[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Rules and Regulations]
[Pages 58664-58672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23256]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 30, 37, 73, and 150
[NRC-2012-0140]
RIN 3150-AJ18
Safeguards Information--Modified Handling Categorization; Change
for Materials Facilities
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to remove the Safeguards Information--Modified Handling
(SGI-M) designation of the security-related information for large
irradiators, manufacturers and distributors, and for transport of
category 1 quantities of radioactive material. The rulemaking will also
result in the removal of the SGI-M designation of the security-related
information for the transportation of irradiated reactor fuel that
weighs 100 grams or less in net weight of irradiated fuel. The
security-related information for these facilities and the
transportation of certain
[[Page 58665]]
materials will no longer be designated as SGI-M and will be protected
under the information protection requirements that apply to other
materials licensees that possess category 1 and category 2 quantities
of radioactive material.
DATES: This final rule is effective January 28, 2015, unless a
significant adverse comment is received by October 30, 2014. If the
rule is withdrawn as a result of such comments, timely notice of the
withdrawal will be published in the Federal Register. Comments received
after this date will be considered if it is practical to do so, but the
NRC staff is able to ensure consideration only for comments received on
or before this date.
ADDRESSES: Please refer to Docket ID NRC-2012-0140 when contacting the
NRC about the availability of information for this direct final rule.
You may access publicly-available information related to this direct
final rule by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0140. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this direct final rule.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection 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, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
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: Vanessa Cox, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
8342, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The NRC has issued three sets of security orders containing SGI-M
for the protection of category 1 and category 2 quantities of
radioactive material. These orders were all issued under the
Commission's authority for common defense and security. The first set
of orders was issued to panoramic and underwater irradiator licensees
that possess more than 370 Terabequerels (TBq) (10,000 curies (Ci)) of
radioactive material (large irradiators) (EA-02-249; June 6, 2003) (68
FR 35458; June 13, 2003). The second set of orders was issued to
manufacturing and distribution (M&D) licensees (EA-03-225; January 12,
2004) (69 FR 5375; February 4, 2004). The third set of orders was
issued to licensees that transport source, byproduct, or special
nuclear material in category 1 quantities of radioactive material (EA-
05-006; July 19, 2005) (70 FR 44407; August 2, 2005). The third set of
orders also covered transportation of irradiated reactor fuel that
weighs 100 grams or less in net weight of irradiated fuel.
The orders issued to large irradiators, M&D licensees, and
licensees transporting category 1 quantities of radioactive materials,
require these licensees to perform specified actions within specific
timeframes. The information related to these timeframes is designated
SGI-M. Some licensees have developed security plans incorporating these
timeframes. Therefore, information contained in these security plans
has been designated as SGI-M. Furthermore, the orders to licensees
transporting category 1 quantities of radioactive material require
these licensees to develop transportation security plans and coordinate
itinerary information with the states through which the shipment will
be traveling. Portions of these transportation security plans and
itinerary information are also designated as SGI-M.
A fourth set of orders, commonly called the Increased Control (IC)
Orders, was issued to all other licensees that possessed greater than
category 2 quantities of radioactive material (EA-05-090; November 14,
2005) (70 FR 72128; December 1, 2005). These orders were issued under
the Commission's authority for protection of public health and safety.
The IC Orders require licensees to immediately detect, assess, and
respond to any unauthorized access to category 2 or greater quantities
of radioactive material. These orders do not contain any specific
response times or other SGI-M information. Because these licensees'
security plans are based on the IC Orders, and these orders do not
contain SGI information, the security plans for licensees subject only
to the IC Orders are not designated as SGI-M.
On October 24, 2008 (73 FR 63546), the NRC published a final rule
that established, among other things, the requirements for protection
of SGI-M and designated categories of licensees that would be subject
to the SGI-M provisions. The SGI-M requirements are located in part 73
of Title 10 of the Code of Federal Regulations (10 CFR), ``Physical
Protection of Plants and Materials.'' This rule required certain
licensees to establish, implement, and maintain an information
protection system that includes the applicable measures for SGI-M
specified in 10 CFR 73.23, ``Protection of Safeguards Information--
Modified Handling: Specific requirements.'' This section contains
specific requirements related to panoramic and underwater irradiators
that possess greater than 370 TBq (10,000 Ci) of byproduct material in
the form of sealed sources; manufacturers and distributors of items
containing source, byproduct, or special nuclear material in greater
than or equal to category 2 quantities of concern; the transportation
of irradiated reactor fuel that weighs 100 grams or less in net weight
of irradiated fuel; and transportation of source, byproduct, or special
nuclear material in greater than or equal to category 1 quantities of
concern. The rule was effective on February 23, 2009. Orders containing
the requirements for protection of SGI-M were not modified or rescinded
after issuance of the final rule; therefore, licensees are currently
subject to both the requirements in the regulations and the orders.
