[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Rules and Regulations]
[Pages 65686-65709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18713]
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Part IV
Nuclear Regulatory Commission
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10 CFR Parts 20 and 32
National Source Tracking of Sealed Sources; Final Rule
Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 /
Rules and Regulations
[[Page 65686]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 20 and 32
RIN 3150-AH48
National Source Tracking of Sealed Sources
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to implement a National Source Tracking System for certain
sealed sources. The amendments require licensees to report certain
transactions involving these sealed sources to the National Source
Tracking System. These transactions include manufacture, transfer,
receipt, disassembly, or disposal of nationally tracked sources. The
amendments also require each licensee to provide its initial inventory
of nationally tracked sources to the National Source Tracking System
and annually reconcile the information in the system with the
licensee's actual inventory. In addition, the amendments require
manufacturers to assign a unique serial number to each nationally
tracked source.
DATES: Effective Date: This final rule is effective on February 6,
2007.
Compliance Dates: Compliance with the reporting provisions in 10
CFR 20.2207 is required by November 15, 2007, for Category 1 sources
and November 30, 2007, for Category 2 sources.
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
II. Discussion
A. What Action Is the NRC Taking?
B. What Is a Nationally Tracked Source?
C. Who Does This Action Affect?
D. How Will Information Be Reported to the National Source
Tracking System?
E. Will a Licensee Need To Report Its Current Inventory to the
System?
F. What Information Will Be Collected on Source Origin?
G. What Information Will Be Collected on Source Transfer?
H. What Information Will Be Reported for Receipt of Sources?
I. What Information Will Be Reported on Source Endpoints?
J. How Will the National Source Tracking System Information Be
Kept Current?
K. How Will Incorrect Information Be Changed in the National
Source Tracking System?
L. Some Licensees Now Must Report Similar Information to the
Nuclear Materials Management Safeguards System. Will This Rule
Result in a Duplication in Reporting?
M. Are the Actions Consistent With International Obligations?
N. When Do These Actions Become Effective?
O. Who Will Have Access to the Information and What Will It Be
Used For?
P. What Other Things Are Required by This Action?
III. Analysis of Public Comments on the Proposed Rule
IV. Section by Section Analysis of Substantive Changes
V. Criminal Penalties
VI. Agreement State Compatibility
VII. Voluntary Consensus Standards
VIII. Environmental Impact: Categorical Exclusion
IX. Paperwork Reduction Act Statement
X. Regulatory Analysis
XI. Regulatory Flexibility Certification
XII. Backfit Analysis
XIII. Congressional Review Act
I. Background
After the terrorist attacks in the United States on September 11,
2001, the NRC conducted a comprehensive review of nuclear material
security requirements, with particular focus on radioactive material of
concern. This radioactive material (which includes Cobalt-60, Cesium-
137, Iridium-192 (Ir-192), and Americium-241, as well as other
radionuclides) has the potential to be used in a radiological dispersal
device (RDD) or a radiological exposure device (RED) in the absence of
proper security and control measures. The NRC's review took into
consideration the changing domestic and international threat
environments and related U.S. Government-supported international
initiatives in the nuclear security area, particularly activities
conducted by the International Atomic Energy Agency (IAEA).
In June 2002, the Secretary of Energy and the NRC Chairman met to
discuss the adequate protection of inventories of nuclear materials
that could be used in a RDD. At the June meeting, the Secretary of
Energy and the NRC Chairman agreed to convene an Interagency Working
Group on Radiological Dispersal Devices to address security concerns.
In May 2003, the joint U.S. Department of Energy (DOE)/NRC report was
issued. The report was entitled, ``Radiological Dispersal Devices: An
Initial Study to Identify Radioactive Materials of Greatest Concern and
Approaches to Their Tracking, Tagging, and Disposition.'' One of the
report's recommendations is development of a national source tracking
system to better understand and monitor the location and movement of
sources of interest. The full report contains a list of radionuclides
and thresholds above which tracking of the sources is recommended. Note
that in the public version of the report, the table of radionuclides
has been redacted.
The NRC has also supported U.S. Government efforts to establish
international guidance for the safety and security of radioactive
materials of concern. This effort has resulted in a major revision of
the IAEA Code of Conduct on the Safety and Security of Radioactive
Sources (Code of Conduct). The revised Code of Conduct was approved by
the IAEA Board of Governors in September 2003, and is available on the
IAEA Web site. In particular, the Code of Conduct contains a
recommendation that each IAEA Member State develop a national source
registry of radioactive sources that includes at a minimum Category 1
and Category 2 radioactive sources as described in Annex 1 of the Code
of Conduct. The source registry recommendation addressed 16
radionuclides.
The work on the DOE/NRC joint report was done in parallel with the
work on the Code of Conduct and the development of IAEA TECDOC-1344,
``Categorization of Radioactive Sources.'' The IAEA published this
categorization system for radioactive sources in August 2005 in its
Safety Series as RS-G-1.9, Categorization of Radioactive Sources. The
report, available on the IAEA Web site, provides the underlying
methodology for the development of the Code of Conduct thresholds. The
categorization system is based on the potential for sources to cause
deterministic effects and uses the `D' values as normalizing factors.
The `D' values are radionuclide-specific activity levels for the
purposes of emergency planning and response. The quantities of concern
identified in the DOE/NRC report are similar to the Code of Conduct
Category 2 threshold values, so to allow alignment between domestic and
international efforts to increase the safety and security of
radioactive sources, NRC has adopted the Category 2 values.
The U.S. Government has formally notified the Director General of
the IAEA of its strong support for the current Code of Conduct.
Although the Code of Conduct does not have the stature of an
international treaty and its provisions are non-binding on IAEA Member
States, the U.S. Government
[[Page 65687]]
has endorsed the Code of Conduct and is working toward implementation
of its various provisions. This rulemaking reflects those Code of
Conduct recommendations related to the source registry and which are
consistent with NRC responsibilities under the Atomic Energy Act.
Efforts to improve controls over sealed sources face significant
challenges, especially balancing the need to secure the materials
without discouraging their beneficial use in academic, medical, and
industrial applications. Radioactive materials provide critical
capabilities in the oil and gas, electrical power, construction, and
food industries; are used to treat millions of patients each year in
diagnostic and therapeutic procedures; are used in a variety of
military applications; and are used in technology research and
development by academic, government, and private institutions. These
materials are as diverse in geographical location as they are in
functional use.
NRC considers national source tracking to be part of a
comprehensive radioactive source control program for radioactive
materials of greatest concern. Although a national source tracking
system can not ensure the physical protection of sources, it can
provide greater source accountability, which should foster increased
control by licensees. A national source tracking system in conjunction
with controls such as those imposed by Orders on irradiator licensees,
manufacturer and distributor licensees, and other material licensees
will result in improved security and control for radioactive sources.
It will also result in improved public health and safety.
To inform the development of the National Source Tracking System,
the NRC established an Interagency Coordinating Committee to provide
guidance regarding interagency issues associated with the development,
coordination, and implementation of the system and to prevent licensees
from receiving similar requests from more than one agency. The
Committee consists of representatives from various Federal Agencies
with an interest in source security and a representative from the
Agreement States. The views of the Committee were included in the
development of the requirements for the National Source Tracking System
and this rulemaking. NRC will be the database manager of the National
Source Tracking System, however, the other agencies may become users of
the system and have limited access. DOE will have greater access as
they will be responsible for entering data on sources entering or
exiting the DOE complex.
Development of the National Source Tracking System is a two-part
activity that includes both a rulemaking and an information technology
development component. When completely operational, the National Source
Tracking System will be a Web-based system that will allow licensees to
meet the proposed reporting requirements on-line. The system will
contain information on NRC licensees, Agreement State licensees, and
the DOE complex as appropriate.
This final rulemaking establishes the regulatory foundation for the
National Source Tracking System recommended in the DOE/NRC report and
expands on implementation of the Code of Conduct recommendation to
develop a national source registry.
There is clearly broad U.S. Government and international interest
in tracking radioactive sources to improve accountability and control.
There is no single U.S. source of information to verify the licensed
users, locations, quantities and movement of these materials. Separate
NRC and Agreement State systems contain information on licensees and
the maximum amounts of materials they are authorized to possess, but
these systems do not record actual sources or their movements.
To address this lack of information on such issues as actual
material possessed, the NRC, in cooperation with the Agreement States,
began working on an interim database of sources of concern. In November
2003, both NRC and Agreement State licensees were contacted and
requested to voluntarily provide some basic information on the sealed
sources located at their facilities. Of the approximately 2600
licensees contacted, over half of the licensees reported possessing
Category 1 or Category 2 sealed sources. The interim database was
updated in 2005 and will continue to be updated until the National
Source Tracking System is operational. The interim database will
ultimately be replaced by the National Source Tracking System. While
the interim database provides a snapshot in time, the National Source
Tracking System will provide information on an ongoing basis.
The President signed the Energy Policy Act of 2005 into law on
August 8, 2005. It contains a provision on national source tracking
that requires the NRC to issue regulations establishing a mandatory
tracking system for radiation sources in the United States. The
regulations must be issued no later than one year after the date of
enactment of the Act. The Act requires the tracking system to: (1)
Enable the identification of each radiation source by serial number or
other unique identifier; (2) require reporting within 7 days of any
change of possession of a radiation source; (3) require reporting
within 24 hours of any loss of control of, or accountability for, a
radiation source; and (4) provide for reporting through a secure
internet connection. The Act further requires the NRC to coordinate
with the Secretary of Transportation to ensure compatibility, to the
maximum extent practicable, between the tracking system and any system
established by the Secretary of Transportation to track the shipment of
radiation sources. Under the Act, radiation source means a Category 1
source or a Category 2 source as defined in the Code of Conduct and any
other material that poses a threat, as determined by the Commission, by
regulation, other than spent nuclear fuel and special nuclear material.
This final rule on National Source Tracking meets the requirements
enumerated above, which were applicable to source tracking and imposed
by the Energy Policy Act of 2005. The rule requires the reporting of
transfers and receipts of sources by the close of the next business
day, which meets the requirement for reporting within 7 days of any
change of possession. The information to be reported includes the
serial number of the source, which addresses identification of each
source by serial number. On-line reporting is one of the methods by
which licensees may report; this meets the requirement to allow
reporting through a secure internet connection. Current NRC and
Agreement State regulations require licensees to immediately report,
after its occurrence becomes known to the licensee, any lost, stolen,
or missing licensed material at the Category 1 or 2 level. Therefore,
this final rule does not include provisions for reporting loss of
control of, or accountability for, a radiation source.
II. Discussion
A. What Action Is the NRC Taking?
The NRC is issuing a rule that implements a new program called the
National Source Tracking System. The final rule requires licensees to
report information on the manufacture, transfer, receipt, disassembly,
and disposal of nationally tracked sources. This information captures
the origin of each nationally tracked source (manufacture or import),
all transfers to other licensees, all receipts of nationally
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tracked sources, and endpoints of each nationally tracked source
(disassembly, disposal, decay, or export). Ultimately, the National
Source Tracking System will be able to provide a domestic life history
account of all nationally tracked sources.
A system of this type needs prompt updating to be useful and
accurate. In order to capture information as soon as possible, this
rule requires licensees to report information on nationally tracked
source transactions by the close of the next business day. Although the
Energy Policy Act of 2005 provides for reporting within 7 days, the
rule requires reporting by the close of the next business day. After
discussions within the Interagency Coordinating Committee, NRC
determined that 7 days was too long a time period. NRC has determined
that the close of the next business day is the appropriate timeframe
for reporting.
To ease the burden on licensees, the NRC is establishing a secure
Internet-based interface to the National Source Tracking System. While
on-line access should be fast, accurate, and convenient for licensees,
the NRC will also allow licensees the option of completing and mailing
or faxing paper forms. In addition, licensees will also be able to
provide batch information using a computer-readable format file. The
format will be specified in a guidance document on implementation of
the National Source Tracking System.
B. What Is a Nationally Tracked Source?
A sealed source consists of radioactive material that is sealed in
a capsule or is closely bonded to a non-radioactive substrate designed
to prevent leakage or escape of the radioactive material. In either
case, it is effectively a solid form of radioactive material which is
not exempt from regulatory control. A nationally tracked source is a
sealed source containing a quantity of radioactive material equal to or
greater than the Category 2 levels listed in the new Appendix E to 10
CFR part 20. A nationally tracked source may be either a Category 1
source or a Category 2 source.
For the purpose of this rulemaking, the term nationally tracked
source does not include material encapsulated solely for disposal, or
nuclear material contained in any fuel assembly, subassembly, fuel rod,
or fuel pellet. Material encapsulated solely for disposal refers to
material that, without the disposal packaging, would not be considered
encapsulated. For example, a licensee's bulk material that it plans to
send for burial may be placed in a matrix (e.g., mixed in concrete) to
meet burial requirements. The placement of the radioactive material in
the matrix material may be considered encapsulating. This type of
material is not covered by the rule. However, if a nationally tracked
source were to be placed in a matrix material, the sealed source would
still be covered by the rule.
Category 1 nationally tracked sources are those containing a
quantity equal to or greater than the Category 1 threshold. Category 2
nationally tracked sources are those containing a quantity equal to or
greater than the Category 2 threshold but less than the Category 1
threshold. The definition of nationally tracked source is based on the
IAEA Code of Conduct and is consistent with the definition of sealed
sources in other parts of the NRC regulations and with definitions
contained in Agreement State regulations.
The specific radioactive material and amounts covered by this rule
are listed in Appendix E to part 20. The radionuclides and thresholds
of 16 of the radionuclides are identical to the Table I values from the
Code of Conduct. The IAEA Code of Conduct includes a recommendation
that these radionuclides and thresholds be included in a national
source registry. The U.S. Government has formally endorsed these
values. The NRC has adopted the Category 2 values to allow alignment
between domestic and international efforts to increase the safety and
security of radioactive sources. The Energy Policy Act of 2005 states
that Category 1 and Category 2 sources are to be included in the
National Source Tracking System.
The Terabecquerel (TBq) values listed in Appendix E are the
regulatory standard. The curie (Ci) values specified are obtained by
converting from the TBq value. The Ci values are provided for practical
usefulness only and are rounded after conversion. The Ci values are not
intended to be the regulatory standard.
Table I of the IAEA Code of Conduct lists 16 radionuclides that
should be included in a national source registry. Included in this
listing is radium (Ra)-226. Before the Energy Policy Act of 2005 was
signed into law, the NRC did not have the authority to regulate Ra-226;
therefore it was not included in the proposed rule for national source
tracking. Section 651(e) of the Energy Policy Act of 2005 amends
section 11e. of the Atomic Energy Act to give NRC authority over
discrete sources of Ra-226 and other radioactive materials if they are
produced, extracted, or converted after extraction for use in
commercial, medical, or research activities. Therefore, NRC is adding
Ra-226 to Appendix E in this final rule. Ra-226 sealed sources will now
be included in the National Source Tracking System. The term `discrete
source' will be defined in a separate rulemaking to implement section
651(e) of the Energy Policy Act of 2005. That final rule is to be
issued by February 7, 2007.
In the proposed rule, the Commission expanded the National Source
Tracking System list of radionuclides to include 6 radionuclides that
are not on the Code of Conduct list and one radionuclide that is listed
in the Code of Conduct but is not included in the source registry
recommendation. The 7 additional radionuclides included in the proposed
rule were actinium (Ac)-227, plutonium (Pu)-236, Pu-239, Pu-240,
polonium-210, thorium (Th)-228, and Th-229. The DOE/NRC RDD report
recommendation for a National Source Tracking System included these 7
radionuclides. The thresholds for these radionuclides were developed
using the same methodology as those listed in the Code of Conduct.
