[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Proposed Rules]
[Pages 2924-2926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1209]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 /
Proposed Rules
[[Page 2924]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 110
[NRC-2012-0008]
Notice of Public Meeting and Request for Comment on the Branch
Technical Position on the Import of Non-U.S. Origin Radioactive Sources
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of public meeting and request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) plans to conduct
a public meeting on January 24, 2012, in Rockville, Maryland, to
solicit input on a draft Branch Technical Position (BTP) on the Import
of non-U.S. Origin Radioactive Sources. In 2010, the NRC published a
final rule amending 10 CFR part 110 (75 FR 44072; July 28, 2010). Among
other things, it added the phrase ``Of U.S. origin'' to the first
exclusion to the definition of ``radioactive waste'' in Sec. 110.2.
The phrase was added to the final rule in response to a public comment
on the proposed rule to clarify the exclusion. Since publication of the
final rule, industry has raised concerns with NRC staff regarding
established industry practices and the need for guidance on
implementation of the ``U.S. origin'' exclusion. The staff is holding a
public meeting to obtain comments from stakeholders on the draft BTP
and to discuss implementation issues associated with the ``U.S.
origin'' exclusion.
DATES: Members of the public may provide feedback at the public meeting
or may submit written comments on the issues discussed in this
document. Comments on the BTP presented in this notice and discussed at
the meeting should be postmarked no later than March 5, 2012. Comments
received after this date will be considered if it is practical to do
so. NRC plans to consider these stakeholder views in the development of
a revised draft BTP.
Written comments may be sent to the address listed in the ADDRESSES
section. Questions about participation in the public meeting should be
directed to the facilitator at the address listed in the ADDRESSES
section. Replies should be directed to the points of contact listed in
the FOR FURTHER INFORMATION CONTACT section.
The public meeting will be held on January 24, 2012, from 9:00 to
11 a.m. at One White Flint North, Room 16-B04, 11555 Rockville Pike,
Rockville, Maryland 20852.
The agenda for the public meeting will be noticed no fewer than ten
(10) days prior to the meeting on the NRC's electronic public meeting
schedule web page at http://www.nrc.gov/public-involve/public-meetings/index.cfm. Please refer to the SUPPLEMENTARY INFORMATION section of
this notice for questions that will be discussed at the meeting. The
supplemental information below also contains a copy of the draft BTP.
The draft BTP is available in the Agencywide Documents Access and
Management System (ADAMS) under ML11300A194.
The staff has prepared the BTP draft for review by stakeholders.
This draft is meant to serve as a starting point for NRC's efforts to
develop the document. This draft BTP does not change the regulations in
10 CFR part 110; it clarifies what is meant by ``U.S. origin'' and
details how the NRC interprets this exclusion to the definition of
``radioactive waste.''
Staff is using the public's input, now, to frame and develop the
scope of the draft BTP, which will be issued again. Following the
public meeting, staff will consider comments received at the meeting
and in response to this Federal Register notice, and then formally
issue a BTP for comment in the Federal Register.
ADDRESSES: Please include Docket ID NRC-2012-0008 in the subject line
of your comments. For additional instructions on submitting comments
and instructions on accessing documents related to this action, see
``Submitting Comments and Accessing Information'' in the SUPPLEMENTARY
INFORMATION section of this document. You may submit comments by any
one of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search NRC-2012-0008. Address questions about
NRC dockets to Carol Gallagher, telephone: (301) 492-3668; email:
[email protected].
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Email comments to: [email protected]. If you do
not receive a reply email confirming that we have received your
comments, contact us directly at (301) 415-1677.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at (301) 415-1101.
FOR FURTHER INFORMATION CONTACT: Jenny Tobin Wollenweber, Office of
International Programs, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001; telephone (301) 415-2328; email [email protected].
SUPPLEMENTARY INFORMATION:
I. Submitting Comments and Accessing Information
Comments submitted in writing or in electronic form will be posted
on the NRC Web site and on the Federal rulemaking Web site, http://www.regulations.gov. Because your comments will not be edited to remove
any identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their contact information, and
therefore, they should not include any information in their comments
that they do not want publicly disclosed.
You can access publicly available documents related to this action
using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
ADAMS: Publicly available documents created or received at
the NRC are available online in the NRC Library at http://www.nrc.gov/
reading-
[[Page 2925]]
rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of the NRC's public documents. If
you do not have access to ADAMS or if there are problems in accessing
the documents located in ADAMS, contact the NRC's PDR reference staff
at 1-(800) 397-4209, (301) 415-4737, or by email to
[email protected]. The Branch Technical Position paper is accessible
under ADAMS Accession No. ML11300A194.
Federal Rulemaking Web Site: Public comments and
supporting materials related to this proposed Branch Technical Position
paper can be found at http://www.regulations.gov by searching on Docket
ID NRC-2012-0008.