On March 19, 2013 (78 FR 16922), the NRC published a final rule in
the Federal Register, adding a new part 37 to Title 10 of the CFR,
``Physical Protection of Category 1 and Category 2 Quantities of
Radioactive Material.'' NRC licensees were required to comply with 10
CFR part 37 by March 19, 2014. The final rule establishes the security
requirements for the protection of category 1 and category 2 quantities
of radioactive material and for transportation of irradiated reactor
fuel that weighs 100 grams or less in net weight of irradiated fuel.
The rule also contains information protection requirements for the
security plan, procedures, and other information.
[[Page 58666]]
II. Discussion
A. What action is the NRC taking?
The NRC is amending its regulations to remove the SGI-M designation
of the security-related information for large irradiators, M&Ds, and
transport of category 1 quantities of radioactive material. The
rulemaking will also result in the removal of the SGI-M designation of
the security-related information for the transportation of irradiated
reactor fuel that weighs 100 grams or less in net weight of irradiated
fuel. The security-related information will instead be protected under
the new 10 CFR part 37, ``Physical Protection of Category 1 and
Category 2 Quantities of Radioactive Material.''
B. What is the purpose of the direct final rule?
The purpose of the direct final rule is to remove the SGI-M
designation of the security-related information for large irradiators,
M&Ds, and for transport of category 1 quantities of radioactive
material. The rulemaking will also result in the removal of the SGI-M
designation of the security-related information for the transportation
of irradiated reactor fuel that weighs 100 grams or less in net weight
of irradiated fuel.
C. Whom will this action affect?
The direct final rule will apply to any panoramic and underwater
irradiator licensee that possesses more than 370 TBq (10,000 Ci) of
radioactive material, M&D licensees, and any licensee that transports
small quantities of irradiated reactor fuel that weighs 100 grams or
less in net weight of irradiated fuel or category 1 quantities of
radioactive material whether the facility is licensed by the NRC or an
Agreement State. There are 85 Agreement State licensees and 27 NRC
licensees that will be impacted by this rule. These are the materials
licensees that received orders under the Commission's authority to
protect the common defense and security.
D. With the redesignation of the security-related information, will the
security plans become public information?
No, the security-related information will not be made public. The
change in the designation of the security-related information does not
result in public disclosure of the information as the information will
still be protected under 10 CFR part 37. Access to this information
will be based upon a trustworthiness and reliability determination and
on a need-to-know determination.
E. Will documents now designated SGI-M still have to be protected as
SGI-M?
Yes, documents marked as SGI-M must be protected as SGI-M until
they are removed from the SGI-M category (destroyed or decontrolled).
Once 10 CFR part 37 or the equivalent Agreement State regulations are
in place and the NRC security orders are rescinded, the SGI-M security
Orders and security plans required by the Orders must be destroyed in
accordance with 10 CFR 73.23(i). Additionally, if a panoramic
irradiator or M&D licensee develops a 10 CFR part 37 security plan in
preparation for compliance with 10 CFR part 37 or the equivalent
Agreement State regulation before Sec. 73.23 is revised, the licensee
must decontrol the 10 CFR part 37 security plan in accordance with
Sec. 73.23(h) once Sec. 73.23 is revised.
The NRC does not expect licensees who were subject to the NRC
security orders to find all stored documents designated as SGI-M solely
for the purpose of destroying the documents. Instead, as those
documents are removed from storage, the licensee must either destroy or
decontrol the document(s) at that time. Documents marked as SGI-M must
continue to be protected as SGI-M until they are destroyed or
decontrolled. Additional information on the destruction or
decontrolling of SGI is available in Section 9 of Regulatory Guide
5.79, ``Protection of Safeguards Information.''
F. What are the information protection requirements under 10 CFR part
37? How does this compare to the information protection requirements
prescribed for SGI-M?
The 10 CFR part 37 rulemaking requires that a need-to-know
determination be made before an individual is allowed to have access to
the security-related information. The 10 CFR part 37 rulemaking
requires licensees to limit access to and prevent unauthorized
disclosure of their security plans and implementing procedures. When
not in use, the security plan and implementing procedures must be
stored in a manner that will prevent the unauthorized removal of those
documents. Information stored in non-removable electronic form must be
password-protected. These requirements are similar to the storage
requirements for SGI-M.