These radionuclides are also included in the interim database. Based on
information from the interim database, NRC and Agreement State
licensees do not possess large numbers of nationally tracked sources
containing these radionuclides. DOE, however, is more likely to possess
these isotopes, and therefore, it was determined that these isotopes
should be included in the National Source Tracking System. Therefore,
the Commission included them in the proposed rule. The source tracking
system NRC is required to establish under the Energy Policy Act of 2005
covers ``radiation sources'' as defined in the Act (Category 1 and
Category 2 sources and any other material as determined by the
Commission other than spent nuclear fuel and special nuclear
materials). Three plutonium (Pu) isotopes (Pu-236, Pu-239, Pu-240) are
being removed from Appendix E because these isotopes are not
``radiation sources'' within the meaning of the Act. Two other Pu
isotopes (Pu-238 and Pu-239/Be) are being retained in Appendix E
because they are listed in the Code of Conduct.
C. Who Does This Action Affect?
The final rule applies to any person (entity or individual) in
possession of a Category 1 or Category 2 source. It applies to all NRC
licensees; including, for example:
Manufacturers and distributors of Category 1 and Category 2
sources;
Medical facilities, radiographers, irradiators, reactors, and any
other licensees that are the end users of nationally tracked sources;
and
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Disposal facilities and waste brokers.
Agreement States will impose legally binding requirements on their
licensees such that all licensees, both NRC and Agreement State, will
begin reporting at the same time.
The final rule applies whether the source is actively used or in
long-term storage.
Nationally tracked sources are possessed by all types of licensees,
but primarily by byproduct material licensees. Nationally tracked
sources are used in the oil and gas, electrical power, construction,
medical, and food industries. They are used in a variety of military
applications and in technology research and development. Nationally
tracked sources are classified either Category 1 or 2 based on the
activity level of the radioactive material of concern. Category 1
sources are typically used in devices such as radiothermal generators
and irradiators, and in practices such as radiation teletherapy.
Category 2 sources are typically used in industrial gamma radiography,
blood irradiators, and some well logging.
D. How Will Information Be Reported to the National Source Tracking
System?
Licensees have several options for reporting transaction
information to the National Source Tracking System. These reporting
methods include on-line, computer-readable format files, paper, fax,
and telephone. For most licensees, the most convenient, least
burdensome method will be to report the information on-line (e.g.
through the Internet). To report information on-line, a licensee will
need to establish an account with the National Source Tracking System.
Once an account is established, the licensee will be provided with
access to the on-line system. A licensee will have access only to
information regarding its own material or facility; a licensee will not
have access to information concerning other licensees or facilities.
When logged on, the licensee will be able to type the necessary
information onto the on-line forms. Once a source is in the system, the
licensee will be able to click on the source and report a transfer or
other transaction. Identifying information such as license number,
facility name, address, manufacturer, model number, serial number, etc.
will not need to be typed in a second time.
Many licensees conduct a large number of transactions, especially
manufacturing and distribution licensees. We recognize that most
licensees have a system for maintaining their information on sources.
The National Source Tracking System will be able to accept batch load
information from licensees systems using a computer-readable format.
This will ease the reporting burden for a licensee with a large number
of transactions. The licensee will be able to electronically send a
batch load using a computer-readable format file that contains all of
the transactions that occurred that day. Licensees can also use this
format to report their initial inventory.
Licensees will also be able to complete a paper version of the
National Source Tracking Transaction form and submit the form by either
mail or fax. Additionally, licensees will be able to provide
transaction information by telephone and then follow-up with a paper
copy.
Additional guidance on submitting information will be provided
before the effective date of the reporting requirements. The guidance
will contain mailing addresses and telephone and fax numbers for
providing information to the National Source Tracking System, as well
as information on the computer-readable format to be used. The NRC
plans to hold several workshops on reporting information to the
National Source Tracking System which will include hands-on training.
The workshops will be held before the effective date of the reporting
requirements. Licensees (both NRC and Agreement State) will receive
information on when and where the workshops will be held.
E. Will a Licensee Need to Report Its Current Inventory to The System?
Yes, licensees are required to report their current inventory of
nationally tracked sources by a specified date. There are separate
reporting dates for Category 1 and Category 2 nationally tracked
sources. Licensees are required to report all Category 1 sources to the
National Source Tracking System by November 15, 2007, and all Category
2 sources by November 30, 2007.
To ease the reporting process, information already in the interim
database will be downloaded to the National Source Tracking System.
Each licensee that reported information to the interim database will be
provided a copy of its information and asked to either verify the
information or provide updated information. NRC staff and the company
that will operate the National Source Tracking System will work with
licensees to make sure the initial inventory information is correct.
Licensees that did not provide information to the interim database must
provide the information on their nationally tracked source inventory by
the specified dates. Disposal facilities do not need to report sources
that have already been buried or otherwise disposed.
For sources that are stored in a device, the licensee must report
the serial number of the source within the device. Licensees are not
required to report the device number. Sources are usually not placed
permanently in the device, but are removed from the device at the end
of the source's useful life. Because some licensees track their sources
by device number, the National Source Tracking System contains an
optional reporting field for reporting the device serial number.
Licensees will be able to search their data by device number. For
licensees reporting by the paper form, the device number can be added
to the comment field.
F. What Information Will Be Collected on Source Origin?
Each time a nationally tracked source is manufactured in the United
States, the licensee must report the source information to the National
Source Tracking System. The information must be reported by the close
of the next business day. The licensee must report the manufacturer
(make), model number, serial number, radioactive material, activity at
manufacture, and manufacture date for each source. The licensee must
also provide its license number, facility name, address, and the name
of the individual that prepared the report. Manufacturers may make one
report that includes both the manufacture and transfer of sources, as
long as the transfer occurs within the reporting timeframe of the
manufacture. The information required for both transactions will need
to be included in the report.
Some sources are recycled or reconfigured. For example, a source
that has decayed below its usefulness is sometimes returned to the
manufacturer for reconfiguration. The decayed source may be placed in a
reactor and reactivated. The source retains its serial number, but now
has a new activity. The new activity and date must be reported to the
National Source Tracking System.
For every nationally tracked source that is imported, the facility
obtaining the source must report the source information to the National
Source Tracking System by the close of the next business day after
receipt of the imported source at the site. For the purposes of the
National Source Tracking System, this is considered the source origin
unless the source had been previously possessed in the United States.
The licensee must report the manufacturer (make), model number, serial
number, radioactive material,
[[Page 65690]]
activity at manufacture or import, and manufacture or import date for
each source. The licensee must also provide its license number,
facility name, address, and the name of the individual that prepared
the report and the date of receipt. The licensee must also provide
information on the facility (name and address) that sent the source and
the import license number.
Under separate regulations on import/export of radioactive
material, licensees are required to notify the NRC of imports of
radioactive material at Category 2 levels or above (70 FR 37985; July
1, 2005). This notification includes source identification information,
if available. Initially, NRC staff will enter the notification
information into the National Source Tracking System, but eventually,
import/export licensees will be able to make the notifications to the
NRC using the on-line reporting mechanism of the National Source
Tracking System. For example, if the notification includes the detailed
source information, a licensee that is receiving an imported nationally
tracked source will be able to report the transaction as a simple
receipt using the on-line method. Much of the source information will
already be in the National Source Tracking System; the licensee will be
able to click on the pending import and then click on the source to
indicate that the source had been received at the site.
G. What Information Will Be Collected on Source Transfer?
Each time a nationally tracked source is transferred to another
authorized facility, the licensee must report the transfer to the
National Source Tracking System by the close of the next business day.
The licensee must report the recipient name (facility the source is
being transferred to), address, and license number, the shipping date,
the estimated arrival date, and the identifying source information
(manufacturer, model number, serial number, and radioactive material).
If the source is being exported, the export license number is reported
for the recipient's license number. The licensee also must provide its
name, address, and license number, as well as the name of the
individual making the report. For nationally tracked sources that are
transferred as waste under a Uniform Low-level Radioactive Waste
Manifest, the licensee must also report the waste manifest number and
the container identification number for the container with the
nationally tracked source.
Source transfer transactions are transfers between different
licensees and transfers from a licensee to another authorized facility,
such as a DOE site or a foreign entity. A source transfer transaction
does not include transfers to a temporary domestic job site. Domestic
transactions in which the nationally tracked source remains in the
possession of the licensee do not require a report to the National
Source Tracking System. For example, a radiographer conducting business
does not need to report transfers between temporary job sites, even if
the temporary job site is located in another State or if the work is
conducted under a reciprocity agreement.
H. What Information Will Be Reported for Receipt of Sources?
A licensee must report each receipt of a nationally tracked source
by the close of the next business day. The licensee must report the
identifying source information (manufacturer, model number, serial
number, and radioactive material) and the date of receipt. The licensee
must include its facility name, address, and license number and the
name of the individual that prepared the report. The licensee must also
provide the name, address, and license number of the facility that sent
the source because this information is necessary to match the
transactions. If the source is an import, the licensee must report the
source activity and associated activity date. The import license number
is reported as the license number of the sending facility. If a
licensee receives a nationally tracked source as part of a waste
shipment, the licensee must provide the Uniform Low-level Radioactive
Waste Manifest number and the container identification for the
container that contains the nationally tracked source. A waste broker
or disposal facility are examples of licensees that might receive a
nationally tracked source as part of a waste shipment. To avoid
unnecessary exposure, these licensees are not expected to open the
waste container to verify the presence of the nationally tracked
source; they may rely on the information from the licensee who shipped
the source.
I. What Information Will Be Reported on Source Endpoints?
Endpoints for a source include export, disassembly, disposal,
decay, loss or theft, and destruction of the source. Some of the
endpoints are reversible (export, loss, theft) and some are permanent
(disassembly, disposal, destruction). Exports are treated as a
transfer. (See Section G for more information on source transfer.) An
export is considered a reversible endpoint because the source can be
imported back into the country. The export license number is reported
as the license number of the receiving facility.
Some licensees disassemble sources for possible recycle. The source
is taken apart, the radioactive material is removed, and the material
may be used for manufacture of new sources or sent for disposal. This
is not the same as reconfiguration where the source is not destroyed.
The licensee must report the disassembly of any nationally tracked
source to the National Source Tracking System by the close of the next
business day. Once a source has been disassembled, it is no longer
tracked. This is a permanent endpoint. Licensees that report a
disassembly transaction must include the source information
(manufacturer, model number, serial number, and radioactive material),
license information (name, address, license number, name of person
making the report), and the date of the disassembly.
Disposal of a source is reported by the licensee conducting the
actual burial in a low-level disposal facility or other authorized
disposal mechanism. Licensees sending a source to a low-level burial
ground for disposal treat the transaction as a transfer. The licensee
must include the waste manifest number and the container identification
number. The disposal facility is not expected to open the waste
container to verify the contents, and may report the information from
the licensee who sent the waste for disposal. The disposal facility
must report to the National Source Tracking System the date and method
of disposal, the waste manifest number, and the container
identification number for the container with the nationally tracked
source. The disposal facility must also provide its facility name and
license number, as well as the name of the individual who prepared the
report. The report must be made by the close of the next business day.
The National Source Tracking System automatically calculates the
decay of a source so licensees do not need to report an endpoint of
decay. Once a source has decayed below Category 2 levels, it is no
longer considered to be a nationally tracked source. The source will be
automatically removed from a licensee's active inventory in the
National Source Tracking System. The licensee will receive a
notification that the source has decayed below the tracking level and
that transactions for this source no longer need to be reported. The
data on the source will, however, be retained in the system.
Licensees must continue to report accidental destruction of sources
to the NRC Operations Center or to their Agreement State. The Agreement
States
[[Page 65691]]
provide the information to the NRC Operations Center. NRC staff will
enter the information from the event report into the National Source
Tracking System. Because sealed sources are designed to be robust,
accidental destruction is rare. An example of accidental destruction
includes sources destroyed during attempts to remove them from devices.
Other endpoints that will be captured by the National Source
Tracking System include the loss or theft of a source or the
abandonment of a source in a well. These events are already reported to
either NRC or to the Agreement States. Licensees are not required to
report this information a second time to the National Source Tracking
System. Agreement State licensees must continue to report to their
Agreement State. NRC staff will obtain the information on these events
from the event reports or the Nuclear Medical Event Database and enter
the information into the National Source Tracking System. Agreement
State staff may also enter the information into the system. Loss and
theft of a source are considered to be reversible endpoints and source
abandonment in a well is considered a permanent endpoint.
J. How Will the National Source Tracking System Information Be Kept
Current?
Data integrity for the National Source Tracking System is extremely
important. Licensees are expected to provide correct information to the
National Source Tracking System and to double-check the accuracy of
their information before submission. However, to maintain the accuracy,
currency, and reliability of the National Source Tracking database,
licensees are required by this rule to correct any mistakes in their
inventory information and annually verify the accuracy of their data.
If licensees accurately report their transactions in a timely
manner, the National Source Tracking System will contain correct, up-
to-date information. However, we recognize that some transactions may
be missed and that errors may be introduced into the system over time.
Discrepancies might result from the failure to report the receipt of a
source or failure to report the transfer of a source to another
licensee. Inaccuracies can result from errors in the initial inventory
report, selection of the wrong model number, or incorrectly typing the
serial number. Each licensee is required to correct any errors or
missed transactions that it becomes aware of within 5 business days of
the discovery.
In addition, each licensee is required to reconcile its on-site
inventory of nationally tracked sources with the information previously
reported to the National Source Tracking System. This reconciliation
occurs during the month of January each year. Each licensee will be
able to print a copy of its inventory information from the National
Source Tracking System. Licensees without on-line access will receive a
paper copy from the NRC of their information in the National Source
Tracking System. Each licensee must compare the information contained
in the system to its own inventory, including a check of the model and
serial number of each source. This reconciliation does not require the
licensee to conduct an additional physical inventory of its sources.
The NRC's regulations already require licensees to conduct physical
inventories either annually, semi-annually, or quarterly, depending on
the type of license. Each licensee must reconcile any differences by
reporting the appropriate transaction(s) or corrections to the National
Source Tracking System. The reconciliation must be completed by January
31 of each year.
In addition, each licensee must report to the National Source
Tracking System that their data in the National Source Tracking System
is correct. Licensees reporting their reconciliation using non-
electronic methods will have to use a hard copy form, which will be
provided with the paper copy of the information contained in the
National Source Tracking System. The first reconciliation will occur in
January 2008.
K. How Will Incorrect Information Be Changed in the National Source
Tracking System?
Licensees will be able to correct errors in the National Source
Tracking System at any time, either online or through any other
permitted reporting mechanism. Each licensee is responsible for
correcting any errors in its inventory information in the National
Source Tracking System, regardless of the source of the error, within 5
business days of the discovery.
L. Some Licensees Now Must Report Similar Information to the Nuclear
Materials Management Safeguards System. Will This Rule Result in a
Duplication in Reporting?