II. Branch Technical Position
A. Introduction
The NRC's regulations in 10 CFR part 110 (Part 110), ``Export and
Import of Nuclear Equipment and Material,'' establishes the general and
specific export and import licensing requirements for special nuclear,
source and byproduct material including radioactive waste.
``Radioactive waste'' is defined in 10 CFR 110.2 as ``[a]ny material
that contains or is contaminated with source, byproduct or special
nuclear material that by its possession would require a specific
radioactive material license in accordance with this Chapter [10 CFR
Chapter I] and is exported or imported for the purposes of disposal in
a land disposal facility as defined in 10 CFR Part 61, a disposal area
as defined in Appendix A of 10 CFR Part 40, or an equivalent
facility.''
There are six exclusions in 10 CFR 110.2 to the definition of
``radioactive waste.'' The sealed source exclusion (exclusion one) is
defined as radioactive material that is ``[o]f U.S. origin and
contained in a sealed source, or device containing a sealed source,
that is being returned to a manufacturer, distributor or other entity
which is authorized to receive and possess the sealed source or the
device containing a sealed source.'' \1\ Disused sources that satisfy
an exclusion to the definition of ``radioactive waste'' may be imported
under the general license in 10 CFR 110.27, which requires that the
U.S. consignee be authorized to receive and possess the material under
the relevant NRC or Agreement State regulations and that the importer
satisfy the terms for the general license set forth in 10 CFR 110.50.
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\1\ The NRC provided the following guidance on the scope of
``U.S. origin'' on NRC's Export and Import Web page at (http://www.nrc.gov/about-nrc/ip/export-import.html):
``U.S. origin was added in the first exclusion to the definition
of radioactive waste to clarify that the exclusion only applies to
sources of U.S. origin. U.S. origin sources may include sources with
U.S. origin material and sources or devices manufactured, assembled
or distributed by a U.S. company from a licensed domestic facility.
Disused sources that originated in a country other than the United
States would require a specific license if being exported or
imported for disposal.''
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The NRC has developed this technical position to provide guidance
to source manufacturers, distributors, or other entity on the NRC's
application of the sealed source exclusion to imports into the U.S. of
non-U.S. origin disused sources.\2\
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\2\ The terms ``supplier'' and ``importer'' are used
interchangeably in this document with ``manufacturers, distributors,
or other entity.''
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B. Background
On July 28, 2010, the NRC published a final rule in the Federal
Register (75 FR 44072) that amended several provisions in 10 CFR part
110 to improve NRC's regulatory framework for the export and import of
nuclear equipment, material, and radioactive waste. The sealed source
exclusion to the definition of ``radioactive waste'' was revised, in
response to a comment, to confirm that the exclusion applies to sources
of ``U.S. origin'' being returned to an authorized domestic licensee.
The addition of the term ``U.S. origin'' to the sealed source exclusion
was consistent with the original intent of the exclusion, initially
adopted in a 1995 rule.\3\ In accordance with International Atomic
Energy Agency (IAEA) Code of Conduct on the Safety and Security of
Radioactive Sources and the IAEA supplemental Guidance on the Import
and Export of Radioactive Sources, the NRC believed that encouraging
return of disused sources to the country of origin would help prevent
sources from becoming ``orphaned'' by facilitating responsible handling
of sources at the end of their life cycle. See Import and Export of
Radioactive Waste, 57 FR 17859, 17861 (July 21, 1992) (proposed rule)
(``the return of used or depleted sealed sources, gauges, and similar
items to the U.S. or to another original exporting country for
reconditioning, recycling or disposal may * * * help ensure that such
materials are handled responsibly and not left in dispersed and perhaps
unregulated locations around the world''). The NRC's willingness to
embrace this policy was in large part informed by U.S. industry
comments that there is a ``widely accepted practice, usually rooted in
a sales or leasing contract or other agreement, of returning depleted
sealed radioactive sources, used gauges, and other instruments
containing radioactive materials * * * to the original supplier-
manufacturer for recycle or disposal.'' 57 FR at 17864. See also, e.g.,
id. at 17861 (``the sale of a source is often conditioned on later
return of the source for disposal''). Accordingly, central to the
sealed source exclusion was the NRC's understanding, based on U.S.
industry representations, that new and disused sources are routinely
exchanged on a ``one-for-one'' basis--i.e., a new source is exchanged
for a disused source \4\--with the result that the number of disused
sources imported is not greater than the number of new sources
exported.
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\3\ Import and Export of Radioactive Waste, 60 FR 37556 (July
21, 1995).
\4\ The sealed sources are changed out when the decay of the
source limits the usefulness of the material. At this point, a
supplier typically will send a new source and the user will return
the used source in the same shielded container. This practice is
typically formalized in the contract between the user and the
supplier. Sometimes the sources are still useful and can be recycled
for re-use in a different application. In that case, the sixth
exclusion to the definition of ``radioactive waste'' applies and the
source can be imported under a general license even if it is of non-
U.S. origin. Guidance on this exclusion can be found on NRC's Export
and Import Web page at http://www.nrc.gov/about-nrc/ip/export-import.html and is in harmony with this position paper.
