatory agency. For the radioactive
sources being considered by the Task Force, the regulations in 10 CFR
20.2201 require NRC licensees to immediately upon discovery, report
lost, stolen, or missing material to the NRC Operations Center.
Agreement States have similar requirements. NRC and the Agreement
States have procedures for handling the reports of lost, stolen or
missing material and for coordinating with local, state, and Federal
agencies to seek prompt recovery of such material. There is also a
Trilateral Initiative between the United States, Mexico, and Canada on
the reporting of lost or stolen sources. In addition, the U.S.
Government is cooperating with the IAEA and other nations in tracking
and combating illicit trafficking of radioactive material. Commenters
are invited to provide input on inconsistencies or perceived gaps or
overlaps in the source recovery system. If commenters provide
recommendations for improvement of the source recovery program, they
should explain the basis for the recommended measure.
Topic 3
Storage of radiation sources that are not used in a safe and secure
manner.
Discussion: NRC, Agreement States, and DOE have requirements for
the safe and secure storage of radiation sources, whether in temporary
or long-term storage. NRC regulations require licensees to secure from
unauthorized removal or access licensed materials that are stored in
controlled or unrestricted areas. NRC's radiation protection standards
are located in 10 CFR part 20. Requirements on use of radiation sources
are located in 10 CFR parts 30, 32, 33, 34, 35, 36, 39, and 70 for the
various types and quantities of material. Agreement States have similar
requirements. DOE's radiation protection standards are located in 10
CFR Part 810. Commenters should address inconsistencies in storage
requirements, whether changes to existing requirements for storage of
sources are warranted, and explain the basis for any recommended
changes.
Topic 4
The national source tracking system for radiation sources.
Discussion: The requirements for the National Source Tracking
System (NSTS) were addressed by an Interagency Coordinating Committee
on source tracking. The Committee developed the high-level requirements
for the tracking system. NRC is using these high-level requirements to
inform the development of the system and the development of a rule. The
NRC published the proposed rule on National Source Tracking for public
comment (70 FR 43646; July 28, 2005). The final rule is scheduled to be
published no later than August 8, 2006. The final rule could likely
require transaction reporting for Category 1 and Category 2 sources,
plus Ac-227, Po-210, Th-228, and Th-229. These additional radionuclides
were added because they are used in the DOE lab system, although they
are rarely, if ever, used in these quantities in the civilian sector.
The transactions to be reported include manufacture, transfer, receipt,
disassembly, and disposal. The final rule also could require that a
licensee's initial inventory of Category 1 and Category 2 sources be
reported. In addition, import/export notifications will be recorded in
the system, as well as reports of lost, stolen, or missing Category 1
and Category 2 sources. The system is intended to capture the domestic
life cycle history of each tracked source and will begin operation in
mid 2007. The system will contain information on sources possessed by
NRC licensees, Agreement State licensees, and DOE facilities. Factors
to be considered include whether additional sources should be added to
the tracking system, whether different thresholds should be considered
(particularly Category 3 quantities of the IAEA Code of Conduct
radionuclides of concern), and whether additional transaction reporting
should be required. Commenters are invited to
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make suggestions for future modifications to the system and explain the
basis for any recommended changes.
Topic 5
A national system to provide for the proper disposal of radiation
sources.
Discussion: NRC, Agreement States, and DOE have requirements
concerning decommissioning and proper disposal of radiation sources.
Many licensees return radiation sources to the manufacturer at the end
of the useful source life. If sources are disposed of, it must be at an
authorized facility. Some of the radiation sources would be considered
Greater than Class C (GTCC) waste if they were to be disposed. Disposal
options are limited for GTCC waste. (GTCC waste means low-level
radioactive waste that exceeds the concentration limits of
radionuclides established for Class C waste in 10 CFR 61.55.)
NRC regulations on radiological criteria for license termination
are in 10 CFR part 20, subpart E and requirements for disposal of
material are located in 10 CFR part 20, Subpart K. Agreement States
have similar requirements. NRC and Agreement States also have
requirements concerning decommissioning funding. NRC's decommissioning
financial assurance requirements are located at 10 CFR 30.35. Part
30.35 establishes thresholds for sealed sources containing byproduct
material below which financial assurance is not required. For the most
commonly used radionuclides, these thresholds are above the threshold
for a Category 1 or Category 2 source. However, the threshold is based
on total authorized possession limits and not on individual sources.
NRC's lost source enforcement policy (December 18, 2000; 65 FR 79139)
provides a civil penalty of 3 times the disposal cost for improperly
disposed sources. Commenters are invited to address available disposal
options and the adequacy of decommissioning funding requirements.
Commenters are also invited to address the need for user fees to
provide for the proper disposal of radiation sources. The basis for any
recommendations should be included as part of the comments.
Topic 6
Import and export controls on radiation sources to ensure that
recipients of radiation sources are able and willing to adequately
control radiation sources.
Discussion: NRC and DOE have programs controlling the import and
export of radiation sources. The DOE program applies to DOE facilities
and the NRC program applies to all other entities. Entities must have a
NRC export license to export radiation sources to other countries or an
NRC import license to import radiation sources from other countries.
