[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

[[Page 1778]]

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

[[Page 1779]]

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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