[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33691-33692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13344]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 40, 70, 170, and 171

[NRC-2011-0003]
RIN 3150-AH15


Distribution of Source Material to Exempt Persons and to General 
Licensees and Revision of General License and Exemptions

AGENCY: Nuclear Regulatory Commission.

ACTION: Interim staff guidance; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
interim staff guidance for implementation of the final rule, 
Distribution of Source Material to Exempt Persons and to General 
Licensees and Revision of General License and Exemptions (Distribution 
of Source Material Rule). The Distribution of Source Material Rule 
amended the NRC's regulations to require that the initial distribution 
of source material to exempt persons or to general licensees be 
explicitly authorized by a specific license. The Distribution of Source 
Material Rule also modified the existing possession and use 
requirements of the general license for small quantities of source 
material and revised, clarified, or deleted certain source material 
exemptions from licensing.

DATES: This interim staff guidance is effective August 27, 2013.

ADDRESSES: Please refer to Docket ID NRC-2011-0003 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available using the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0003. Documents 
related to the Distribution of Source Material Rule can be found by 
searching on Docket ID NRC-2009-0084. Address questions about NRC 
dockets to Carol Gallagher; telephone: 301-492-3668; email: 
[email protected]. For technical questions, contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209 or 301-
415-4737, or by email to [email protected]. The interim staff 
guidance is available in ADAMS under Accession No. ML13051A824.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Gary Comfort, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
8106, email: [email protected] or Tomas Herrera, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
7138, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The NRC's Distribution of Source Material Rule (78 FR 32310; May 
29, 2013) amended the NRC's regulations in parts 30, 40, 70, 170, and 
171 of Title 10 of the Code of Federal Regulations (10 CFR) to require 
that the initial distribution of source material to exempt persons or 
general licensees be explicitly authorized by a specific license. The 
Distribution of Source Material Rule also included new reporting 
requirements. The rule will affect manufacturers and distributors of 
certain products and materials containing source material and certain 
persons using source material under general license and under 
exemptions from licensing. The Distribution of Source Material Rule 
goes into effect on August 27, 2013.
    In conjunction with the Distribution of Source Material Rule, the 
NRC has developed interim staff guidance, which provides guidance to a 
licensee or applicant for implementation of the amended regulations. It 
is intended for use by applicants, licensees, Agreement States, and the 
NRC staff. On January 7, 2011, the NRC published the draft

[[Page 33692]]

interim staff guidance in the Federal Register (76 FR 1100) for public 
comment. Two comment letters were received and considered during the 
revision of the draft interim staff guidance. The guidance was also 
enhanced based on comments received on the proposed rule.
    The interim staff guidance document describes methods acceptable to 
the NRC staff for implementing the new requirements in the Distribution 
of Source Material Rule. The approaches and methods described in the 
document are provided for information only. Methods and solutions 
different from those described in the document are acceptable if they 
meet the revised requirements. The guidance is provided in the form of 
questions and answers on the primary provisions of the Distribution of 
Source Material Rule. Guidance consistent with the revised 10 CFR part 
40 will be incorporated into the next revision of relevant volumes of 
NUREG-1556, ``Consolidated Guidance About Materials Licenses'' (current 
ADAMS Accession Nos. ML022830847 and ML003681951).

Congressional Review Act

    This interim staff guidance is a rule as designated in the 
Congressional Review Act of 1996 (5 U.S.C. 801-808). However, the 
Office of Management and Budget has not found it to be a major rule as 
designated in the Congressional Review Act.

    Dated at Rockville, Maryland, this 30th day of May, 2013.

    For the Nuclear Regulatory Commission.
Brian J. McDermott,
Director, Division of Materials Safety and State Agreements, Office of 
Federal and State Materials and Environmental Management Programs.
[FR Doc. 2013-13344 Filed 6-4-13; 8:45 am]
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