The regulations in 10 CFR part 37 also require a background
investigation to determine the trustworthiness and reliability of an
individual seeking access to protected information. This determination
must be conducted by a reviewing official who has also been determined
to be trustworthy and reliable. The background investigation for access
to information under 10 CFR part 37 is similar to that required by
Sec. 73.23, with the exception that fingerprints are not submitted and
a Federal Bureau of Investigation (FBI) criminal history records check
is not required. However, many of the individuals needing access to
protected information would also require access to radioactive
material. Unescorted access to radioactive material requires
fingerprinting and an FBI criminal history records check as part of the
background investigation required under 10 CFR part 37. Therefore, the
NRC anticipates that most individuals requiring access to security-
related information would already have undergone fingerprinting and an
FBI criminal history records check.
The regulations in 10 CFR part 37 do not have requirements for the
transmission of information or for marking the material. However, with
the exception of routing information, licensees do not routinely
transmit security-related information and the routing information is
not transmitted as SGI-M, but is protected as SGI-M once received.
Licensees are not required to submit the security plan or implementing
procedures to the NRC.
The NRC concludes that 10 CFR part 37 provides adequate protection
of the security-related information without unduly burdening licensees
with the additional requirements for protection of SGI-M.
G. What is the reason for the designation change?
The NRC considers that this re-designation is appropriate based on
the following: (1) Large irradiators have a lower risk of theft, and
M&D licensees have a similar risk of theft when compared to other
licensees possessing category 1 and category 2 quantities of
radioactive material; (2) the information protection requirements in 10
CFR part 37 provide adequate protection of the security-related
information; (3) the security requirements under 10 CFR part 37 are the
same for all licensees; (4) information security requirements should be
consistent across all areas that are regulated under NRC authority for
public health and safety; (5) the change will ease communication
between regulator and licensee; and (6) under 10 CFR part 73, the NRC
would continue to inspect Agreement State licensee programs for the
protection of SGI-M
[[Page 58667]]
until the Agreement State requirements become effective. Additionally,
several commenters on the proposed 10 CFR part 37 rule, including
several Agreement States, indicated that the security-related
information for large irradiators, M&Ds, and licensees that transport
category 1 quantities of radioactive material should not be considered
SGI-M.
Sandia National Laboratories (SNL) performed vulnerability
assessments on a variety of materials licensees before the ICs were
developed. The ICs and 10 CFR part 37 incorporate security measures
that were identified in the draft vulnerability assessments (ADAMS
Accession No. ML082130714) as being effective in providing reasonable
assurance that public health and safety and the common defense and
security will be adequately protected. The SNL study also indicates
that certain licensees are less vulnerable to theft than other
licensees. Large irradiators have a lower risk of theft, and M&D
licensees have a similar risk of theft when compared to other licensees
subject to the security requirements in 10 CFR part 37. The NRC,
therefore, concludes that licensee security plans for M&D and large
irradiator licensees need not be protected at a higher level than the
security plans of other licensees subject to 10 CFR part 37.
As noted in the response to Question F, 10 CFR part 37 will provide
adequate protection of the security-related information that is
currently designated as SGI-M for these licensees. The actual security
requirements in 10 CFR part 37 are the same for all licensees. These
security requirements do not contain any of the information from the
security orders that was designated as SGI-M. The SGI-M timeframes that
were in the orders are replaced in the 10 CFR part 37 rule by terms
such as prompt, immediate, and without delay. Therefore, disclosure of
one licensee's response times will not compromise another licensees'
security-related information because the response time designated in
the rule is already public knowledge, (i.e., immediate).
Currently, itinerary information for the transportation of category
1 quantities of material and for the transportation of irradiated
reactor fuel that weighs 100 grams or less in net weight of irradiated
fuel is designated as SGI-M under 10 CFR part 73 and the orders.
Licensees are required to coordinate this information with states
through which the shipment will pass. Shipment information is shared on
a need-to-know basis for pre-planning, coordination, and advance
notification purposes. Although the information is considered to be
SGI-M, the information is not handled as SGI-M for the purposes of
communication (telephone and facsimile) with the States and other
licensees; however, once the shipment information is received, it must
be handled as SGI-M. If the SGI-M designation for these licensees is
revised, the licensees will be able to communicate freely with the
States and transportation companies possessing a need-to-know and will
not need to deal with the inconsistency in transmitting the SGI-M
shipment information as non-SGI-M.
The security orders for the transportation of category 1 quantities
of radioactive material, large irradiator licensees, and M&D licensees
were issued under the NRC's common defense and security authority. The
new 10 CFR part 37 security requirements, however, were issued under
the NRC's authority to protect the public health and safety. The NRC
has determined that the information protection requirements set forth
in the new 10 CFR part 37 are adequate to protect the security
information associated with large irradiators, M&Ds, and licensees that
transport category 1 quantities of radioactive material. Therefore,
once this direct final rule is effective, the security information
associated with these licensees is no longer required to be handled as
SGI-M. Furthermore, this will ensure that all the information security
requirements are consistent across all areas that are regulated under
public health and safety.