Yes, some information on plutonium (Pu) and thorium (Th) is
collected by both the Nuclear Materials Management Safeguards System
(NMMSS) and the National Source Tracking System. The current
regulations require reporting transfers, receipts, and inventories to
NMMSS of one gram or more of Pu and any Th that has foreign
obligations. However, NMMSS does not collect information at the source
level; therefore, the detailed information (make, model, serial number)
on sealed sources cannot be extracted from NMMSS to provide input into
the National Source Tracking System. The National Source Tracking
System will only have information on sealed sources and will not
contain information on sources that are not considered sealed or on any
bulk material that a licensee may possess. The thresholds are also
different for the two systems. Therefore, NRC will not be able to
extract information from the National Source Tracking System to support
NMMSS. Neither system is able to collect the needed information for the
other system without modifications to the databases and additional
changes to the regulations. The two systems also have different
purposes.
In practice, NRC finds that these Pu and Th sources are typically
held by licensees for long time periods and are not routinely
transferred to other licensees, so incidences of double-reporting are
expected to be rare. Only 10 licensees reported possessing Pu Category
1 or Category 2 sources and no licensee reported Th sources to the
interim database. The NRC does not believe that the limited number of
licensees and transactions likely to be affected by this dual reporting
requirement imposes an unnecessary burden. The NMMSS and the National
Source Tracking System collect information on these radionuclides for
different purposes and in different formats and with different levels
of detail and thresholds as needed by each system. Therefore, the
Commission believes that NMMSS and the National Source Tracking System
should remain separate.
M. Are the Actions Consistent With International Obligations?
Yes, the National Source Tracking System is consistent with
international obligations. The system is intended to respond to the
recommendation in the IAEA Code of Conduct for development of a
national source registry. In addition, attendance at international
meetings provides the NRC staff with information on the actions of
other countries to implement Code of Conduct recommendations. To the
extent feasible, NRC will utilize data formats compatible with those of
other countries.
[[Page 65692]]
N. When Do These Actions Become Effective?
The requirements for Category 1 nationally tracked sources will be
implemented by November 15, 2007. This means that by this date any
licensee that possesses a Category 1 level source must have reported
its initial inventory and must begin reporting all transactions
involving Category 1 sources to the National Source Tracking System.
The requirements for Category 2 nationally tracked sources will be
implemented by November 30, 2007. By this date, all licensees must have
reported their initial inventory of nationally tracked sources and
begin reporting all transactions to the National Source Tracking
System. For all other provisions, the final rule is effective 90 days
after publication in the Federal Register.
O. Who Will Have Access to the Information and What Will It Be Used
For?
Information in the National Source Tracking System is considered
Official Use Only--Security-Related Information; the information is not
considered to be Safeguards Information or Safeguards Information--
Modified Handling. A licensee will be able to view its own data, but
not data for other licensees. NRC, as the database manager, will have
access to all of the information. Agreement State staff will be able to
view information on the licensees in their State, but will not be able
to view information on licensees in other States. The one exception is
information related to lost or stolen sources. Agreement State staff
will be able to view the information on lost or stolen sources for all
licensees. This will enable better coordination of recovery efforts.
Other Federal and State agencies will also be able to view the
information on lost or stolen sources and other information on a need-
to-know basis.
The National Source Tracking System will be used for a variety of
purposes. This standardized, centralized information will help NRC and
Agreement States to monitor the location and use of nationally tracked
sources; conduct inspections and investigations; communicate nationally
tracked source information to other government agencies; verify
legitimate ownership and use of nationally tracked sources; and further
analyze hazards attributable to the possession and use of these
sources.
P. What Other Things Are Required by This Action?
The final rule also requires manufacturers of nationally tracked
sources to use a unique serial number for each source. The combination
of manufacturer, model, and serial number will be used in the National
Source Tracking System to track the history of each source.
III. Analysis of Public Comments on the Proposed Rule
The proposed rule on National Source Tracking was published on July
28, 2005 (70 FR 43646). The comment period ended on October 11, 2005.
The NRC received 33 comment letters on the proposed rule. The NRC also
held two public meetings on the proposed rule during the comment
period. The first meeting was held in Rockville, Maryland on August 29,
2005, and the second meeting was held in Houston, Texas on September
20, 2005. Approximately 90 people attended the two meetings, with 17
individuals providing comments. The overall commenter mix on the
proposed rule included federal agencies, states, licensees, industry
organizations, and individuals. Copies of the public comments and the
public meeting transcripts are available for review in the NRC Public
Document Room, 11555 Rockville Pike, Rockville, MD or on the NRC's
rulemaking Web site located at http://ruleforum.llnl.gov. NRC also
invited comment on the basis change of the rule from common defense and
security to public health and safety. The notice inviting comment on
the basis change was published June 13, 2006 (71 FR 34024) for a 20-day
public comment period. The comment period was extended to July 28, 2006
(71 FR 37862; July 3, 2006). Fourteen comment letters were received on
the basis change. In addition, a letter from two members of Congress
was placed in the rule docket. Comments on the basis change and the
associated responses are addressed in Comments G.12-G.19.
The comments and responses have been grouped into 12 areas. NRC
specifically sought comments on the first six areas: (1) Inclusion of
Category 3 Sources; (2) inclusion of Ra-226; (3) inclusion of transfers
between temporary job sites; (4) inspection of waste shipments; (5)
data quality assurance; and (6) data protection. The other six comment
areas are: (1) General; (2) rule language; (3) regulatory analysis; (4)
implementation; (5) system aspects; and (6) miscellaneous. To the
extent possible, all of the comments on a particular subject are
grouped together. A discussion of the comments and the NRC staff's
responses follow.
A. Category 3 Sources
In the proposed rule, NRC specifically invited comment on whether
Category 3 sources should be included in the National Source Tracking
System. Category 3 sources are those containing a quantity equal to or
greater than the Category 3 threshold (\1/10\th of the Category 2
threshold) but less than the Category 2 threshold. Although the NRC did
not plan to include Category 3 sources in this rulemaking, Category 3
sources could be included in the National Source Tracking System in the
future. The potential issue was that a licensee possessing a large
number of Category 3 sources could present a security concern.
Therefore, NRC sought information on the number of additional licensees
that would be impacted, the number of Category 3 sources possessed by
licensees, and how often those sources changed hands.
Twenty-four commenters addressed the issue of Category 3 sources,
including three Agreement States. The majority of commenters on this
issue were opposed to including Category 3 sources in the National
Source Tracking System; only six commenters supported the inclusion,
including two Agreement States and one non-Agreement State. Reasons for
inclusion varied. According to one commenter, the higher activity
Category 3 sources may pose a threat nearly comparable to the threat
posed by Category 2 sources and should be tracked aggressively. Some
commenters thought that Category 3 sources should be included because
an accumulation of sources could possibly threaten national security.
Others stated that any level of any radioactive material used in an RDD
or RED would cause panic among the population. One commenter noted that
the IAEA has indicated that Category 3 sources carry a potential risk
of harm that warrants inclusion in a tracking system, but Member States
did not want to include the Category 3 sources in the national registry
recommendation because the large number of such sources and the
economic cost for tracking them could be overly burdensome. The
commenter stated that Category 3 sources should be included unless it
can be shown that to do so is unreasonably burdensome (due to the large
number of sources and the economic cost of tracking them). The
commenter noted that, by IAEA definition, Category 3 sources are
dangerous and could result in permanent injury, as well as cause
serious social and economic impact, if not managed or securely
protected.
[[Page 65693]]
Commenters argued that the Category 3 sources should be tracked to
help prevent their possible entry into the scrap metal industry,
pointing out that the Category 3 sources were more likely to be
introduced into the recycle stream. Commenters stated that the Category
3 sources present a danger to the metals-recycling industry, its
employees, and their communities. Two commenters provided data on
clean-up costs for contaminated steel mills. Commenters stated that
public health and safety concerns, as well as security concerns,
support the inclusion of Category 3 sources at this time. One commenter
stated that with modest additional investment, NRC has the ability to
track Category 3 sources and that the failure to do so will foreclose
an opportunity to advance a rule which would be truly protective of
public safety and the environment. Another commenter stated that
additional data needs to be collected on the inclusion of Category 3
sources, but noted that any study should not be done in such a way that
would disrupt the current implementation schedule for Category 1 and
Category 2 source tracking. One commenter argued that the data from the
inclusion of Category 3 sources would enable the government to more
effectively manage the protection of the public health and safety and
the economic vitality of the United States scrap metal industry and
that the data could be used to monitor market trends, establish
projections for low-level waste disposal, and allocate resources for
programs to identify and develop alternate technologies.
Most of the commenters opposed to the inclusion of Category 3
sources cited the increased burden that would be imposed on licensees
and the NRC. One commenter noted that the inclusion of Category 3
sources would require over 7,000 additional transaction reports every
year for his company; most commenters did not provide specific numbers,
but indicated that there would be a significant increase in the
transaction reports from thousands to tens of thousands.
According to one commenter, inclusion of Category 3 sources would
significantly increase the number of impacted licensees and all medical
facilities that perform radiation therapy procedures would be impacted.
One commenter noted that most of the sources are used in teletherapy or
gamma sterotactic radiosurgery units and that once the sources are
placed in the machines, tampering or stealing the sources becomes very
difficult. A couple of commenters pointed out that many of these
sources are used extensively in generally licensed gauges at fixed
facilities and that most of the individuals possessing these materials
do not even realize that they have an NRC or Agreement State license.
The commenters felt that these individuals would be unlikely to
understand the tracking system and would need additional education to
understand their responsibilities under the tracking system. Commenters
stated that including Category 3 sources in the tracking system would
unduly burden manufacturers and licensees due to the large number of
Category 3 sources that are in common use throughout the United States.
Other commenters pointed out that licensees are required to maintain
inventory records and that this should be sufficient. Some of the
commenters suggested inventory reporting instead of source
transactions.
Commenters pointed out that many of the Category 3 sources are
lower risk and do not pose a significant terrorist threat in comparison
to Category 1 and 2 sources. One commenter stated that including
Category 3 sources would go beyond the IAEA Code of Conduct
recommendation and that to maintain consistency with the Code of
Conduct, NRC should not include Category 3 sources. One commenter
opposed the inclusion of Category 3 sources now and in the future
because implementing standards more stringent than the IAEA code of
conduct will generate confusion and not integrate the United States
plan with international efforts in this regard. One Agreement State
stated that inclusion of Category 3 sources does not fall within the
security requirements and should not be included. The State noted that
if a licensee possessed enough sources in the aggregate it would be
under increased security control requirements.
Several commenters expressed concern that inclusion of Category 3
sources would bog down the system development process, hinder the
timely implementation of the system, and potentially degrade the
quality of the information in the database. Commenters noted that there
will be a breaking-in period while both the regulated and regulators
learn to complete, report, and maintain the necessary reports.
Commenters noted that inclusion of Category 3 sources would
dramatically increase the number of records and would diminish the
effectiveness of the rule (by increasing the likelihood of data entry
error, impacting timeliness, and through sheer volume). Several
commenters noted that the issue could be revisited after the National
Source Tracking System has been implemented and is running smoothly.
Two commenters suggested that before including Category 3 sources, the
NRC should conduct a roundtable discussion with stakeholders to fully
understand the impact of the rulemaking on the medical community and to
ensure that final regulations do not impose unintended problems in the
practice of medicine.
Response: As part of the proposed rulemaking on the National Source
Tracking System, NRC requested the views of potentially impacted
stakeholders on the inclusion of Category 3 sources in the National
Source Tracking System. The comments received expressed strong views on
this topic. At this point NRC staff does not have adequate information
to support inclusion of Category 3 sources. There are also issues
related to possession of Category 3 sources under a general license
that need to be addressed before a final decision can be made. In
addition, the Radiation Source Protection and Security Task Force,
established by the Energy Policy Act of 2005, reviewed the National
Source Tracking System and suggested that the issue of including
Category 3 sources in the system should be evaluated and a final
decision made on the issue.
In this rulemaking, the Commission is not making a final
determination on what additional sources should be included in the
National Source Tracking System. This rulemaking addresses Category 1
and 2 sources on the date this rule becomes effective. If additional
material is added to the National Source Tracking System, it will be
done through subsequent rulemaking. In a June 9, 2006, Staff
Requirements Memorandum, the Commission has directed the NRC staff to
conduct a one-time survey of Category 3.5 sources (one-tenth of
Category 3) and develop a proposed rule to include Category 3 data in
the National Source Tracking System.
B. Ra-226
At the time the proposed rule was published, NRC did not have
authority over Ra-226. Because the IAEA Code of Conduct included Ra-226
in its recommendation for a source registry, NRC specifically invited
comment on whether States would be willing to develop regulations that
would require their licensees to report Ra-226 to either the State or
to the National Source Tracking System. NRC received input from six
commenters, including four States. The commenters all supported the
inclusion of Ra-226 in the tracking system.
The Energy Policy Act of 2005 brought discrete sources of Ra-226
that are produced, extracted, or converted
[[Page 65694]]
after extraction, for use in a medical, research, or commercial
activity, under the regulatory authority of the NRC. Because the NRC
now has authority over Ra-226 sealed sources, Ra-226 has been added to
Appendix E in this final rule. The NRC is currently developing a
rulemaking that will, among other things, define discrete sources of
Ra-226. NRC intends to issue final regulations by February 7, 2007,
which will provide licensees adequate time to become familiar with new
Ra-226 requirements before the implementation of the National Source
Tracking System.
C. Temporary Job Sites
As drafted, the proposed rule only covered source transfers between
different licensees and/or authorized facilities such as a DOE site or
an export. It did not include transfer to a temporary job site.
Therefore, transactions in which the nationally tracked source remained
in the possession of the licensee would not have required a report to
the National Source Tracking System. NRC specifically invited comment
on whether licensees should be required to report as a transaction the
use of a nationally tracked source at temporary job sites, whether in
the same State or a different State, and if temporary job site
transactions were included in the System, how much additional burden
would be involved and what the reporting timeframe should be. Twenty-
four commenters addressed this issue, including two Agreement States.
The overwhelming majority of commenters were opposed to reporting
transactions for source use at temporary job sites. One State supported
the inclusion of transfers to temporary job sites arguing that security
at temporary job sites could easily be compromised and reporting would
provide information on what sources are on the state highways. Two
Agreement States stated that while reporting use at temporary job sites
would be useful, it should only be required when licensees perform
temporary jobs across State lines. The information could then be
compared to existing reciprocity reports if the host State was allowed
access to the necessary information. The commenters stated that host
States should be allowed access to the data to confirm what sources are
within their borders.
Commenters opposed to the inclusion of reporting transactions at
temporary job sites indicated that this would impose a large burden,
the information reported would not add any value, and in fact would be
out of date by the time it was reported. Commenters stated that many
licensees can work at several job sites per day, noting that crews
could conceivably go to eight different jobs each day. The commenters
stated that reporting these movements would not add anything to the
physical security of the sources, a point the NRC acknowledged in the
Statement of Considerations for the proposed rule. Commenters also
pointed out that these sources are used at tens of thousands of
temporary job-sites annually and that their inclusion in the System
would increase the already burdensome proposal by factors of hundreds
or thousands. One commenter estimated that his company would amass an
additional 41,250 reports annually if temporary job site transfers were
included. Other commenters noted that it would require additional staff
to make the reports; the estimates provided ranged from a quarter
person-year to an additional full-time person. One commenter estimated
that it would cost $41,600 annually to report source use at temporary
job sites. Commenters also noted that due to the transitory nature of
the temporary job sites, there may be no easy means of providing the
information (i.e., no computer, no internet, fax, etc. at the remote
locations). Commenters indicated that by the time the information was
reported, it would no longer be valid as the source would already be at
a new location. Commenters also pointed out that radiographers are
required to maintain a utilization log for each source and that the
logs are available for review by NRC or Agreement State inspectors.
