[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Rules and Regulations]
[Pages 59162-59163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20591]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 20
RIN 3150-AI22
National Source Tracking of Sealed Sources; Revised Compliance
Dates
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to revise the compliance dates for licensees to begin
reporting source transactions and initial source inventory information
to the National Source Tracking System for nationally tracked sources.
No other requirements related to the National Source Tracking System
are being revised by this rule.
DATES: Effective Date: This final rule is effective October 19, 2007.
Compliance Dates: Compliance with the reporting provisions in 10 CFR
20.2207 is required by January 31, 2009 for both Category 1 sources and
Category 2 sources.
FOR FURTHER INFORMATION CONTACT: Merri Horn, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone (301) 415-
8126, e-mail, [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion and Need for the Rule
The President signed the Energy Policy Act of 2005 (Pub. L. 109-58,
119 Stat. 594) 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 NRC issued the final rule for the National Source
Tracking System on November 8, 2006 (71 FR 65686).
The National Source Tracking System rule requires licensees to
report information on the manufacture, transfer, receipt, disassembly,
and disposal of nationally tracked sources. This information will be
entered into a computerized data base. The National Source Tracking
System will capture information on the origin of each nationally
tracked source (manufacture or import), all transfers to other
licensees, all receipts of nationally 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.
The compliance dates for licensees to report initial source
inventories was November 15, 2007, for Category 1 sources and November
30, 2007, for Category 2 sources. These were also the dates to start
reporting source transactions for entry into the system. The NRC
anticipated that system development and all testing would be complete
and the National Source Tracking System would be operational by
November 2007. However, system development has taken longer than
anticipated and the system will not be ready to accept data by November
2007. Therefore, the NRC is revising the compliance dates for which
reporting is to start.
The requirements for Category 1 nationally tracked sources will now
be implemented by January 31, 2009. 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 also be
implemented by January 31, 2009. By this date, all licensees must have
reported their initial inventories of Category 2 nationally tracked
sources and begin reporting all transactions to the National Source
Tracking System.
II. Section by Section Analysis of Substantive Changes
Section 20.2207--Reports of Transactions Involving Nationally Tracked
Sources
Paragraph (h) is revised to require a licensee to report its
initial inventory of Category 1 nationally tracked sources by January
31, 2009, and the inventory of Category 2 nationally tracked sources by
January 31, 2009.
III. Bases and Findings for Dispensing With Notice and Comment and for
Making Rule Immediately Effective
Generally, NRC rulemaking involves issuing rules using the public
notice and comment procedures set forth in the Administrative Procedure
Act (APA). Typically, a proposed rule is issued for comment and any
comments submitted are evaluated in the agency's development of the
final rule. But under 5 U.S.C 553(b)(3)(B), a Federal agency such as
the NRC may dispense with those procedures where it finds for ``good
cause'' that notice and public procedures thereon are ``impracticable,
unnecessary, or contrary to the public interest.'' In this case,
notice-and-comment procedures are not required because the usual public
rulemaking procedures are impracticable. The National Source Tracking
System will not be ready to accept data received from licensees by the
original compliance dates in the final rule. Compliance with the rule
by those dates is not feasible, and no purpose would be served by
seeking public comment on whether to extend the compliance dates.
Therefore, under 5 U.S.C. 553(b)(3)(B), good cause exists to dispense
with notice and comment procedures.
In addition, this rule is immediately effective upon publication in
accordance with 5 U.S.C. 553(d)(1) because it is a substantive rule
granting or recognizing an exemption or relieving a restriction.
Specifically, the rule
[[Page 59163]]
relieves licensees from the requirement to report initial source
inventories and source transactions for entry into the National Source
Tracking System by the dates for compliance specified in the final
rule.
IV. Criminal Penalties
For the purpose of Section 223 of the Atomic Energy Act (AEA), the
Commission is amending 10 CFR part 20 under one or more of Sections
161b, 161i, or 161o of the AEA. Willful violations of the rule will be
subject to criminal enforcement.
V. 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 in the final rule on National Source Tracking 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 data base would be maintained by NRC. The
Agreement States are expected to adopt legally binding requirements on
their licensees such that all licensees, both NRC and Agreement States,
will begin reporting at the same time.
VI. 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 inconsistent with applicable law or otherwise
impractical. In this final rule, the NRC is revising the compliance
dates for licensees to begin reporting information on source
transactions and initial source inventories of nationally tracked
sources to the National Source Tracking System. This action does not
constitute the establishment of a standard that contains generally
applicable requirements.
VII. 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).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this final rule.
VIII. Paperwork Reduction Act Statement
This final rule does not contain new or amended information
collection requirements that are subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved
by the Office of Management and Budget, approval numbers 3150-0014,
3150-0001, and 3150-0202.
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.
IX. Regulatory Analysis
A regulatory analysis has not been prepared for this final rule
because it relieves restrictions and does not impose any regulatory
burdens on licensees.
X. 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 does not involve any provisions that would impose backfits as
defined in the backfit rule. Therefore, a backfit analysis is not
required.
XI. 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 Office of Management and Budget.
List of Subjects in 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.
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 part 20.
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
0
1. The authority citation for part 20 continues 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. Section 20.2207 is amended by revising paragraph (h) to read as
follows:
Sec. 20.2207 Reports of transactions involving nationally tracked
sources.
* * * * *
(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 January 31,
2009. 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 January 31,
2009. 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.
Dated at Rockville, Maryland, this 3rd day of October, 2007.
For the Nuclear Regulatory Commission.
William F. Kane,
Acting Executive Director for Operations.
[FR Doc. E7-20591 Filed 10-18-07; 8:45 am]
BILLING CODE 7590-01-P