Protection of information at a level less than SGI-M will allow
licensees to communicate more easily with regulators regarding
implementation of the 10 CFR part 37 requirements, but still requires
licensees to limit access to specific security plans and procedures.
For example, licensees will be required to limit access to the plans to
those employees who need access to perform a job function. Licensees
also will be required to store their security plans in locked cabinets
while not in use, but could use normal lines of communication with the
NRC or an Agreement State to discuss security-related questions or
concerns. This approach achieves meaningful information protection
without unduly burdening licensees' and regulators' ability to achieve
effective implementation of the 10 CFR part 37 requirements.
If the security-related information for these facilities remains
designated as SGI-M, the NRC will be responsible for inspection and
enforcement of the SGI-M programs at those facilities regulated by an
Agreement State. This can result in confusion for licensees. Results of
many aspects of the security inspections would be SGI-M and could not
be discussed in an open environment. Because only some security-related
information at these facilities would be SGI-M, licensees would need to
maintain two systems to protect security-related information, which
needlessly increases the burden on the licensee.
H. Will the orders be rescinded?
Yes, the orders will be rescinded once 10 CFR part 37 is
implemented for NRC licensees. For Agreement State licenses, the orders
will be rescinded when the Agreement State adopts program element
requirements based on those elements that embody the essential
objectives of the 10 CFR part 37 requirements. Agreement States have
until March 2016 to comply.
I. Will the NRC issue guidance for this rule?
No, the NRC does not plan to issue guidance specific to this rule.
Existing guidance on SGI does not contain references to these types of
facilities and, therefore, does not need to be revised. The guidance on
10 CFR part 37, NUREG-2155, Implementation Guidance for 10 CFR Part 37,
``Physical Protection of Category 1 and Category 2 Quantities of
Radioactive Material'' (ADAMS Accession No. ML13053A061), will be
revised to remove references to SGI-M. Only the revised pages will be
issued for the 10 CFR part 37 guidance document. The changes will be
included in the next update to NUREG-2155.
J. Are individuals transporting category 1 radioactive material subject
to the background investigation requirements?
No. Under this final rule, the Commission is revising the listing
of categories of individuals relieved from the background investigation
requirements to include employees of carriers that transport category 1
quantities of radioactive material. Additionally, information related
to the physical protection of shipments of source and byproduct
material in category 1 quantities of radioactive material is no longer
designated as SGI-M. For these reasons, the NRC will rely on the
background investigations required by the U.S. Department of
Transportation (DOT) and the Transportation Security Administration
(TSA) programs for background investigations of these personnel. While
the background investigation may not be identical to one required under
10 CFR part 37, the potential risk that a
[[Page 58668]]
commercial driver or package handler may pose due to any difference in
the background investigation is acceptably small.
As part of this rulemaking, the NRC considered the level of
responsibility to place on its licensees regarding fingerprinting and
criminal history records checks for persons involved in the
transportation of category 1 radioactive material. Licensees covered by
the fingerprinting and criminal history records check requirements of
10 CFR part 37 may decide to transfer radioactive material away from
the site or may receive radioactive material from another entity.
Such transfers or receipts may occur either as part of a shipment
to or from a domestic or an international company. Individuals involved
in the shipment, in particular those employed by carriers or other
organizations handling shipments, may have unescorted access to the
material during the shipment process. These persons may not be
employees of the licensee and therefore may not be under the licensee's
direct control. Section 37.29(a) grants relief from the background
investigation for those individuals who are commercial vehicle drivers
for category 2 road shipments and package handlers at transportation
facilities such as freight terminals and railroad yards.
These individuals would typically be outside the control of the
licensee.
III. Summary of Changes
Section 30.4 Definitions
The definition for ``Quantities of Concern'' is removed from the
regulations as it is no longer needed.
Section 30.32 Application for Specific Licenses
Paragraph (k) is removed from the regulations to remove the
reference to the SGI requirements in 10 CFR part 73.
Section 30.34 Terms and Conditions of Licenses
Paragraph (l) is removed from the regulations to remove the
reference to the SGI requirements in 10 CFR part 73.
Section 37.29 Relief From Fingerprinting, Identification, and Criminal
History Records Checks and Other Elements of Background Investigations
for Designated Categories of Individuals Permitted Unescorted Access to
Certain Radioactive Materials
Paragraph (a)(10) is revised to include category 1 drivers.