Commenters stated that as long as the source remains in the
possession of the licensee, there would be an appropriate level of
security. Several commenters noted that they are under an immediate
detection assessment and response order; therefore, they already need
to know where their sources are, and are required to respond to and
report any problem to the NRC. They indicated that reporting temporary
job site transfers would not improve incident response time. Several
commenters stated that the volume of reports generated on temporary job
sites would inundate the system and would likely require more manpower
at the NRC. Another commenter noted that the risk of error would be
increased due to the amount of movement of the sources on a daily
basis. One commenter stated that the meaningless information would
compromise the integrity of the entire database. Lastly, several
commenters suggested that instead of reporting transactions involving
temporary job sites, a shorter (monthly or quarterly) source inventory
verification period should be imposed.
Response: NRC has carefully considered the information provided by
the commenters and has determined that temporary job site transactions
should not be reported to the National Source Tracking System.
Requiring reporting of temporary job site transfers would impose a
large additional burden on licensees without a corresponding benefit.
The information would not be beneficial as it would likely be out of
date by the time it was reported to the tracking system. Thus, States
would not be able to use the information for checking what sources are
within their borders because the sources would likely have been
relocated before the data could be entered. As for requiring a more
frequent reconciliation period instead of temporary job site reporting,
the purpose of temporary job site reporting, if required, was not to
provide verification that a licensee is still in possession of a
source. A more frequent inventory reconciliation would impose a large
burden without a corresponding benefit. NRC is not requiring the
reporting of sources being transferred to temporary job sites to the
National Source Tracking System.
D. Inspection of Waste Shipments
Waste brokers and disposal facilities are examples of licensees
that might receive a nationally tracked source as part of a waste
shipment. Because opening waste containers can result in unnecessary
exposure for workers, these licensees typically do not open the
containers to check contents, although a waste broker may open
containers in order to consolidate shipments. After acceptance of a
waste shipment, disposal facilities routinely move the container to the
disposal area. The proposed rule did not require disposal facilities
and waste brokers to verify the presence of the nationally tracked
source in a waste container; they may rely on the verification of the
licensee who shipped the source. Because there was to be no
verification by the recipient that the source was in the waste
container, NRC specifically invited comment on whether the waste broker
or disposal facility should be required, at a minimum, to investigate
the container for any indication of tampering. The inspection for
tampering would provide additional assurance that the source was still
in the container.
Six commenters provided input on this question, including two
Agreement States. The comments on this issue were mixed. One commenter
stated that one cannot assume the material is present and that
verification of the presence of
[[Page 65695]]
the source in the disposal container is necessary for an efficient
tracking system. The commenter noted problems at several sites with
trying to go back and determine exactly what happened to the material
to be disposed. Two commenters supported some sort of verification but
suggested the use of a tamper-proof seal for a visual indication of
possible tampering with a container. Two commenters stated that the
current system is adequate and that waste brokers and disposal
facilities should not be required to open the containers because it
would subject workers to additional radiation exposure. The commenters
also noted that the tamper proof seals currently required on transport
containers provide sufficient indication that the source is still in
the container. One commenter stated that due to ALARA considerations,
content verification should be performed only once, with subsequent
reliance on container tamper seals. The commenter suggested that two
signatures be obtained to verify contents of the package before the
seal is applied and that this would be the responsibility of the
original licensee packaging the source.
Response: NRC has determined that no additional requirements are
necessary for verifying waste shipments. NRC agrees that due to ALARA
considerations, waste brokers and disposal facilities should not open a
container to verify the presence of a source. Licensees must
incorporate a feature, such as a seal, that is not readily breakable
and that, while intact, would be evidence that the package has not been
opened by unauthorized persons. Licensees generally verify that the
seal is intact before handling the container, and NRC does not believe
that it is necessary to require such a practice. If this becomes a
problem, NRC would consider imposing additional requirements.
E. Quality Assurance
The quality of the information reported to the National Source
Tracking System is extremely important. While the proposed rule did
contain a provision to correct errors within five days of discovery,
there were no required pre-submission data quality checks. To address
data quality assurance concerns, NRC specifically invited comment on a
proposal to require licensees to double-check the accuracy of the data
by using two independent checkers before submission of the transaction
report. NRC sought information concerning whether the proposed quality
assurance requirement was the appropriate requirement for quality
assurance and if not, suggestions for appropriate requirements, and
what additional burden a quality assurance requirement would impose on
licensees.
Twelve commenters, including three Agreement States, addressed
quality assurance in their comments. Two of the commenters were in
favor of quality assurance requirements. One commenter stated that
inclusion of a quality assurance provision on data submission would be
a good idea if it could be managed electronically, but was opposed to a
counter signature approach. The other commenter supported a quality
assurance provision if the verification was limited to comparison with
manufacturer-supplied data or manifests and confirmation of tamper seal
integrity.
Ten commenters opposed adding additional quality assurance
requirements. Several of the commenters stated that annual
reconciliation should be adequate to ensure quality assurance. Several
commenters stated that there is no reason to believe that the
information provided by the shipper would not be accurate and that the
validity of the information could be checked during inspection.
Commenters also noted that some data quality assurance would occur when
two parties are involved in a transaction; the recipient of a source
verifies the data when acknowledging receipt of a source. One commenter
stated that mandating a second review is too prescriptive. The
commenter noted that most companies have a quality assurance program
and should be able to make the decision internally whether a second
review is required. The commenter was not aware of any other regulation
that specifically requires a quality assurance check prior to
submission of data to the NRC.
Most of the commenters stated that requiring an independent check
before data submission or any other requirement would impose a large
financial burden on licensees, particularly smaller licensees.
Commenters stated that for many small companies, resources are limited
and personnel may not be available to conduct an additional check.
Commenters noted that the requirement might necessitate the hiring of
additional personnel. One commenter noted that if the quality control
work was limited to confirming proper transcription of data, the burden
would be about 30 minutes per transaction. One commenter noted that the
inclusion of a quality assurance provision is no guarantee that an
occasional error could not occur, and that the potential for error is
reduced if the required recordkeeping and reporting are kept simple.
Response: NRC has decided not to impose additional quality
assurance on the data submission. The large additional burden that
would be imposed, particularly on small licensees, is not warranted.
The source tracking system will have some built-in checks; for example,
an alarm will be triggered if information submitted by the transferring
company and the receiving company do not match. The annual
reconciliation will also serve a quality assurance function. The
inspection program will also be revised to include inspections related
to the National Source Tracking System. In addition, information
submitted to the National Source Tracking System must be complete and
accurate in all material respects as required by NRC regulations (for
example, 10 CFR 30.9, 40.9, 50.9, 70.9, 76.9). If data quality becomes
a problem, the NRC would consider imposing additional quality assurance
requirements.
F. Data Protection
In the proposed rule, NRC specifically invited comment on whether
designation of the information as Official Use only would provide
sufficient protection of the information or whether to require
licensees to protect the information that is reported to the National
Source Tracking System and, if additional protection is necessary, at
what level of protection. Six commenters addressed this topic and
supported retaining the designation as Official Use Only. While
commenters agreed that the data is sensitive, they did not recommend
additional provisions to protect the data. Commenters were opposed to
designating the data as Safeguards Information (SGI) and noted that
designation of the data as SGI would be onerous to implement and could
result in unintended restrictions on routine data. Commenters stated
concern about protection of the aggregated information and recommended
that additional protection measures be taken. One commenter stated the
information should be excluded from public disclosure under 10 CFR
2.390.
Response: NRC has decided that no additional measures are necessary
to protect the information possessed by individual licensees. The data
does not meet the definition of SGI and will be designated as Official
Use Only--Security-Related Information once it is submitted to the
National Source Tracking System. The information will be treated in the
same manner as other
[[Page 65696]]
information designated as Official Use Only--Security-Related
Information. A licensee will only have access to its information in the
National Source Tracking System. Access for other persons, including
NRC staff, will be on a need to know basis.
G. General
Comment G.1: One commenter stated that the proposed rule would make
great strides towards assisting the metals industry in eliminating
radioactive sources from the scrap feed stock because it provides
better oversight, management, and stewardship of certain sealed
sources. The commenter believes that the National Source Tracking
System requirement will provide the NRC the necessary oversight to
ensure that these sealed sources would be less likely to be managed in
a way that could lead to their inadvertent or intentional disposal in
the waste or the recycling streams.
Response: The commenter expresses general support for the rule,
therefore, no response is necessary.
Comment G.2: One commenter objected to the statement that National
Source Tracking ``will provide greater source accountability which will
foster increased control by licensees.'' The commenter indicated that
the statement implies that the NRC believes that licensees have not
been providing adequate accountability or control for these sources in
the past. The commenter disagrees with this implication and cites the
excellent record of licensees.
Response: The statement was not intended to imply that licensees
have not historically provided adequate accountability and control over
these sources. However, in today's threat environment, NRC has
determined that enhanced controls are necessary to ensure the continued
protection of these materials. National Source Tracking is one aspect
of the enhanced security program, and will provide NRC with information
on what licensees actually possess verus what radioactive material they
are authorized to possess.
Comment G.3: Two commenters stated that there is no need for a
national source tracking system and another commenter stated that the
rule is in excess. One commenter stated that the sources are already
tracked by the respective NRC office or Agreement State via licensing
and inspection, noting that licensees are required to inventory their
material. The commenter stated that the source tracking system would
add an additional layer of bureaucracy and would be a waste of money.
The second commenter stated that the proposed rule would increase costs
for licensees without improving the security of licensed material. The
commenter stated that the NRC already possesses information through the
existing regulatory framework on who manufactures, receives, transfers
and disposes of sealed sources. One commenter suggested that if NRC
wants to track sources it should be via the submission of quarterly
inventories.
Response: NRC disagrees with the commenters. The Energy Policy Act
of 2005 requires NRC to issue regulations for a mandatory source
tracking system. Currently, sources are not tracked by either NRC or
the Agreement States. Most licenses establish a maximum possession
limit, but most do not list individual sources. While regulatory
agencies know what material a licensee is authorized to possess, they
may not know what that licensee actually possesses at its facility.
While licensees are required to maintain an inventory of the
radioactive materials that they possess, there is no requirement that
they report their inventory to their regulatory agency, although
inspectors may review the inventory listing as part of an inspection.
The National Source Tracking System will provide the NRC with the up-
to-date information it needs to monitor the location of higher activity
material; the submission of quarterly inventories would not be a
sufficient tracking mechanism for these higher-risk radioactive
sources.
Comment G.4: One commenter stated that the proposed rule
inappropriately references the IAEA Code of Conduct and suggests that
the IAEA is asking for more than is already required in the present
United States regulatory environment. The commenter expressed the
belief that the United States regulatory framework for licensing
already meets the IAEA requirements.
Response: NRC disagrees with the commenter. The United States
Government has made a commitment to comply with the recommendations in
the IAEA Code of Conduct, so it is appropriate for the proposed rule to
reference the IAEA document. The IAEA Code of Conduct specifically
recommends that Member States establish a national source registry, a
mechanism that is not part of the current U.S. regulatory framework.
Comment G.5: A commenter stated that the proposed regulation
violates the Agreement between the Agreement States and the Federal
Government.
Response: NRC disagrees with the commenter. There is no violation
of the Section 274b. Agreements between certain States and the NRC. The
commenter did not provide any additional information on exactly what
aspect of the proposed rule was in violation. Promotion of the common
defense and security was the basis for the proposed rule and on that
basis NRC would not have relinquished that function to the Agreement
States under Section 274b. of the Atomic Energy Act. However, upon
further review the Commission has determined to promulgate the rule
under its authority to protect the public health and safety.
Comment G.6: One commenter pointed out that the statement
identifying Category 3 sources as those that have \1/10\th of the
radioactivity of Category 2 sources is misleading. The commenter noted
that Category 3 sources also includes sources that have radioactive
levels right up to the bottom threshold of the Category 2 sources.
Response: The commenter is correct that Category 3 sources include
sources that have activities up to the lower threshold of Category 2
sources. A Category 3 source is a source containing radioactive
material equal to or greater than the Category 3 threshold (\1/10\th of
the Category 2 threshold) but less than the Category 2 threshold.
Comment G.7: One commenter noted that the majority of sources that
are lost or stolen every year are portable gauges, which are well below
the Category 2 threshold, and that this rule would do nothing to help
safeguard those sources.
Response: The commenter is correct that this rule does not cover
portable gauges. NRC issued a final rule on the security of portable
gauges on January 11, 2005 (70 FR 2001). The rule became effective on
July 11, 2005.
Comment G.8: One commenter expressed support for the National
Source Tracking System but stated that the system should meet the need
to enhance the public health and safety as well as national security.
Two Agreement States stated that the rule should be promulgated under
health and safety and be classified as Compatibility Category B,
particularly since it will be added to 10 CFR part 20, which delineates
the general radiation safety standards. They indicated that States
should be responsible for inspection and enforcement of the National
Source Tracking System to ensure licensee compliance with the rule.
Response: The NRC agrees that the National Source Tracking System
will benefit the public health and safety and is changing the basis for
the rule. Accordingly the final rule is being issued under the
Commission's authority to protect the public health and safety and is
classified as a
[[Page 65697]]
Compatibility Category B. The reporting provisions are being placed in
10 CFR part 20 because part 20 applies to all licensees.
Comment G.9: One commenter questioned the inclusion of several
radionuclides. The commenter noted that Pu is already accounted for and
licensed separately as special nuclear material and a national database
would be redundant. The commenter also did not understand why Th-229
and Cf-252 were included in the System since not many of these sources
exist outside of DOE that exceed the threshold. The commenter asked if
there were any future plans to track all sources no matter the size.
One commenter also stated that the sources (Ir-192) are ill suited for
use in RDDs or REDs.
Response: Transfers of Pu are tracked in a separate database.
However, the database is inventory based; individual sources are not
reported, therefore, the database and the National Source Tracking
System are not redundant. Because the National Source Tracking System
is to be a national system, it will include transactions from DOE
facilities; therefore, radionuclides of concern to DOE need to be
included. It is true that not many licensees actually possess these
sources, so this provision does not impact many licensees. As stated in
the Statements of Consideration of the proposed rule, NRC may consider
expansion of the National Source Tracking System to include Category 3
sources at a later date (See Section A for further discussion of
Category 3 sources). There are no plans to include other sources at
this time. Ir-192 is included because it is listed in the Code of
Conduct.
Comment G.10: A commenter questioned the benefit of having two
categories of sources, besides adding unnecessary complexity to the
regulation. The commenter noted that there are few differences between
the requirements for Category 1 and Category 2 sources.
Response: The reporting requirements are identical for both
Category 1 and Category 2 sources. However, the implementation date is
different for the two categories. Future regulations codifying some of
the NRC Orders may have different requirements for the two categories
of sources.
Comment G.11: One State supported not only the inclusion of
Category 3 sources, but the inclusion of all non-exempt sources. The
commenter supported the inclusion of non-exempt sources because of the
view by emergency planners that any activity level of any radioactive
material used in an RDD or RED would cause panic among the population.
Response: Lower activity sources are not considered likely to be
used in an RDD or RED. Inclusion of all non-exempt sources would impose
a huge burden on licensees and would likely overload the tracking
system such that the effectiveness of the system would be reduced.