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After the addition of ``U.S. origin'' to the sealed source
exclusion in the 2010 rule, it came to the staff's attention that,
while it remains a widespread industry practice to exchange new and
disused sources on a ``one-for-one'' basis, in light of the current
global supply market it is not always possible for a supplier to
definitively ascertain the origin of a particular disused source that
is exchanged for a new one before import and receipt of the disused
source. With established customers, the disused sources will generally
be of U.S. origin; however, for new customers, some of the sources
initially being returned may not be of U.S. origin.
Once a source is imported and received, the manufacturer,
distributor, or other entity technically has the ability to determine
the source's origin. However, the only way for the supplier to
accomplish this is by exposing its personnel to additional radiation
doses. Specifically, the supplier must use a glove-box to take the
source out of its casing to read the serial numbers and correlate those
numbers to different manufacturers' coding patterns.
C. Regulatory Position
The NRC has construed the ``U.S. origin'' provision in the context
of the industry's recent clarification of international source exchange
practices.
[[Page 2926]]
The NRC recognizes that in some circumstances it may not be feasible
for the importer to determine the country of origin for disused sources
it seeks to exchange prior to import. If, after a good faith effort the
U.S. manufacturer, distributor, or other entity cannot determine
whether an imported disused source that has been exchanged for a new
source is of U.S. origin without exposing personnel to additional
doses, the source in question shall be deemed to be of U.S. origin for
the purposes of the sealed source exclusion to the definition of
``radioactive waste'' in 10 CFR 110.2.\5\ This application of the
sealed source exclusion is limited to disused sources imported into the
U.S. that have been exchanged for a new source in a foreign country on
a ``one-for-one'' basis. Accordingly, it is the NRC's expectation that
the number of disused sources imported by the manufacturer or
distributor into the U.S. must not be greater than the number of new or
refurbished sources exported by that manufacturer or distributor.
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\5\ The definition of ``radioactive waste'' in this Branch
Technical Position paper pertains solely to export and import. It
does not affect or alter the domestic regulations of ``waste'' as
defined in 10 CFR 20.1003.
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The NRC believes that this application of the sealed source
exclusion reasonably balances the interests of public health and safety
and international policy interests in responsible handling of sources
at the end of their useful life. The approach preserves the fundamental
policy rationale underlying the original exclusion--to prevent sources
from being dispersed in unregulated locations around the world by
facilitating a ``one-for one'' exchange of U.S.-supplied new and
disused sources--while avoiding additional and unnecessary radiation
exposure to workers consistent with the ``as low as reasonably
achievable'' (ALARA) requirement in 10 CFR 20.1101(b).
The NRC expects U.S. manufacturers, distributors, and suppliers to
inform their customers about U.S. import licensing requirements for
disused sources. It is recommended that U.S. importers retain copies of
their communications with their foreign customers regarding U.S. import
requirements. The U.S. importer at all times must comply with the
specific license requirement for disused sources known to be of non-
U.S. origin prior to import into the U.S. A good faith effort by the
importer may include communication of U.S. import requirements with its
foreign customers, examination of a photograph of the source the
customer seeks to exchange, and other relevant information related to
the disused sources' origin.
Consistent with 10 CFR 110.53, the NRC may inspect export and
import records to ensure that licensees understand the NRC's
application of ``U.S. origin'' and that the company is making an effort
to amend its business practices to try to determine source origin (from
user paperwork and communication) before an import occurs.
This position is being distributed to all Agreement States and
applicable NRC material licensees.
Additionally, the NRC has coordinated this position with the
Department of Energy/National Nuclear Safety Administration's (DOE/
NNSA) Global Threat Reduction Initiative (GTRI). One of GTRI's programs
repatriates sources from around the world that are in unsafe or
insecure locations. The NRC does not have import licensing jurisdiction
when U.S. companies import disused sources on behalf of NNSA's GTRI
program; therefore, the licensing requirements in 10 CFR part 110 would
not apply to such imports.
Implementation
This technical position reflects the current NRC staff position on
acceptable use of the general license for import of disused radioactive
sources. Therefore, except in those cases in which the source
manufacturer or distributor proposes an acceptable alternative method
for complying with the definition of ``radioactive waste'' in 10 CFR
110.2, the guidance described herein will be used in the evaluation of
the use of the general import license for disused sources.
III. Procedural Requirements
Paperwork Reduction Act
This proposed policy statement does not contain new or amended
information collection requirements 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 number 3150-
0136.
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.
Congressional Review Act
In accordance with the Congressional Review Act (5 U.S.C. 801-808),
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.
Dated at Rockville, Maryland, this 17th day of January 2012.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Director, Office of International Programs.
[FR Doc. 2012-1209 Filed 1-19-12; 8:45 am]
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