Section 37.43 General Security Program Requirements
Paragraph (d)(1) is revised to remove reference to Sec.
37.43(d)(9).
Paragraph (d)(9) is removed from the regulations to remove the
reference to the SGI requirements in 10 CFR part 73.
Section 37.77 Advance Notification of Shipment of Category 1 Quantities
of Radioactive Material
Paragraph (f) is revised to change the reference for protection of
the information from Sec. 73.21 to Sec. 37.43(d).
Section 73.2 Definitions
The definition for ``Quantities of Concern'' is removed from the
regulations, as it is no longer needed.
Section 73.21 Protection of Safeguards Information: Performance
Requirements
Paragraph (a)(1)(ii) is revised to remove panoramic and underwater
irradiators that possess greater than 370 TBq (10,000 Ci) of byproduct
material in the form of sealed sources; manufacturers and distributors
of items containing source, byproduct, or special nuclear material in
greater than or equal to category 2 quantities of radioactive material;
and transportation of source, byproduct, or special nuclear material in
greater than or equal to category 1 quantities of radioactive material
from the list of categories of licensees subject to the provisions of
10 CFR part 73 for the protection of SGI-M.
Section 73.23 Protection of Safeguards Information--Modified Handling:
Specific Requirements
The introductory text in this section is revised to remove
panoramic and underwater irradiators that possess greater than 370 TBq
(10,000 Ci) of byproduct material in the form of sealed sources;
manufacturers and distributors of items containing source, byproduct,
or special nuclear material in greater than or equal to category 2
quantities of concern; transportation of more than 1000 TBq (27,000 Ci)
but less than or equal to 100 grams of spent nuclear fuel; and
transportation of source, byproduct, or special nuclear material in
greater than or equal to category 1 quantities of radioactive material
from the list of categories of licensees subject to the provisions of
10 CFR part 73 for the protection of SGI-M.
Paragraph (a)(2) is revised to remove the security-related
information that is associated with the physical protection of
shipments of more than 1000 TBq (27,000 Ci) but less than or equal to
100 grams of spent nuclear fuel, source material and byproduct material
in category 1 quantities of concern from the SGI-M category.
Appendix I to Part 73--Category 1 and 2 Radioactive Materials
Appendix I, Table I-1--Quantities of Concern Threshold Limits, is
removed from the regulations as it is no longer needed.
Section 150.15 Persons Not Exempt
Paragraph (a)(9) is removed from the regulations to remove the
reference to the SGI requirements in 10 CFR part 73.
IV. Procedural Background
Because the NRC considers this action to be non-controversial, the
NRC is using the direct final rule process for this rule. The amendment
to the rule will become effective on January 28, 2015. However, if the
NRC receives a significant adverse comment on this direct final rule by
October 30, 2014, then the NRC will publish a document that withdraws
this action and will address the comments received in a final rule as a
response to the companion proposed rule published elsewhere in this
issue of the Federal Register. Absent significant modifications to the
proposed revisions requiring republication, the NRC will not initiate a
second comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the staff to make a change (other than
editorial) to the rule.
For detailed instructions on submitting a comment, please see the
companion proposed rule published
[[Page 58669]]
elsewhere in this issue of the Federal Register.
V. Compatibility of Agreement State Regulations
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 (62 FR 46517; September 3, 1997),
this direct final rule will be a matter of compatibility between the
NRC and the Agreement States, thereby providing consistency among the
Agreement States and the NRC requirements. The NRC staff and Agreement
State representation analyzed the rule in accordance with the procedure
established within Part III, ``Categorization Process for NRC Program
Elements,'' of Handbook 5.9 to Management Directive 5.9, ``Adequacy and
Compatibility of Agreement State Programs'' (a copy of which may be
viewed at http://www.nrc.gov/reading-rm/doc-collections/management-directives/).
The NRC program elements (including regulations) are placed into
four compatibility categories (see the Compatibility Table in this
section). In addition, the NRC program elements can also be identified
as having particular health and safety significance or as being
reserved solely to the NRC. Compatibility Category A consists of
program elements that are basic radiation protection standards and
scientific terms and definitions that are necessary to understand
radiation protection concepts. An Agreement State should adopt Category
A program elements in an essentially identical manner to provide
uniformity in the regulation of agreement material on a nationwide
basis. Compatibility Category B consists of program elements that apply
to activities that have direct and significant effects in multiple
jurisdictions. An Agreement State should adopt Category B program
elements in an essentially identical manner. Compatibility Category C
consists of program elements that do not meet the criteria of Category
A or B, but the essential objectives of which an Agreement State should
adopt to avoid conflict, duplication, gaps, or other conditions that
would jeopardize an orderly pattern in the regulation of agreement
material on a nationwide basis. An Agreement State should adopt the
essential objectives of the Category C program elements. Compatibility
Category D consists of program elements that do not meet any of the
criteria of Category A, B, or C, and, therefore, do not need to be
adopted by Agreement States for purposes of compatibility.