Comment G.12: Six Agreement States expressed support for the change
in basis to public health and safety. (In addition, two Agreement
States suggested issuing the rule under a basis of public health and
safety during the original comment period in 2005.) The six States
supporting issuance of the rule under public health and safety and as a
Compatibility Category ``B'' argued that: States are better positioned
than NRC to assure licensee cooperation; the States are better suited
and able to perform this type of oversight than the NRC; the public
health and safety basis would minimize the potential for the dual
regulation of a State licensee; there would be less potential for
licensee confusion; some licensees may be more comfortable and willing
to respond when contacted by the State officials with whom they are
familiar and have an established working relationship; National Source
Tracking would not necessarily increase source security but it would
increase source accountability, which is a function under health and
safety; States are better able to react quickly when there may be
discrepancies in the reported information than the NRC; States are able
to inspect in a more timely and cost-effective manner than NRC when
problems arise; National Source Tracking is a logical fit with the
increased controls that States are already implementing; and Agreement
States have demonstrated the ability to work cooperatively with the NRC
on security initiatives under public health and safety. (NRC issued
orders that required strengthening of the measures regarding the
control over use and storage of Category 2 quantities of radioactive
material. (70 FR 72128; December 1, 2005) Agreement States issued
compatible legally binding requirements at the same time.)
One industry organization also supported the basis change and
supported the use of a single database. One industry organization was
neutral. One commenter did not object to the basis change.
Five Agreement States are opposed to the basis change. The opposing
States argued: The State's ability to quickly implement health and
safety requirements for the increased controls is not a reason to
change the designation of the rule (common defense and security to
public health and safety) and does not mean States have the resources
or desire to do so for national source tracking; lack of resources to
implement the program (e.g., lack of trained experienced inspectors);
concern over the additional burden from the future inclusion of
Category 3 sources in the tracking system; Congress intended source
tracking to be a measure to promote the national security and changing
the basis would violate the express intent of Congress; the federal
government is attempting to shift additional responsibilities to the
States simultaneously as it is withdrawing funding of the grant support
from the Department of Homeland Security; and tracking of sources is
not a local or State issue but a national issue. One of the Agreement
States asserted that the NRC's authority to issue rules to promote
common defense and security and its authority to issue rules to protect
public health and safety have distinct applicability and limitations
attached, and if the functions are intertwined, Congress could not
assign the one responsibility to the Agreement States and the other to
the Commission.
One commenter stated that while there is certainly a nexus between
safety and security, the motivation for the Energy Policy Act is the
security of these materials. The commenter urged the Commission to
reconsider its decision and return to a common defense and security
basis which is necessary in order to faithfully implement Congressional
intent.
Response: The NRC agrees that the National Source Tracking is a
logical fit with the increased controls that States are implementing. A
public health and safety basis is consistent with the framework for the
increased controls established by the Commission and NRC continued
cooperation with Agreement States to implement a national materials
program. In addition, implementation of the NSTS will not increase the
physical security of sources; rather, it will improve the tracking of
sources to support public health and safety. The NRC supports issuance
of the final rule under it public health and safety authority. NRC will
develop and will maintain a single National Source Tracking System.
Agreement State licensees will report to the national system. The
Agreement States will be responsible for issuing legally binding
requirements to their licensees that will require reporting of the
necessary data. The legally binding requirements will be identical to
the rule requirements
[[Page 65698]]
and will be issued such that they are effective at the same time as the
rule.
The National Source Tracking rule solely concerns collecting data,
submitting it to a national data base developed and maintained by the
NRC, and ensuring the data are appropriately updated in a timely
manner. As such, the National Source Tracking System fulfils the
Congressional mandate in the Energy Policy Act that the NRC establish
by regulation such a system for tracking radioactive sources. Issuing
this rule under the NRC's authority to protect the public health and
safety in no way diminishes NRC authority to take appropriate action,
nor lowers the significance of NRC actions. In fact, the safety of the
public is the main reason for implementing security measures for
radioactive materials. NRC is very aware of the resource concerns
expressed by the five Agreement States which oppose the basis change.
NRC will work with all of the Agreement States to further verify the
rule requirements, the implementation period and approach, understand
resource impacts of system implementation, and identify and address
implementation issues as they arise.
Comment G.13: One Agreement State argued that the switch of the
basis for adoption of the rule does irreparable harm to the States by
denying them meaningful opportunity for input in a rulemaking that will
place direct demands upon State resources. The State asserted that the
fact that only six States submitted comments on the proposed rule
attests to the States' perception that the matter had little impact
upon them. The State also asserts that the change in basis amounts to a
substantive change in the rule and requires that the entire rule be
reopened for comment. One commenter requested information on Agreement
State interactions.
Response: The NRC disagrees with the commenter. The States have had
many opportunities to provide input to the National Source Tracking
System. Representatives of the States participated in the development
of the requirements for the system and development of the rule. The
rule and system have been discussed at the Organization of Agreement
States annual meetings and the Conference of Radiation Control Program
Directors annual meetings. The NRC disagrees that the change in basis
warrants that the entire rule be reopened for comment. The basis change
was initiated by comments received from several Agreement States and is
consistent with the framework established for the increased controls.
Comment G.14: Two Agreement States, while supporting the basis
change, recommended that NRC consider revising the security orders
issued to certain manufacturer and distributor licensees to implement
the source tracking reporting requirements. The commenters stated that
this could reduce the regulatory burden for those Agreement States that
have a large number of manufacturer and distributor licensees that
routinely transfer large numbers of Category 1 and 2 sources.
Response: Because the final source tracking rule is being issued
under the basis of public health and safety, the Agreement States will
be responsible for issuance of legally binding requirements for their
licensees that possess Category 1 or 2 sources, including State
licensees that received NRC orders. NRC has chosen to impose the
tracking system reporting requirements by rule rather than by orders.
See also response to Comment G.12 concerning resources.
Comment G.15: One Agreement State disagreed with the statement that
``the requirements are laid out in the rule and it should be a
straightforward matter for States to develop the legally binding
requirements.'' Two States also disagreed with the estimate of
approximately 1 hour for inspection. The States indicated that their
experience with inspecting for the increased controls as part of
routine inspections demonstrated that NRC underestimated the effort
involved. One State indicated that NRC has not allowed for or provided
adequate training opportunity for the State to conduct these
inspections.
Response: The NRC staff disagrees with the comment. The rule does
lay out the reporting requirements that Agreement States will need to
impose on their licensees. NRC will work with the States to develop the
legally binding requirements for State licensees. In reference to
training, it is not clear if the commenter is referring to training
related to inspections for the National Source Tracking or the
increased controls. A Temporary Instruction will be issued for use by
NRC inspectors; Agreement States will have access to the instruction
and can also use it to conduct inspections. As for the time estimate
required for the inspection, NRC staff believes one hour on average to
be adequate to perform a simple check to make sure that the licensee
has accurately reported sources to the National Source Tracking System.
NRC will also utilize existing mechanisms for communicating and working
with the Agreement States to help ensure a consistent uniform national
approach to implementing the rule. We will use an approach similar to
the one we used with the increased controls, e.g., routine calls,
electronic communications, formation of an NRC-State working group.
Through these interactions, the NRC will continue to coordinate with
the states to understand any issues with the impact of NSTS
implementation on state resources.
Comment G.16: One commenter requested information on the budgetary
needs for implementation of the National Source Tracking System and
copies of correspondence. The commenter requested information on the
cost for Agreement States to develop their own tracking systems and how
they would coordinate transfers between licensees in different
geographic locations.
Response: Information on the cost of the rulemaking is available in
the Regulatory Analysis completed to support this rulemaking and
relevant correspondence is available in ADAMS. Under this framework,
NRC will develop and will maintain the tracking system; Agreement
States will not be developing their own systems. All licensees will
report to the national system. Agreement States are not expected to
coordinate the tracking of sources when transfers to different states
occur.
G.17: One commenter stated that transactions involving aggregation
of sources whose activity level, if taken together, exceed the Category
2 threshold should be included because the security and safety threats
of such a transaction would be the same as that associated with a
transaction involving a single Category 2 level source. The commenter
further asked how, from a security and safety perspective, NRC could
justify tracking an import of aggregated Category 2 sources until the
sources reach the U.S. after which they might be essentially ignored if
such aggregated sources are not included in the tracking system.
Response: The NSTS will not consider transactions involving the
aggregation of sources. The System will be an item-level tracking
system for individual sources. If aggregation were considered, the
smaller sources would be entering and exiting the system. The system
data would become unreliable as the source moved in and out of the
system. Some licensees would be required to report information on
Category 3 sources and some would not. It is important to note that the
NSTS does not impose any additional security requirements on the
sources. The security and control measures are imposed by Order or
other legally binding requirements. Those security
[[Page 65699]]
and control requirements do consider aggregation of sources.
Additionally, imports of Category 1 and 2 radioactive material are not
tracked under the import/export rule, but licensees are required to
provide notification to the U.S. government of the estimated arrival
date for imports.
G.18: One commenter stated that a February 26, 2006, report by the
NRC Inspector General (IG) entitled ``Audit of the Development of the
National Source Tracking System (NSTS)'' found that the proposed
tracking system ``may not account for all byproduct material that
represents a risk to the common defense and security and public health
and safety. Such risks could result in economic, psychological, and
physical harm to the United States and public.'' The commenter
requested information on whether the two recommendations from the
report: (1) To conduct a comprehensive regulatory analysis for the NSTS
that explores other viable options and (2) to validate the existing
data in the Interim Database were followed prior to the Commission
vote.
Response: The rule on National Source Tracking was originally
developed for Category 1 and 2 sources. Data were not available to
conduct a cost-benefit analysis of including additional sources in the
tracking systems. As for validating data in the Interim Database, the
staff did take some measures for improvement in the 2005 survey of
licensees. The analysis of the 2005 data was available before the
Commission vote.
G.19: One commenter requested information on Agreement State
responsibility to share information when a source is missing, lost, or
stolen. The commenter also requested information on coordination with
Agreement States and U.S. Customs and Border Protection to confirm the
legitimacy of imports of shipments of risk-significant sources. The
commenter requested the complete timeline for the process of adding
Category 3 sources to the tracking system, what analysis would be
required, and information on Agreement State regulation of Category 3
sources.
Response: This rule does not change the requirements for reporting
of lost, stolen or missing sources. The U.S. Customs and Border
Protection program is not impacted by this rule, and the notification
information is required by the import/export rule. Agreement States do
not have authority to issue import or export licenses as that is
reserved for the NRC. The inclusion of Category 3 sources is addressed
in this section, item A. All Agreement States regulate Category 3
sources.
H. Rule Language
Comment H.1: One commenter stated that manufacturers should only be
required to report upon the transfer of sources. The commenter noted
that sources are manufactured based on specific orders and that the
sources are transferred quickly to the recipient (the same day or
within a couple of days of each order). The commenter stated that
requiring reporting of both the manufacture and the transfer of sources
would impose an unnecessary burden on the manufacturer to enter the
information twice. The commenter noted that entering data upon
manufacture would not provide any useful information as that source
would be shipped out and that the creation date is irrelevant in the
context of tracking the locations of sources once they are in use.
Response: The manufacture date is the point of origin for the
source, and is needed by the system to calculate decay of the source. A
manufacturer may report both the manufacture of a new source and the
transfer of the source in a single report, provided that the transfer
occurs within the reporting timeframe of the manufacture and the
licensee submits all information for both transactions. If the transfer
occurs after the close of the next business day after the date of
manufacture, the licensee must make two separate reports.
Comment H.2: Two Agreement States suggested that additional
information should be collected on the transactions. The commenters
stated that the information should include the State in which the
source is located, the State to which a source is being transferred,
and the State from which a source is transferred.
Response: The NRC agrees with the commenter. The information on the
States involved in a transaction is part of the system. Licensees will
provide the actual address (location of a facility) when establishing
an account in the system. The final rule language has also been revised
to add the address of the licensee as required information.
Comment H.3: One commenter stated that the rule was missing a
transaction on recycling of sources, or disposal or disassembly of
sources for recycling. The commenter noted that the disposal
transaction does not adequately capture this activity because it
requires a waste manifest number. The commenter noted that his company
disassembled 1,809 Co-60 sources in the last year, and that these
sources would have been tracked in the National Source Tracking System.
The commenter noted that new sources were created out of the recovered
Co-60. The commenter stated that this type of transaction should be
treated similar to a disposal transaction but without a waste manifest
number. The commenter provided draft rule language for consideration
and also noted that NRC Form 748 would need to be revised to reflect
the new transaction. Three commenters asked how remanufacturing
(recycling) of sources would be handled. The commenters noted that when
older sources are melted down and new sources are created, the unique
serial number is lost. The commenters stated that the tracking system
needs to be able to address this type of situation.
Response: The NRC agrees with the comments and has added a new
transaction for disassembly of a source to the final rule. The rule
requires a licensee that disassembles a source (for any reason) to
report the transaction. This is an irreversible endpoint for the source
within the tracking system. If the material is used to generate a new
source, the licensee must report the generation as a new source
manufacture. NRC Form 748 has been revised to add this new disassembly
transaction.
Comment H.4: One commenter suggested that in the definition of
Nationally Tracked Sealed Source, the term ``permanently'' should be
deleted in the phrase ``permanently sealed'' because of recycling
considerations.
Response: The NRC agrees with the commenter and the definition has
been so revised.
Comment H.5: An Agreement State commented that June would be a bad
month for academic licensees to conduct the required annual
reconciliation of their data because school is out and some Radiation
Safety Officers take summer vacation and thus would not be available to
conduct the reconciliation. The commenter suggested September or
October as alternatives.
Response: The month of June was selected in the proposed rule based
on the proposed implementation date of the final rule. Because the
implementation date of the final rule has changed, the reconciliation
date has also changed. Reconciliation will be required in the month of
January each year. In determining a suitable time for reconciliation,
NRC took into consideration the implementation date of the new
reporting requirements, the academic calendar, and peak work periods
for radiographers.
Comment H.6: Two commenters requested that the reporting timeframe
of the close of the next business day be extended because it would be
too stringent and might be hard to meet. Commenters requested that the
[[Page 65700]]
timeframe be extended to three to five days. One commenter noted that
one individual in each office, likely the Radiation Safety Officer,
would be given the responsibility to make reports and that he/she might
not always be available in that timeframe, particularly when there were
a lot of other activities in the office. Another commenter noted that
extending the reporting requirement to 5 business days would enable
licensees involved in the transaction to verify that the transaction
has been completed. One commenter stated that reporting by the close of
the next business day would not be appropriate for Category 2 sources,
but did not address Category 1 sources. The commenter believes the
proposed reporting by the next business day requirement would be
without value for enhancing the security of sources and responses to
thefts and would be overly burdensome. The commenter noted that there
are already requirements for immediate reporting of the loss or theft
of a source and that reporting to the National Source Tracking System
would not increase the physical security of the source or improve the
response time of authorities in the event a source were stolen. One
commenter suggested that instead of requiring reporting by the close of
the next business day, that the NRC consider requiring licensees to
maintain a record of the present location of the sources, make a
monthly report of the movement of sources to ensure the national source
registry is maintained, and to notify the planned recipient. The
commenter further suggested that the NRC expand the reporting
requirements in 10 CFR 20.2201 to require reporting within 24 hours
when Category 1 or Category 2 sources in transit cannot be located.
Response: Although the Energy Policy Act of 2005 requires reporting
a change in possession of a source within 7 days, the final rule
requires reporting by the close of the next business day. The timing of
reports was discussed within the Interagency Coordinating Committee and
the conclusion was that allowing up to 7 days for reporting
transactions was too long for reporting transactions. The Committee
indicated that reporting should be by the close of the next business
day. In addition, allowing a longer timeframe could create a situation
in which the source recipient might report the receipt of a source
before the sender of the source reports that the source had been
transferred. NRC has determined that the close of the next business day
is an appropriate timeframe for reporting.