NRC's regulations governing import and export of radiation sources are
located in 10 CFR part 110. The final rule on import/export of Category
1 and Category 2 levels of radioactive material was published on July
1, 2005 (70 FR 37985), and became effective on December 28, 2005. The
rule requires a specific license for import or export of Category 1 and
Category 2 radiation sources, except Ra-226. An amendment will soon be
promulgated to add Ra-226 to the regulations as mandated by the Energy
Policy Act of 2005. The principal criterion for approving exports is a
finding that the export is not inimical to the common defense and
security of the United States. This finding is relevant to both the
nuclear proliferation significance of exports and the related security
concerns about radioactive material falling into the hands of non-
country organizations, including terrorist groups. In making its
inimicality determination, the Commission will, in consultation with
the Executive Branch, consider whether the importing country has the
technical and administrative capability, and the resources and
regulatory structure to manage radioactive material in a safe and
secure manner. Commenters are invited to address any perceived gaps in
the requirements for import and export controls and whether additional
controls are necessary and why.
Topic 7
Procedures for improving the security and control for use and
storage of radiation sources.
Discussion: NRC, Agreement States, and DOE have requirements for
the safe and secure use of radiation sources. DOE requirements for
radiation protection are located in 10 CFR Part 810. NRC regulations
for the safe and secure use of radiation sources can be found in 10 CFR
Parts 20, 30, 32, 33, 34, 35, 36, 39, and 70. The requirements include
a requirement for conducting physical inventories. Agreement States
have similar requirements. In addition, both NRC and Agreement States
have imposed additional controls on licensees via Orders or other
legally binding requirements. Some of the Orders contain sensitive
information that is not available to the public. These additional
security and control measures address access control; monitoring,
detecting, assessing, and responding to intrusions; liaison with local
law enforcement agencies; background investigations; protecting against
unauthorized disclosure of sensitive unclassified information; license
verification; shipments and transfers (domestic); and imports and
exports. Both NRC and Agreement States have inspection programs to
evaluate whether licensees are meeting the requirements and can take
enforcement actions against licensees to ensure compliance. Commenters
are invited to provide input on inconsistencies in the requirements,
any perceived overlaps in the requirements, and additional measures
needed to address perceived gaps in the requirements. If commenters
provide input for improvements of the programs, they should explain the
basis for the recommended measure.
Topic 8
Procedures for improving the security of transportation of
radiation sources.
Discussion: NRC, DHS, and DOT have requirements and procedures
related to transportation of radiation sources. Regulations governing
transportation of radiation sources can be found in 10 CFR part 49
(DOT) and 10 CFR part 71 (NRC). Transportation security issues includes
domestic shipments, import/export shipments, in-bond shipments, and
transhipments. NRC has also issued Orders to licensees to enhance the
security of transportation of radioactive material in quantities of
concern (above Category 1 threshold in the IAEA Code of Conduct). These
Orders contain sensitive information that is not available to the
public. However, they generally address preplanning and coordination,
advance notification of shipments, control and monitoring of underway
shipments, trustworthiness and reliability, and information security.
Transportation security for IAEA Category 2 quantities was included in
the additional controls discussed in Topic 7 above. Commenters are
invited to provide input on inconsistencies in the transportation
requirements, any perceived overlaps in the requirements, and
additional measures needed to address perceived gaps in the
requirements. If commenters provide input for improvements of the
programs, they should explain the basis for the recommended measure.
Topic 9
Background checks for individuals with access to radiation sources.
Discussion: NRC, DOE, and DOT have requirements for background
checks for individuals that have access to radiation sources during
use, storage, or
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transportation. DOT requires a security threat assessment including
fingerprinting and an intelligence and immigration check for the
drivers of trucks hauling certain radioactive sources. The Energy
Policy Act of 2005 amends section 149 of the Atomic Energy Act to
require fingerprinting, for criminal history check purposes, for
individuals or entities that are: (1) Licensed or certified to engage
in an activity subject to regulation by the Commission; (2) have filed
an application for a license or certificate to engage in an activity
subject to regulation by the Commission; or (3) have notified the
Commission in writing of an intent to file an application for
licensing, certification, permitting, or approval of a product or
activity subject to regulation by the Commission. The key employees of
these entities would be required to be fingerprinted if they have,
among other things: (1) Unescorted access to radioactive material or
other property subject to regulation by the Commission that the NRC
determines to be of such significance to the public health and safety
or the common defense and security as to warrant fingerprinting and
background checks; or (2) access to Safeguards Information.
Commenters are invited to provide input on inconsistencies in the
requirements, any perceived overlaps in the requirements, and any
additional measures needed to address perceived gaps in the background
check requirements. If commenters provide input for improvements of the
programs, they should explain the basis for the recommended measure.
Topic 10
Alternative technologies.
Discussion: EPA and NRC have conducted and/or sponsored research in
the area of alternative technologies. Some of the projects are ongoing.
As required by the Energy Policy Act of 2005, NRC has recently entered
into an arrangement with the National Academy of Sciences to conduct an
analysis of alternative technologies. The effort will not be concluded
until 2007. Alternative technologies may be available that could
perform some or all of the functions performed by devices or processes
that employ radiation sources. Use of these alternative technologies
could result in the reduction in the number of radiation sources or in
the replacement of radiation sources with sources that would pose a
lower risk to the public health and safety in the event of an accident
or attack involving the radiation source. Commenters are invited to
provide information on potential impacts of the use of alternative
technologies and information on potential alternative technologies for
consideration by the Task Force. Commenters are also invited to suggest
regulatory approaches and possible incentives that could encourage the
use of alternative technologies.
Dated at Rockville, Maryland, this 5th day of January, 2006.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E6-156 Filed 1-10-06; 8:45 am]
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