Health and Safety (H&S) are program elements that are not required
for compatibility but are identified as having a particular health and
safety role (i.e., adequacy) in the regulation of agreement material
within the State. Although not required for compatibility, the State
should adopt program elements in this H&S category based on those of
the NRC that embody the essential objectives of the NRC program
elements because of particular health and safety considerations.
Compatibility Category NRC consists of program elements that address
areas of regulation that cannot be relinquished to Agreement States
under the Atomic Energy Act of 1954, as amended, or provisions of 10
CFR. These program elements are not adopted by Agreement States. The
following table lists the parts and sections that will be revised and
their corresponding categorization under the ``Policy Statement on
Adequacy and Compatibility of Agreement State Programs.''
Compatibility Table for Direct Final Rule
----------------------------------------------------------------------------------------------------------------
Compatibility
Section Change Subject -----------------------------------
Existing New
----------------------------------------------------------------------------------------------------------------
10 CFR Part 30
----------------------------------------------------------------------------------------------------------------
30.4............................. Remove......... Definition of NRC.............
``quantities of
concern.''.
30.32(k)......................... Remove......... Application for specific NRC.............
licenses.
30.34(l)......................... Remove......... Terms and conditions of NRC.............
licenses.
----------------------------------------------------------------------------------------------------------------
10 CFR Part 37
----------------------------------------------------------------------------------------------------------------
37.29(a)(10)..................... Amend.......... Relief from B............... B
fingerprinting,
identification, and
criminal history
records checks and
other elements of
background
investigations for
designated categories
of individuals
permitted unescorted
access to certain
radioactive materials.
37.43(d)(1)...................... Amend.......... Remove reference to Sec. NRC.............
37.43(d)(9)..
37.43(d)(9)...................... Remove......... General security program NRC.............
requirements.
37.77(f)......................... Revise......... Advance notification of NRC............. C
shipment of category 1
quantities of
radioactive material.
----------------------------------------------------------------------------------------------------------------
10 CFR Part 73
----------------------------------------------------------------------------------------------------------------
73.2............................. Remove......... Definition of NRC.............
``quantities of
concern.''.
73.21............................ Amend.......... Protection of safeguards NRC............. NRC
information:
performance
requirements.
73.23............................ Amend.......... Protection of safeguards NRC............. NRC
information-modified
handling: specific
requirements.
Appendix I....................... Remove......... Category 1 and category NRC.............
2 radioactive materials.
----------------------------------------------------------------------------------------------------------------
10 CFR Part 150
----------------------------------------------------------------------------------------------------------------
150.15(a)(9)..................... Remove......... Persons not exempt...... NRC.............
----------------------------------------------------------------------------------------------------------------
[[Page 58670]]
VI. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
VII. Voluntary Consensus Standards
The National Technology Transfer and Advancement 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 direct final rule, the NRC will
revise the categories of licensees subject to the provision of 10 CFR
part 73 for the protection of SGI-M by removing panoramic and
underwater irradiator licensees that possess more than 370 TBq (10,000
Ci) of radioactive material, M&D licensees, licensees that transport
category 1 quantities of radioactive material, and licensees that
transport irradiated reactor fuel that weighs 100 grams or less in net
weight of irradiated fuel from the listing. This action does not
constitute the establishment of a standard that establishes generally
applicable requirements.
VIII. Finding of No Significant Environmental Impact: Availability
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
subpart A of 10 CFR part 51, that this rule is not a major Federal
action significantly affecting the quality of the human environment and
therefore an environmental impact statement is not required. The rule
changes the information protection requirements for 112 licensees. The
rule will affect neither radiological or nonradiological releases nor
occupational or public exposure. The NRC has determined that there is
no significant environmental impact associated with the rulemaking
action
The environmental assessment (ADAMS Accession No. ML13046A330) is
available for inspection at the NRC's PDR, 11555 Rockville Pike,
Rockville, Maryland 20852.
IX. Paperwork Reduction Act Statement
This direct final rule decreases the burden on record-keepers to
mark documents containing Safeguards Information designated as SGI-M as
specified in 10 CFR 73.23 (b), (d), and (f). The burden reduction for
this information collection is estimated to average 5.5 hours per
record-keeper. Further information about information collection
requirements associated with this direct final rule can be found in the
companion proposed rule published elsewhere in this issue of the
Federal Register.