Comment H.7: Two commenters suggested that rule language be added
to specifically state that sources that decay below the Category 2
threshold values are automatically removed from the system and that no
reporting would be required by licensees.
Response: Specific language is not needed in the rule text to
incorporate the commenter's suggestion. A Nationally Tracked Source is
defined in terms of Category 1 and Category 2 levels of any radioactive
material listed in Appendix E. Once a source has decayed below the
Category 2 threshold, by definition, it is no longer a nationally
tracked source and is not required to be reported to the National
Source Tracking System. The data on the source will, however, be
retained in the system.
Comment H.8: One commenter proposed that a leak test be required
(or confirmed as current) prior to shipping any Category 1 or Category
2 source to ensure that if any source is leaking that it be identified
at the point of origin as opposed to the point of receipt.
Response: Leak testing is beyond the scope of this rulemaking.
Licensees are required to periodically conduct leak tests on sealed
sources for health and safety reasons. For the purposes of National
Source Tracking, leak tests are not necessary.
Comment H.9: One commenter requested clarification on whether the
activity levels in the table (Appendix E) apply to the parent
radionuclides and the daughter products or just to the parent
radionuclides.
Response: The activities in the table do not include daughter
products.
Comment H.10: One commenter stated that for some radionuclides,
such as Pu, the amount should be reported in grams instead of activity
units.
Response: The official threshold unit for the National Source
Tracking System is Becquerels. However, the system will allow reporting
in other units, including grams. The system will automatically conduct
the conversion into Becquerels.
I. Regulatory Analysis
Comment I.1: A commenter stated that Option 1 (no action) in the
Regulatory Analysis is more viable and should be given consideration
because the tracking system will be very costly to the stakeholders
with little or nothing being gained by the stakeholders.
Response: The NRC disagrees with the comment. Although the rule
does impose some additional burden on licensees, the NRC believes that
the information to be gained is valuable. In addition, the Energy
Policy Act of 2005, signed into law after publication of the proposed
rule, requires NRC to issue regulations establishing a mandatory system
for national source tracking. The no action alternative is no longer a
viable option.
Comment I.2: One commenter noted that the draft Regulatory Analysis
shows approximately 93 percent of the cost being borne by the NRC. The
commenter stated that since the NRC acquires its revenue through fees
on licensees, all of the cost of the system will be borne by the
licensees and would end up costing each licensee approximately $18,000
annually. Another commenter questioned where the money to pay for the
system will come from, noting if there are to be fees associated with
the database, this should be spelled out now.
Response: There are no direct fees associated with the National
Source Tracking System. The cost of the system has been removed from
the fee basis and will not be recovered through annual fees.
Comment I.3: One commenter questioned how the tracking system would
improve public health.
Response: The Regulatory Analysis did not state that the tracking
system would improve routine public health. The attribute discussed in
the Regulatory Analysis is public health (accident/event) and the
document stated that the tracking system would have a positive effect.
The National Source Tracking System is discussed in terms of being a
preventive measure and having the capability to avert potential health
effects. The National Source Tracking System will provide regulators
better information on where sources are located and who possesses them.
Having this information should reduce the possibility that the material
could be used in an RDD or RED. As other commenters have pointed out,
the tracking system should also reduce the chance of sources being
introduced into the scrap metal stream.
Comment I.4: One commenter stated that the draft Regulatory
Analysis grossly underestimates the cost and time it will take for
industry to comply with the new requirements. The commenter stated that
the NRC did not include any cost or time in order for industry to put
systems in place and that licensees will need to write specific
computer programs to collect the information. The commenter stated that
approximately 80 man hours would be needed to implement the
requirements of the new rule.
Response: It should not be necessary for most licensees to put any
new systems in place or write computer programs in order to implement
the rule. Licensees should already have the information required to be
reported to the National Source Tracking System,
[[Page 65701]]
and will only need to log onto the system and enter their data. For
those licensees that plan to use the electronic batch method, some
computer programing may be necessary. The Regulatory Analysis has been
revised to reflect this burden.
J. Implementation
Comment J.1: One commenter requested that industry be given
adequate time to change procedures and conduct any necessary training
before implementation of the rule. Another commenter requested guidance
on the information technology aspects of implementing the system
because it is going to take some effort to develop the process for
electronic data downloads to the system. Commenters also requested
information on when the workshops would be held.
Response: The provisions for reporting transactions are not
effective for over 6 months from the publication date of the final
rule. Licensees should have adequate time to train staff on new or
revised procedures, if necessary. The information technology guidance
will be made available prior to rollout of the system. The NRC will be
holding licensee workshops before the rule's effective date. The dates
for the workshops have not been set. NRC will give licensees ample
notice once the dates and locations for the workshops have been
determined.
Comment J.2: Three commenters stated that manufacturers typically
ship newly manufactured sources the same day as their manufacture or
within a day or two and that it would not make sense to then require
the manufacture to reenter the data for transfer of the sources. The
commenters suggested allowing one entry or form to cover both
transactions.
Response: NRC will allow the use of the same form for those sources
that are manufactured and shipped on the same day. Licensees will need
to check both transactions on the form.
Comment J.3: One commenter noted that a big education campaign
needs to be conducted for both licensees and Agreement States. The
commenter noted the need for NRC and Agreement State compatibility and
consistency in implementation and education. Commenters noted that
implementation of the final rule will require extra effort to assure
that Agreement State licensees are contacted and fully aware of the
requirements of the rule.
Response: NRC agrees with the commenter on the need for training.
Both NRC and Agreement State licensees will receive information on the
National Source Tracking System, including information on how to
establish an account, and information on training. The initial contact
list will be based on licensees in the interim database. NRC will also
work with the Agreement States to make sure that all impacted licensees
are reached. NRC will be sponsoring workshops for both NRC and
Agreement State licensees. NRC will also hold training sessions for
Agreement State staff.
Comment J.4: Three commenters asked how corrections of data would
be handled, both electronically and by paper. The commenters noted that
without some method of noting a correction, the corrected information
might be treated as a double transaction.
Response: The paper form has been revised to include a box to check
for corrections. Users will also be able to correct transactions
electronically. Development of the system is not complete, but in
general, a licensee will be able to access its data, pick a transaction
or source and click on a screen that will allow revisions.
Comment J.5: One commenter requested information on who would have
access to the database and to what extent. The commenter requested
information on how the database will be used and how it would improve
security of nationally tracked sources. The commenter requested an
example of how the database would be used and when. One commenter
stated that the low-level waste compacts should be allowed to have
unqualified access to the data in the National Source Tracking System
database because access would facilitate determining future regional
needs for disposal of sources. The commenter further stated that access
would facilitate the exportation from the compact region of devices for
disposal and that records maintained by the compact would confirm
occurrence of the transaction.
Response: Each licensee will have access to data on its own
material and facility. Agreement State officials will have access to
data on licensees within their own State. DOE officials will have
access to data on DOE sites. Some NRC staff will have access to all of
the data in the system. Other agencies will only have limited access to
the data on a need to know basis. NRC will establish a procedure for
handling requests from groups/agencies for data access. As stated in
the Statement of Considerations for the proposed rule, the National
Source Tracking System itself will not improve the physical security of
these materials. The System may improve accountability of material and
is part of the overall security program.
Comment J.6: One commenter asked whether a Radiation Safety Officer
for a licensee with multiple locations in various NRC and Agreement
States would have access to manage the information in the database for
the various locations.
Response: Yes, a Radiation Safety Officer for multiple locations
could arrange to have access to the information for all of the sites
for which he/she is responsible. Access will be arranged during the
setup of the account information for the licensee.
Comment J.7: Two commenters stated that there should be a provision
to allow licensees to address multiple sources with a single
transactional entry. The example provided is the 201 distinct sealed
sources contained in a gamma knife. Each source is serialized
sequentially and has nearly equal activities.
Response: Licensees will be able to report multiple sources that
are serialized sequentially. The on-line and batch method will easily
accommodate this action. Licensees using the paper forms will need to
use the comment box to provide such data.
Comment J.8: One commenter stated that the NRC should consider the
time and resources that will be needed for compliance with the rule.
The commenter stated that the rule would require additional manpower
and office equipment and place a significant financial burden on a
healthcare delivery system already under stress. The commenter asked
that NRC support efforts to lobby Congress, CMS, and private payers to
increase funding for the delineated radionuclide procedures to
alleviate the financial burden placed on medical institutions. The
commenter also asked that source tracking be postponed until such
funding is secured.
Response: NRC acknowledges that the National Source Tracking System
imposes additional burden on licensees required to report transactions
to the system. NRC is taking measures to reduce the reporting burden.
Licensees can report using several different mechanisms, with on-line
and electronic reporting being the least burdensome. Licensees will not
be required to invest in any additional equipment to make their
reports. Most licensees already have computers and internet access. The
request to lobby Congress and others is beyond the scope of the
rulemaking.
Comment J.9: One commenter stated that the NRC should make a
commitment to international harmonization on source tracking and take
whatever steps are appropriate
[[Page 65702]]
towards that goal before implementation of the tracking system. The
commenter stated that harmonization is needed because tracking systems
implemented by other countries need to work smoothly with NRC
regulations if tracking systems are to be effective and efficient. The
commenter stated that if implementation by all national authorities is
based on a common set of definitions and operating principles,
equitable trade opportunities will be maintained. Two commenters
encouraged harmonization with other countries, specifically with Canada
and the United Kingdom, to ensure a compatible Web interface and data
format. Another commenter stated that it is imperative that all
countries implement national source tracking consistently and in the
same time-frame, otherwise the rule will be only partly effective as
tracking could be lost once sources are exported out of the United
States. One commenter noted that if the tracking methods are identical
information could be sent to both countries simultaneously.
Response: The source tracking system is a domestic system and
should have no impact on trade opportunities with foreign countries.
The system is not intended to track sources once they are exported out
of the United States. NRC staff has met with Canadian officials to
discuss source tracking. NRC staff has also attended international
meetings to discuss Code of Conduct implementation, including source
tracking. The import/export notifications are not part of this
rulemaking.
Comment J.10: One commenter stated that the paper forms for
reporting transactions are dysfunctional. The commenter stated that
shipment of multiple sources would require the completion of multiple
forms and would take several hours to complete. The commenter stated
that the forms cannot be used in their current format and should be
revised.
Response: The commenter did not provide any specifics as to the
deficiencies with the form or make any suggestions for improvement. If
a licensee chooses to use the paper form, it will be limited in the
number of sources that can be included on the form; the size of the
form is limited. Instead of filing multiple forms, the licensee could
attach an addendum sheet that lists all of the sources for a
transaction. The licensee would simply need to add a note to the
comment section that states ``see addendum for additional sources.''
The NRC has revised the instructions for the form to explain this
option. For reports made online, there will be no limit to the number
of sources that can be included in a single transaction report.
Comment J.11: One commenter urged the NRC to combine the reporting
required under the import/export final rule (70 FR 37985; July 1, 2005)
with the reporting required under this rule. The commenter stated that
it would be redundant for a licensee to notify the NRC twice of every
international shipment and would add an undue and unnecessary paperwork
burden.
Response: The initial deployment of the National Source Tracking
System will not have the capability to allow licensees to report the
notification information required by the import/export final rule. The
System will provide this capability in a later deployment.
Comment J.12: One commenter stated that the NRC should expand its
use of electronic systems for data reporting to include reporting
required by the security orders to help reduce duplicative reporting.
The commenter also advocated use of one central database for all
notifications. Other commenters stated that NRC needs to perform a
comprehensive review of all the various Orders and regulations that
have been issued and proposed over the last two years to address any
inconsistencies and duplication. One commenter stated that licensees
are required to provide increased controls/security measures for the
receipt, transfer and movement of sources, and therefore, the rule is
repetitive.
Response: NRC disagrees that the rule is repetitive with the
increased controls/security measures for the receipt transfer and
movement of sources. The increased controls/security measures do not
require transaction reporting to NRC and the NRC is not aware of any
duplication in the measures and this rule. NRC is not aware of any
inconsistencies related to this rulemaking and the various Orders,
increased controls or security measures. The other comments are beyond
the scope of this rulemaking.
Comment J.13: One commenter asked how the NRC is going to assure
that all licensees enter data as required. The commenter asked what
would be done if the recipient does not enter data and the initial
shipper subsequently receives information that the source has decayed
below the reporting threshold.
Response: Data entry for the National Source Tracking System is
subject to inspection. If licensees are not reporting data as required,
NRC and the Agreement States can take enforcement action. The system
will have built-in features that will trigger an alarm for mis-matched
transactions. The system will not catch situations in which both sides
of the transaction have failed to report; however, these transactions
should be captured and corrected during the annual reconciliation
process. In addition, licensees reporting to the National Source
Tracking System are subject to requirements in NRC regulations (for
example, 10 CFR 30.9) that information provided to the NRC shall be
complete and accurate in all material respects.
K. System Aspects
Comment K.1: One commenter suggested that the National Source
Tracking System should be operated as a separate and independent system
under the current Nuclear Materials Management and Safeguards System
(NMMSS). The commenter stated that this would result in significantly
lower costs for system development and operation, improved quality of
the information, and less burden on licensees.
Response: This comment is beyond the scope of this rulemaking. This
rulemaking establishes the reporting requirements for the National
Source Tracking System. The actual database development and operation
is not conducted through rulemaking; the NRC will obtain the system
through a formal procurement process. Section L addresses the use of
NMMSS for byproduct source tracking.
Comment K.2: A Federal agency requested that the NRC work jointly
with it on a data sharing format to allow them and other agencies to
use National Source Tracking System data. The commenter stated that
agencies across the Federal government should have the opportunity to
leverage the data collected by extracting other information useful to
the American public, thereby representing potential benefits to
government agencies and the American public.
Response: An Interagency Coordinating Committee was formed to
address these and other issues. Other agencies will be allowed access
to the data on a need to know basis. NRC, in conjunction with the
Interagency Coordinating Committee, will develop a procedure for
handling requests for data access.
Comment K.3: One commenter requested information on how the
database information would be safeguarded from computer hackers. The
commenter stated that if a terrorist gained access to the database,
they would have access to a listing of all the large sources.
Therefore, the commenter believes that a national database
[[Page 65703]]
actually reduces national safety instead of improving it.
Response: NRC shares the commenter's concern about computer
security. The National Source Tracking System will receive security
accreditation before it can be used. The security information for the
system will not be made publicly available.
Comment K.4: One commenter suggested that the source tracking
notification system should include an automatic e-mail notification
when a sender designates a specific licensee in a transfer entry as
this would allow rapid identification of errors in the system at the
time of transfer.
Response: The source tracking system will have some automatic
notification features that will be designed to reduce errors.
Comment K.5: Three commenters noted that NRC should have
interactions with the users of the system prior to the demonstration
workshops that are planned. In addition, commenters stated that NRC
should establish a users group composed of a cross-section of members
of the affected community to develop the formats, input means, and
reports that will be available through the system. The commenter stated
that this will assure that the system is user-friendly while still
meeting NRC's needs. One commenter stated that representatives of
industry must be part of the design team and that this will provide an
opportunity to review the specifications for the system to understand
how the Web interface will operate and what kind of `machine readable'
data format will be used. Another commenter noted that NRC needs to pay
attention to the human side of the database to avoid chaos with the
data collection.