This direct final rule is being issued prior to approval by the
Office of Management and Budget (OMB) of these information collection
requirements, which were submitted under OMB control number 3150-0002.
When OMB notifies us of its decision, we will publish a document in the
Federal Register providing notice of the effective date of the
information collections or, if approval is denied, providing notice of
what action we plan to take.
Send comments on any aspect of these information collections,
including suggestions for reducing the burden, to the Information
Services Branch, Mail Stop T-5 F53, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, or by email to [email protected]
and to the Desk Officer, Danielle Jones, Office of Information and
Regulatory Affairs, NEOB-10202 (3150-0002), 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
request unless the requesting document displays a currently valid OMB
control number.
X. Regulatory Analysis
The Commission has prepared a regulatory analysis (ADAMS Accession
No. ML13046A332) for this direct final rule. The regulatory analysis
examines the costs and benefits of the alternatives considered by the
Commission. The rule will reduce the burden on affected licensees as
they will no longer be required to protect security-related information
as SGI-M. The analysis is available for inspection in the NRC's PDR,
11555 Rockville Pike, Rockville, Maryland 20852.
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.
The direct final rule will impact 112 licensees, 27 are licensed by the
NRC and 85 are licensed by Agreement States. These licensees include
large irradiators, M&Ds, any licensee that ships category 1 quantities
of radioactive material, and any licensee that transports irradiated
reactor fuel that weighs 100 grams or less in net weight of irradiated
fuel. Most of the companies that own these facilities do not fall
within the scope of the definition of ``small entities'' set forth in
the Regulatory Flexibility Act or the size standards established by the
NRC (10 CFR 2.810). However, some of the licensees may. The rule will
reduce the burden on affected licensees as they will no longer be
required to protect security-related information as SGI-M.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rules (Sec. Sec. 50.109,
70.76, 72.62, or 76.76) and the issue finality provisions in 10 CFR
part 52 do not apply to this direct final rule because this amendment
does not involve any provisions that will either impose backfits as
defined in 10 CFR chapter I, or represent non-compliance with the issue
finality of provisions in 10 CFR part 52. Therefore, a backfit analysis
is not required for this direct final rule, and the NRC did not prepare
a backfit analysis for this direct final rule.
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 30
Byproduct material, Criminal penalties, Government contracts,
Intergovernmental relations, Isotopes, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 37
Byproduct material, Criminal penalties, Export, Hazardous materials
transportation, Import, Licensed material, Nuclear materials, Reporting
and recordkeeping requirements, Security measures.
10 CFR Part 73
Criminal penalties, Export, Hazardous materials transportation,
Import, Nuclear materials, Nuclear power plants and reactors, Reporting
and recordkeeping requirements, Security measures.
[[Page 58671]]
10 CFR Part 150
Criminal penalties, Hazardous materials transportation,
Intergovernmental relations, Nuclear materials, Reporting and
recordkeeping requirements, Security measures, Source material, Special
nuclear material.
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 30, 37, 73, and 150.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
0
1. The authority citation for part 30 continues to read as follows:
Authority: Atomic Energy Act secs. 81, 82, 161, 181, 182, 183,
186, 223, 234 (42 U.S.C. 2111, 2112, 2201, 2231, 2232, 2233, 2236,
2273, 2282); Energy Reorganization Act secs. 201, 202, 206 (42
U.S.C. 5841, 5842, 5846); Government Paperwork Elimination Act sec.
1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-
58, 119 Stat. 549 (2005).
Section 30.7 also issued under Energy Reorganization Act sec.
211, Pub. L. 95-601, sec. 10, as amended by Pub. L. 102-486, sec.
2902 (42 U.S.C. 5851). Section 30.34(b) also issued under Atomic
Energy Act sec. 184 (42 U.S.C. 2234). Section 30.61 also issued
under Atomic Energy Act sec. 187 (42 U.S.C. 2237).
Sec. 30.4 [Amended]
0
2. In Sec. 30.4, remove the definition for ``Quantities of concern.''
Sec. 30.32 [Amended]
0
3. In Sec. 30.32, remove paragraph (k).
Sec. 30.34 [Amended]
0
4. In Sec. 30.34, remove paragraph (l).
PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2
QUANTITIES OF RADIOACTIVE MATERIAL
0
5. The authority citation for part 37 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 81, 103, 104, 147, 148,
149, 161, 182, 183, 223, 234 (42 U.S.C. 2073, 2111, 2133, 2134,
2167, 2168, 2169, 2201a., 2232, 2233, 2273, 2282).