Response: NRC plans to have interactions with stakeholders during
development of the format for the electronic batch files. The names of
those licensees that have expressed interest in participating will be
provided to NRC staff involved in system development. The NRC will
consider the suggestion that industry representatives participate on
the design team.
Comment K.6: One commenter stated that as written the rule would be
extremely burdensome for both licensees and regulators. The commenter
stated that NRC does not fully understand the undertaking of this rule.
The commenter encouraged NRC to work with the industry in the
implementation of the rule and the development of the Web-based system.
Response: Although the rule does pose additional burden on
licensees and NRC, the burden is not extreme. The source tracking
system is an important national initiative that justifies the burden
and is in fact required by statute (the Energy Policy Act of 2005). NRC
has a clear understanding of the implications of this rule for both
industry and NRC. (See also response to K.5.)
Comment K.7: One commenter suggested that NRC should be required to
provide a unique tracking number for each source in the tracking
system.
Response: The National Source Tracking System uses a combination of
the manufacturer, model number, and manufacturer assigned serial number
to identify the sources. The system will assign a unique number for
each source entered in the system.
L. Miscellaneous
Comment L.1: One commenter requested clarification on whether the
proposed rule covers transactions involving devices returned to the
manufacturer for long term disposal.
Response: The rule covers all Category 1 and Category 2 sources in
the possession of NRC licensees, regardless of whether they are being
actively used or are in long term storage. The rule covers the source
within the device and not the device itself.
Comment L.2: A commenter stated that they could not find the basis
for the limits (thresholds) in the IAEA Code of Conduct. The commenter
stated that the values seemed random or arbitrary, specifically the
limits for americium, Th-229, and Ir-192. The commenter further
questioned the addition of several short-lived radionuclides (Ir-192,
Se-75, and Yb-169) and stated that tracking these materials was neither
prudent nor practical.
Response: As stated in the Statements of Consideration for the
proposed rule, IAEA-TECDOC-1344 entitled ``Categorization of
Radioactive Sources'' provides the underlying methodology for the
development of the Code of Conduct thresholds. TECDOC-1344 is now RS-G-
1.9. The categorization system is based on the potential for sources to
cause deterministic effects and uses the `D' values as normalizing
factors. The `D' values are radionuclide-specific activity levels for
the purposes of emergency planning and response. The same methodology
was used for all of the radionuclides.
Comment L.3: The commenter stated that regulations that focus on
the transportation of Category 1 and Category 2 sources would be more
appropriate.
Response: Transportation requirements are beyond the scope of this
rulemaking.
Comment L.4: One commenter objected to the National Source Tracking
System automatically delisting and no longer tracking sources at the
point at which they decay below Category 2 levels. The commenter noted
that many licensees may believe that their management responsibilities
also cease when the source decays below the Category 2 threshold, which
could result in more Category 3 sources ending up in the scrap or the
recycling streams.
Response: Licensees are responsible for the safety and security of
all radioactive material in their possession, regardless of activity
level. Both NRC and the Agreement States have inspection programs to
ensure that licensees operate within the bounds of their licenses. The
National Source Tracking System only includes information on Category 1
and Category 2 sources. Once a source decays below the Category 2
threshold, the source is no longer a Category 2 source and the
reporting requirements no longer apply. However, historical data on the
source is not automatically deleted and will be retained by the system.
Comment L.5: Commenters noted that the Security Orders require
notification of the end user of a shipment of a Category 2 source and
verification of the arrival of the source, therefore, a mechanism is
already in place that says the transition took place.
Response: It is correct that notification and verification
requirements have been imposed on some licensees possessing Category 1
and/or Category 2 sources. However, the information is not reported to
the NRC. Without the tracking system, the NRC would not have
information on what sources a licensee actually possesses.
Comment L.6: One commenter noted that there are some differences
between how other countries are implementing similar regulations. The
commenter stated that the European Union has the High-Activity Sealed
Source (HASS) directive, which has different quantities that need to be
reported. The Commenter indicated that the NRC needs to look at this
closely.
Response: From an international perspective, it may be desirable
for all countries to implement regulations in a similar manner;
however, the National Source Tracking System is a domestic tracking
system. That said, the NRC does try to keep abreast of what other
countries are doing. The European Union (EU) directive only applies to
[[Page 65704]]
transfers within the bounds of the EU countries.
Comment L.7: One commenter noted that some of the countries from
which they obtain material will not be providing them the specific
serial numbers for the sources in advance. The commenter states that it
will be difficult to track the material before it is in their
possession.
Response: This final rule does not require licensees to report any
information on sources that are imported until the sources are received
at the licensee's facility. The import/export rule (70 FR 37985; July
1, 2005) does require importers to provide NRC notification of imports.
The notification requirements do include the serial number of the
source, if available.
Comment L.8: One commenter suggested that a possession threshold
amount be established that, if exceeded, would trigger tracking
requirements in order to avoid an undue burden on community medical
facilities that only possess very small quantities of the lower
activity sources.
Response: A threshold possession limit does not work for an item-
level tracking system. Sources would move in and out of the system
depending on how much a particular licensee possessed at a site. A
threshold that applies to all licensees is the appropriate method for
tracking these sources and is how the National Source Tracking System
will operate.
Comment L.9: Two commenters stated that aggregation should not be
considered and thresholds for source tracking should be based solely
upon the Category 1 and Category 2 limits for each source. The
commenter noted that including sources because a licensee possesses a
total number of sources that could exceed some arbitrary threshold
would generate a great deal of confusion and not add to the security or
control of materials. Total limits for sources in possession by
licensees should be regulated by their individual licenses and not by
the National Source Tracking System. Another commenter stated that
clarification is needed to make it clear that the tracking system is
for unique Category 1 or 2 sources and that a licensee's possession
limit is not impacted by the rule.
Response: NRC agrees with these comments. The proposed rule and
this final rule do not contain reporting requirements based on
aggregation of sources and the NRC has no plans to include such
requirements on aggregation for the tracking system in the future. A
specific threshold has been established and all sources at or above the
threshold must be reported, regardless of a licensee's total
possession. The threshold currently is Category 2. The National Source
Tracking System does not affect possession limits.
Comment L.10: Four commenters asked for clarification on decay and
how decay of sources is handled as they go through the system and fall
below the Category 2 threshold for tracking. Commenters requested
information on how the tracking system will reconcile the transition.
One commenter stated that reclassification of a source from Category 1
to Category 2 due to decay should be recorded in the system. Three
commenters stated that the system should automatically generate a
notice when a source moves from a Category 1 to a Category 2 and when
it decays below Category 2.
Response: Decay of sources will automatically be calculated by the
system based on the reported manufacture date or reported activity
date. Once a source has decayed below the Category 2 threshold, it is
no longer considered a nationally tracked source. A licensee will no
longer be required to report transactions involving what is now
considered a Category 3 source. The source status will be automatically
changed from an active source to a decayed source, and the information
on that source will be retained by the system. The licensee will be
automatically notified that transactions on the source no longer need
to be reported because the source has decayed below the threshold. The
system will reclassify a source from Category 1 to Category 2 when it
has decayed below the Category 1 threshold. However, no notifications
are necessary because the reporting requirements are the same for
Category 1 and Category 2 sources.
Comment L.11: One commenter requested clarification on whether
licensees will be required to reconstruct the inventory each year for
the annual reconciliation and verification.
Response: No, the NRC does not expect licensees to conduct a
physical inventory as part of the reconciliation process. The
expectation is that the inventory listing in the database will be
compared to the inventory listing for the site and the licensee will
either report that the database listing is correct or submit
corrections as needed.
Comment L.12: Three commenters noted that the tracking system will
need to accommodate data entries for sources that are imported into
this country which were manufactured and exported before the rule went
into effect.
Response: The reporting of the initial inventory for each licensee
should account for all Category 1 and Category 2 sources in a
licensee's possession. The origin of the source does not matter. NRC
does not expect licensees to reconstruct a source's history. If a
source is imported back to the United States, the source will be added
to the system at that time.
Comment L.13: One commenter stated that source transfers (including
permanent transfers) between the same company but under different
licenses should not be reported.
Response: NRC disagrees with the commenter. Permanent transfers of
sources do need to be reported. Transfers between temporary job sites
do not need to be reported.
Comment L.14: One commenter supported the assignment of unique
serial numbers. The commenter stated that assignment of unique serial
numbers is critical to ensure that the sources are properly managed
throughout their use and at the end of their useful life.
Response: No response is necessary.
Comment L.15: One commenter stated that NRC should clarify whether
the unity rule applies to an individual source with multiple
radionuclides.
Response: The unity rule does not apply to sources under the
National Source Tracking System. Reporting is based on the activity
level of the individual radionuclides in a source with multiple
radionuclides. The sum of the fractions of each radionuclide does not
need to be applied to the source.
Comment L.16: Three commenters asked for clarification on how NRC
plans to handle changes in serial numbers that occur when a source is
installed into a source holder. The commenters noted that sources used
in the oil and gas industry have serial numbers that are assigned by
the manufacturer. However, after the source is permanently installed
into a protective pressure vessel, the source holder is given a
different serial number consistent with the end-user's nomenclature.
The source is then tracked by the source holder serial number. The
commenters recommended that the national source registry allow for
these serial number changes in the life of a source. One of the
commenters stated that NRC should be clear on the specific serial
number that is tracked throughout the entire lifetime of a source.
Response: The National Source Tracking System tracks a source using
the manufacturer's assigned serial number in combination with the
manufacturer and model number. An optional reporting element is a
device serial number. On the paper form, the device number can be added
to the
[[Page 65705]]
comment field. A licensee will be able to search (on-line) its own data
by device number as well as the source number.
Comment L.17: One commenter stated that the rule should address any
potential SGI conflicts when sources are shipped as part of a
Radioactive Material Quantities of Concern (RAMQC) shipment.
Response: The NRC has reviewed the RAMQC requirements and has not
identified any conflicts.
IV. Section by Section Analysis of Substantive Changes
Section 20.1003 Definitions
A definition of nationally tracked sources is added to the
regulations.
Section 20.2207 Reports of Transactions Involving Nationally Tracked
Sources
A new section is added to the regulations to require licensees to
report to the National Source Tracking System transactions involving
nationally tracked sources. Paragraph (a) requires the reporting of the
manufacture of a nationally tracked source. Paragraph (b) requires the
reporting of all transfers of nationally tracked sources to another
authorized facility. Paragraph (c) requires the reporting of all
receipts of a nationally tracked source. The final rule includes a new
transaction for reporting disassembly of a nationally tracked source,
this new requirement is in paragraph (d). Paragraph (e) requires the
reporting of the disposal of any nationally tracked source. Each of
these paragraphs requires the licensee to report specific information
for the transaction, including source information such as the
manufacturer, model, serial number, radioactive material, activity and
activity date. The licensee must also provide the facility name,
license number, name of the individual that prepared the report, and
the transaction date. The final rule also requires reporting the
address of the reporting licensee. If the transaction involves the use
of the Uniform Low-Level Radioactive Waste Manifest, the licensee needs
to report the waste manifest number and the container identification
for the container with the source.
Paragraph (f) requires licensees to report these transactions to
the National Source Tracking System by the close of the next business
day. The regulations allow the licensee to report the transactions
either on-line, electronically using a computer-readable format, by
facsimile, by mail, or by telephone.
Paragraph (g) requires each licensee to correct any error in a
previously filed report or file a new report for a missed transaction
within 5 business days of the discovery of the error or missed
transaction. Each licensee is also required to reconcile and verify the
information in the National Source Tracking System during the month of
January each year. This process involves comparing the inventory
information contained in the National Source Tracking System to the
actual inventory possessed by the licensee. The amendment requires any
discrepancies to be resolved by filing the reports identified by
paragraphs (a) through (e) described above. The final rule clarifies
that once the reconciliation is complete, licensees must submit
confirmation that the data in the National Source Tracking System is
correct. The reconciliation month has been changed from June to January
in the final rule.
Paragraph (h) requires a licensee to report its initial inventory
of Category 1 nationally tracked sources by November 15, 2007, and the
inventory of Category 2 nationally tracked sources by November 30,
2007. These dates have been changed from the proposed rule. Source
information such as the manufacturer, model, serial number, radioactive
material, activity and activity date must be included. The licensee
also needs to provide the facility name, license number, address, and
name of the individual that prepared the report.
Appendix E Nationally Tracked Source Thresholds
A new Appendix is added to part 20 that provides the thresholds for
nationally tracked sources at the Category 1 and Category 2 levels.
Radium-226 has been added to the Appendix and Pu-236, Pu-239, and Pu-
240 have been deleted from the Appendix. The Terabecquerel (TBq) values
listed in Appendix E are the regulatory standard. The curie (Ci) values
specified are obtained by converting from the TBq value. The Ci values
are provided for practical usefulness only and are rounded after
conversion. The curie values are not intended to be the regulatory
standard.
Section 32.2 Definitions
A definition of nationally tracked sources is added to the
regulations.
Section 32.201 Serialization of Nationally Tracked Sources
A new section is added that requires manufacturers of nationally
tracked sources to assign a unique serial number to each nationally
tracked source that is manufactured after the effective date of the
rule.
Part 150
The changes proposed for part 150 are not included in the final
rule. The proposed rule changes to part 150 were intended for Agreement
State licensees. With the change in basis for the rule from promotion
of the common defense and security to protection of the public health
and safety, Agreement State licensees no longer come under part 150 for
the National Source Tracking System. Agreement States are required to
issue legally binding requirements for their licensees. This could be
done through promulgating a comparable rule, issuing orders, or adding
or revising individual license conditions. The final rule is an
immediate mandatory matter of compatibility. The Agreement States must
issue the legally binding requirements such that the compliance dates
for the final rule and the legally binding requirements are the same.
This will ensure that both NRC and Agreement State licensees all begin
reporting at the same time. The Agreement States will be responsible
for implementation for their licensees, including inspection and
enforcement.
V. Criminal Penalties
For the purpose of Section 223 of the Atomic Energy Act (AEA), the
Commission is amending 10 CFR parts 20 and 32 under one or more of
Sections 161b, 161i, or 161o of the AEA. Willful violations of the rule
will be subject to criminal enforcement.
VI. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), Sec. 20.2207, the final rule is classified as Compatibility
Category ``B.'' The NRC program elements in this category are those
that apply to activities that have direct and significant transboundary
implications. An Agreement State should adopt program elements
essentially identical to those of NRC. Agreement State and NRC
licensees would report their transactions to the National Source
Tracking System. The database would be maintained by NRC.
VII. Voluntary Consensus Standards
The National Technology Transfer Act of 1995 (Pub. L. 104-113)
requires that Federal agencies use technical standards that are
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is
[[Page 65706]]
inconsistent with applicable law or otherwise impractical. In this
final rule, the NRC requires licensees that possess, manufacture,
transfer, receive, disassemble, or dispose of nationally tracked
sources to report the information relating to such transactions to the
National Source Tracking System. This action does not constitute the
establishment of a standard that contains generally applicable
requirements.
VIII. Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described as a categorical exclusion in 10 CFR 51.22(c)(3)(iii) for the
changes to parts 20 and 32. Therefore, neither an environmental impact
statement nor an environmental assessment has been prepared for this
final rule.
IX. Paperwork Reduction Act Statement
This final rule contains new or amended information collection
requirements that are subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). These requirements were approved by the
Office of Management and Budget, approval numbers 3150-0014, 3150-0001,
and 3150-0202.