0
6. In Sec. 37.29, revise paragraph (a)(10) to read as follows:
Sec. 37.29 Relief from fingerprinting, identification, and criminal
history records checks and other elements of background investigations
for designated categories of individuals permitted unescorted access to
certain radioactive materials.
(a) * * *
(10) Commercial vehicle drivers for road shipments of category 1
and category 2 quantities of radioactive material;
* * * * *
0
7. In Sec. 37.43, revise paragraph (d)(1) and remove paragraph (d)(9)
to read as follows:
Sec. 37.43 General security program requirements.
* * * * *
(d) Protection of information. (1) Licensees authorized to possess
category 1 or category 2 quantities of radioactive material shall limit
access to and unauthorized disclosure of their security plan,
implementing procedures, and the list of individuals that have been
approved for unescorted access.
* * * * *
0
8. In Sec. 37.77, revise paragraph (f) to read as follows:
Sec. 37.77 Advance notification of shipment of category 1 quantities
of radioactive material.
* * * * *
(f) Protection of information. State officials, State employees,
and other individuals, whether or not licensees of the Commission or an
Agreement State, who receive schedule information of the kind specified
in Sec. 37.77(b) shall protect that information against unauthorized
disclosure as specified in Sec. 37.43(d) of this part.
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
9. The authority citation for part 73 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 147, 161, 223, 234, 1701
(42 U.S.C. 2073, 2167, 2169, 2201, 2273, 2282, 2297(f), 2210(e));
Energy Reorganization Act sec. 201, 204 (42 U.S.C. 5841, 5844);
Government Paperwork Elimination Act sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119
Stat. 594 (2005).
Section 73.1 also issued under Nuclear Waste Policy Act secs.
135, 141 (42 U.S.C. 10155, 10161).
Section 73.37(f) also issued under sec. 301, Pub. L. 96-295, 94
Stat. 789 (42 U.S.C. 5841 note).
Sec. 73.2 [Amended]
0
10. In Sec. 73.2, remove the definition for ``Quantities of concern.''
0
11. In Sec. 73.21, revise paragraph (a)(1)(ii) to read as follows:
Sec. 73.21 Protection of Safeguards Information: Performance
Requirements.
(a) * * *
(1) * * *
(ii) Establish, implement, and maintain an information protection
system that includes the applicable measures for Safeguards Information
specified in Sec. 73.23 related to: Research and test reactors that
possess special nuclear material of moderate strategic significance or
special nuclear material of low strategic significance.
* * * * *
0
12. In Sec. 73.23, revise the introductory text of the section and the
introductory text of paragraph (a)(2) to read as follows:
Sec. 73.23 Protection of Safeguards Information-Modified Handling:
Specific Requirements.
This section contains specific requirements for the protection of
Safeguards Information in the hands of any person subject to the
requirements of Sec. 73.21(a)(1)(ii) and research and test reactors
that possess special nuclear material of moderate strategic
significance or special nuclear material of low strategic significance.
The requirements of this section distinguish Safeguards Information
requiring modified handling requirements (SGI-M) from the specific
Safeguards Information handling requirements applicable to facilities
and materials needing a higher level of protection, as set forth in
Sec. 73.22.
(a) * * *
(2) Physical protection in transit. Information not classified as
Restricted Data or National Security Information related to the
physical protection of shipments of special nuclear material in less
than a formula quantity (except for those materials covered under Sec.
73.22), including:
* * * * *
Appendix I to Part 73--[Removed]
0
13. Remove Appendix I to part 73.
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274
0
14. The authority citation for part 150 continues to read as follows:
Authority: Atomic Energy Act secs. 161, 181, 223, 234 (42 U.S.C.
2201, 2021, 2231, 2273, 2282); Energy Reorganization Act sec. 201
(42 U.S.C. 5841); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504
[[Page 58672]]
note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 594
(2005).
Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued
under Atomic Energy Act secs. 11e(2), 81, 83, 84 (42 U.S.C.
2014e(2), 2111, 2113, 2114).
Section 150.14 also issued under Atomic Energy Act sec. 53 (42
U.S.C. 2073).
Section 150.15 also issued under Nuclear Waste Policy Act secs.
135 (42 U.S.C. 10155, 10161).
Section 150.17a also issued under Atomic Energy Act sec. 122 (42
U.S.C. 2152).
Section 150.30 also issued under Atomic Energy Act sec. 234 (42
U.S.C. 2282).
Sec. 150.15 [Amended]
0
15. In Sec. 150.15, remove paragraph (a)(9).
Dated at Rockville, Maryland, this 23rd day of September, 2014.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2014-23256 Filed 9-29-14; 8:45 am]
BILLING CODE 7590-01-P