The burden to the public for the information collections in NRC
Form 748 is estimated to average 10 minutes per response plus an
annualized one-time burden of 80 hours per recordkeeper, the burden for
the information collections in 10 CFR part 20 is estimated to average 1
hour per response plus an annualize one-time burden of 8 hours per
recordkeeper, and the burden for the information collections in 10 CFR
part 32 is estimated to average 45 hours per recordkeeper. This
includes the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the information collection. Send comments on any aspect of
these information collections, including suggestions for reducing the
burden, to the Records and FOIA/Privacy Services Branch (T-5 F53), U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by
Internet electronic mail to [email protected]; and to the Desk
Officer, Office of Information and Regulatory Affairs, NEOB-10202,
(3150-0014, 3150-0001, and 3150-0202), Office of Management and Budget,
Washington, DC 20503.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
X. Regulatory Analysis
The Commission has prepared a regulatory analysis on this
regulation. The analysis examines the costs and benefits of the
alternatives considered by the Commission.
The largest burden would likely fall on the manufacturers and
distributors of nationally tracked sources because they will have the
most transactions to report. The NRC believes that by allowing batch
loading of information using a computer-readable format, the burden on
the high transaction licensees is reduced. The present value of the
costs of the National Source Tracking System to the NRC is estimated to
be $29.4 million and to industry is estimated to be $3.9 million in
2006 dollars using a 3 percent discount rate. These estimated costs
include the cost of development of the system and operation and
maintenance through the year 2016.
The analysis is available for inspection in the NRC Public Document
Room, 11555 Rockville Pike, Rockville, MD. Single copies of the
regulatory analysis are available from Merri Horn, telephone (301) 415-
8126, e-mail, [email protected] of the Office of Nuclear Material Safety and
Safeguards.
XI. Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule does not have a
significant economic impact on a substantial number of small entities.
On the basis of information available to the Commission when the
proposed rule was published, the Commission certified that the proposed
rule, if adopted, would not have a significant impact on a substantial
number of small entities. The Commission invited any small entity that
determined that it is likely to bear a disproportionate economic impact
because of its size to notify the Commission.
The Commission did not receive any comments on the impact to small
entities. The final rule affects about 350 NRC licensees and an
additional 1,000 Agreement State licensees. Examples of affected
licensees include laboratories, reactors, universities, colleges,
medical clinics, hospitals, irradiators, and radiographers, some of
which may qualify as small business entities as defined by 10 CFR
2.810. However, the final rule is not expected to have a significant
economic impact on these licensees.
The total time required by a licensee to complete each National
Source Tracking Transaction report is estimated to be approximately 15
minutes, depending on the number of sources involved in the transaction
and the method of reporting. This is time needed to complete the
report. No research or compilation is necessary as all information is
transcribed from bills of lading, in-house records kept for other
purposes, sales agreements, etc. Each licensee would also spend on
average 1 hour on the annual reconciliation. The total annual burden to
perform the proposed reporting is approximately 11,604 hours. Based on
the regulatory analysis conducted for this action, the costs of the
amendments for affected licensees are estimated to be $3.9 million
total or on average about $2,889 per affected licensee. The NRC
believes that the selected alternative reflected in the amendment is
the least burdensome, most flexible alternative that would accomplish
the NRC's regulatory objective.
XII. Backfit Analysis
The NRC has determined that the backfit rule (Sec. Sec. 50.109,
70.76, 72.62, or 76.76) does not apply to this final rule because this
amendment would not involve any provisions that would impose backfits
as defined in the backfit rule. Therefore, a backfit analysis is not
required.
XIII. Congressional Review Act
In accordance with the Congressional Review Act of 1996, the NRC
has determined that this action is not a major rule and has verified
this determination with the Office of Information and Regulatory
Affairs of OMB.
List of Subjects
10 CFR Part 20
Byproduct material, Criminal penalties, Licensed material, Nuclear
materials, Nuclear power plants and reactors, Occupational safety and
health, Packaging and containers, Radiation protection, Reporting and
recordkeeping requirements, Source material, Special nuclear material,
Waste treatment and disposal.
10 CFR Part 32
Byproduct material, Criminal penalties, Labeling, Nuclear
materials,
[[Page 65707]]
Radiation protection, Reporting and recordkeeping requirements.
0
For the reasons set out in the preamble and under the authority of the
Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of
1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the
following amendments to 10 CFR parts 20 and 32.
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
0
1. The authority citation for part 20 is revised to read as follows:
Authority: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701,
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133,
2134, 2201, 2232, 2236, 2297f), secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note), Energy Policy Act
of 2005, Pub. L. 109-58, 119 Stat. 594 (2005).
0
2. In Sec. 20.1003, a new definition Nationally tracked source is
added in alphabetical order to read as follows:
Sec. 20.1003 Definitions.
* * * * *
Nationally tracked source is a sealed source containing a quantity
equal to or greater than Category 1 or Category 2 levels of any
radioactive material listed in Appendix E of this part. In this context
a sealed source is defined as radioactive material that is sealed in a
capsule or closely bonded, in a solid form and which is not exempt from
regulatory control. It does not mean material encapsulated solely for
disposal, or nuclear material contained in any fuel assembly,
subassembly, fuel rod, or fuel pellet. Category 1 nationally tracked
sources are those containing radioactive material at a quantity equal
to or greater than the Category 1 threshold. Category 2 nationally
tracked sources are those containing radioactive material at a quantity
equal to or greater than the Category 2 threshold but less than the
Category 1 threshold.
* * * * *
0
3. In Sec. 20.1009 paragraph (b) is revised and paragraph (c)(6) is
added to read as follows:
Sec. 20.1009 Information collection requirements: OMB approval.
* * * * *
(b) The approved information collection requirements contained in
this part appear in Sec. Sec. 20.1003, 20.1101, 20.1202, 20.1203,
20.1204, 20.1206, 20.1208, 20.1301, 20.1302, 20.1403, 20.1404, 20.1406,
20.1501, 20.1601, 20.1703, 20.1901, 20.1904, 20.1905, 20.1906, 20.2002,
20.2004, 20.2005, 20.2006, 20.2102, 20.2103, 20.2104, 20.2105, 20.2106,
20.2107, 20.2108, 20.2110, 20.2201, 20.2202, 20.2203, 20.2204, 20.2205,
20.2206, 20.2207, 20.2301, and appendix G to this part.
(c) * * *
(6) In Sec. 20.2207, NRC Form 748 is approved under control number
3150-0202.
0
4. Section 20.2207 is added under Subpart M to read as follows:
Sec. 20.2207 Reports of transactions involving nationally tracked
sources.
Each licensee who manufactures, transfers, receives, disassembles,
or disposes of a nationally tracked source shall complete and submit a
National Source Tracking Transaction Report as specified in paragraphs
(a) through (e) of this section for each type of transaction.
(a) Each licensee who manufactures a nationally tracked source
shall complete and submit a National Source Tracking Transaction
Report. The report must include the following information:
(1) The name, address, and license number of the reporting
licensee;
(2) The name of the individual preparing the report;
(3) The manufacturer, model, and serial number of the source;
(4) The radioactive material in the source;
(5) The initial source strength in becquerels (curies) at the time
of manufacture; and
(6) The manufacture date of the source.
(b) Each licensee that transfers a nationally tracked source to
another person shall complete and submit a National Source Tracking
Transaction Report. The report must include the following information:
(1) The name, address, and license number of the reporting
licensee;
(2) The name of the individual preparing the report;
(3) The name and license number of the recipient facility and the
shipping address;
(4) The manufacturer, model, and serial number of the source or, if
not available, other information to uniquely identify the source;
(5) The radioactive material in the source;
(6) The initial or current source strength in becquerels (curies);
(7) The date for which the source strength is reported;
(8) The shipping date;
(9) The estimated arrival date; and
(10) For nationally tracked sources transferred as waste under a
Uniform Low-Level Radioactive Waste Manifest, the waste manifest number
and the container identification of the container with the nationally
tracked source.
(c) Each licensee that receives a nationally tracked source shall
complete and submit a National Source Tracking Transaction Report. The
report must include the following information:
(1) The name, address, and license number of the reporting
licensee;
(2) The name of the individual preparing the report;
(3) The name, address, and license number of the person that
provided the source;
(4) The manufacturer, model, and serial number of the source or, if
not available, other information to uniquely identify the source;
(5) The radioactive material in the source;
(6) The initial or current source strength in becquerels (curies);
(7) The date for which the source strength is reported;
(8) The date of receipt; and
(9) For material received under a Uniform Low-Level Radioactive
Waste Manifest, the waste manifest number and the container
identification with the nationally tracked source.
(d) Each licensee that disassembles a nationally tracked source
shall complete and submit a National Source Tracking Transaction
Report. The report must include the following information:
(1) The name, address, and license number of the reporting
licensee;
(2) The name of the individual preparing the report;
(3) The manufacturer, model, and serial number of the source or, if
not available, other information to uniquely identify the source;
(4) The radioactive material in the source;
(5) The initial or current source strength in becquerels (curies);
(6) The date for which the source strength is reported;
(7) The disassemble date of the source.
(e) Each licensee who disposes of a nationally tracked source shall
complete and submit a National Source Tracking Transaction Report. The
report must include the following information:
(1) The name, address, and license number of the reporting
licensee;
(2) The name of the individual preparing the report;
(3) The waste manifest number;
(4) The container identification with the nationally tracked
source.
(5) The date of disposal; and
(6) The method of disposal.
(f) The reports discussed in paragraphs (a) through (e) of this
section must be submitted by the close of the next business day after
the transaction. A single report may be submitted for multiple sources
and transactions. The
[[Page 65708]]
reports must be submitted to the National Source Tracking System by
using:
(1) The on-line National Source Tracking System;
(2) Electronically using a computer-readable format;
(3) By facsimile;
(4) By mail to the address on the National Source Tracking
Transaction Report Form (NRC Form 748); or
(5) By telephone with followup by facsimile or mail.
(g) Each licensee shall correct any error in previously filed
reports or file a new report for any missed transaction within 5
business days of the discovery of the error or missed transaction. Such
errors may be detected by a variety of methods such as administrative
reviews or by physical inventories required by regulation. In addition,
each licensee shall reconcile the inventory of nationally tracked
sources possessed by the licensee against that licensee's data in the
National Source Tracking System. The reconciliation must be conducted
during the month of January in each year. The reconciliation process
must include resolving any discrepancies between the National Source
Tracking System and the actual inventory by filing the reports
identified by paragraphs (a) through (e) of this section. By January 31
of each year, each licensee must submit to the National Source Tracking
System confirmation that the data in the National Source Tracking
System is correct.
(h) Each licensee that possesses Category 1 nationally tracked
sources shall report its initial inventory of Category 1 nationally
tracked sources to the National Source Tracking System by November 15,
2007. Each licensee that possesses Category 2 nationally tracked
sources shall report its initial inventory of Category 2 nationally
tracked sources to the National Source Tracking System by November 30,
2007. The information may be submitted by using any of the methods
identified by paragraph (f)(1) through (f)(4) of this section. The
initial inventory report must include the following information:
(1) The name, address, and license number of the reporting
licensee;
(2) The name of the individual preparing the report;
(3) The manufacturer, model, and serial number of each nationally
tracked source or, if not available, other information to uniquely
identify the source;
(4) The radioactive material in the sealed source;
(5) The initial or current source strength in becquerels (curies);
and
(6) The date for which the source strength is reported.
0
5. In part 20, new Appendix E is added to read as follows:
Appendix E to Part 20--Nationally Tracked Source Thresholds
The Terabecquerel (TBq) values are the regulatory standard. The
curie (Ci) values specified are obtained by converting from the TBq
value. The curie values are provided for practical usefulness only
and are rounded after conversion.
----------------------------------------------------------------------------------------------------------------
Category 1 Category 1 Category 2 Category 2
Radioactive material (TBq) (Ci) (TBq) (Ci)
----------------------------------------------------------------------------------------------------------------
Actinium-227.................................... 20 540 0.2 5.4
Americium-241................................... 60 1,600 0.6 16
Americium-241/Be................................ 60 1,600 0.6 16
Californium-252................................. 20 540 0.2 5.4
Cobalt-60....................................... 30 810 0.3 8.1
Curium-244...................................... 50 1,400 0.5 14
Cesium-137...................................... 100 2,700 1 27
Gadolinium-153.................................. 1,000 27,000 10 270
Iridium-192..................................... 80 2,200 0.8 22
Plutonium-238................................... 60 1,600 0.6 16
Plutonium-239/Be................................ 60 1,600 0.6 16
Polonium-210.................................... 60 1,600 0.6 16
Promethium-147.................................. 40,000 1,100,000 400 11,000
Radium-226...................................... 40 1,100 0.4 11
Selenium-75..................................... 200 5,400 2 54
Strontium-90.................................... 1,000 27,000 10 270
Thorium-228..................................... 20 540 0.2 5.4
Thorium-229..................................... 20 540 0.2 5.4
Thulium-170..................................... 20,000 540,000 200 5,400
Ytterbium-169................................... 300 8,100 3 81
----------------------------------------------------------------------------------------------------------------
PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL
0
6. The authority citation for part 32 is revised to read as follows:
Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954,
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note), Energy Policy Act of 2005, Pub. L. No. 109-58,
119 Stat. 594 (2005).
0
7. In Sec. 32.2, the paragraph designations are removed and a new
definition Nationally tracked source is added in alphabetical order to
read as follows:
Sec. 32.2 Definitions.
* * * * *
Nationally tracked source is a sealed source containing a quantity
equal to or greater than Category 1 or Category 2 levels of any
radioactive material listed in Appendix E to part 20 of this Chapter.
In this context a sealed source is defined as radioactive material that
is sealed in a capsule or closely bonded, in a solid form and which is
not exempt from regulatory control. It does not mean material
encapsulated solely for disposal, or nuclear material contained in any
fuel assembly, subassembly, fuel rod, or fuel pellet. Category 1
nationally tracked sources are those containing radioactive material at
a quantity equal to or greater than the Category 1 threshold. Category
2 nationally tracked sources are those containing radioactive material
at a quantity equal to or greater than the Category 2 threshold but
less than the Category 1 threshold.
0
8. In Sec. 32.8, paragraph (b) is revised to read as follows:
Sec. 32.8 Information collection requirements: OMB approval.
* * * * *
[[Page 65709]]
(b) The approved information collection requirements contained in
this part appear in Sec. Sec. 32.11, 32.12, 32.14, 32.15, 32.16,
32.17, 32.18, 32.19, 32.20, 32.21, 32.21a, 32.22, 32.23, 32.25, 32.26,
32.27, 32.29, 32.51, 32.51a, 32.52, 32.53, 32.54, 32.55, 32.56, 32.57,
32.58, 32.61, 32.62, 32.71, 32.72, 32.74, 32.201, and 32.210.
0
9. Section 32.201 is added under Subpart D to read as follows:
Subpart D--Specifically Licensed Items
Sec. 32.201 Serialization of nationally tracked sources.
Each licensee who manufactures a nationally tracked source after
February 6, 2007 shall assign a unique serial number to each nationally
tracked source. Serial numbers must be composed only of alpha-numeric
characters.
Dated at Rockville, Maryland, this 1st day of November, 2006.
For the Nuclear Regulatory Commission.
Annette Vietti Cook,
Secretary of the Commission.
[FR Doc. E6-18713 Filed 11-7-06; 8:45 am]
BILLING CODE 7590-01-P