[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13263-13265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05260]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules
and Regulations
[[Page 13263]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 37
[NRC-2015-0109]
Physical Protection of Category 1 and Category 2 Quantities of
Radioactive Material
AGENCY: Nuclear Regulatory Commission.
ACTION: Request for comment.
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SUMMARY: On March 19, 2013, the U.S. Nuclear Regulatory Commission
(NRC) published a final rule that amended its regulations to establish
security requirements for the use and transport of category 1 and
category 2 quantities of radioactive material. Specifically, the final
rule provided reasonable assurance of preventing the theft or diversion
of category 1 and category 2 quantities of radioactive material, and
included security requirements for the transportation of irradiated
reactor fuel that weighs 100 grams or less in net weight of irradiated
fuel. In December 2014, the Committees on Appropriations of the House
of Representatives and the Senate directed the NRC to evaluate the
effectiveness of the new regulations and determine whether the
requirements are adequate to protect ``high-risk radiological
material.'' In response to this mandate, the NRC is implementing a
retrospective program review to provide an objective assessment of the
new requirements and associated implementation guidance. This action
seeks information that will be used in developing a report to Congress.
The NRC plans to hold a series of public meetings to facilitate
public participation. These meetings will consist of a public meeting
and a series of webinar teleconferences, and the staff will publicly
notice the date and times of these meetings. The staff is planning to
conduct these meetings in March 2016.
DATES: Submit comments by May 13, 2016. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0109. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001. Please include the Docket ID NRC-2015-0109 in the
subject line of your submission.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: George Smith, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7201, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0109 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0109.
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.
B. Submitting Comments
Please include Docket ID NRC-2015-0109 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Background
The NRC and Agreement States ensure the safety and security of
approximately 80,000 category 1 and category 2 radioactive sources used
in medical, commercial, and research activities. The NRC considers
category 1 and category 2 quantities of radioactive material to be risk
significant, and these quantities refer specifically to 16 radioactive
materials listed in appendix A to part 37 of title 10 of the Code of
Federal Regulations (10 CFR), ``Physical Protection of Category 1 and
Category 2
[[Page 13264]]
Quantities of Radioactive Material.'' The NRC and its partners in 37
Agreement States took steps to strengthen the security of risk-
significant radioactive materials immediately after the terrorist
attacks of September 11, 2001. Since that time, the NRC issued various
orders imposing increased controls, implemented requirements for
fingerprinting and criminal background checks for people with access to
certain radioactive materials, and established the National Source
Tracking System. The NRC cooperates with the U.S. Departments of
Homeland Security and Energy as well as other Federal, State, and local
agencies on security matters, and chairs the inter-agency Radiation
Source Protection and Security Task Force (Task Force).
The Task Force was established by the Energy Policy Act of 2005,
which directed this Task Force to evaluate and provide recommendations
relating to the security of radiation sources in the United States from
potential terrorist threats, including acts of sabotage, theft, or use
of a radiation source in a radiological dispersal device or a radiation
exposure device. The Task Force is comprised of experts from 13 Federal
agencies and one State organization. The Task Force members represent
agencies with broad authority over all aspects of radioactive source
control, including regulatory security, intelligence, and international
activities. This Task Force concluded in its 2006, 2010, and 2014
reports to Congress and the President that the risk-significant
radioactive sources were being protected and found no significant gaps
in security that were not already being addressed. These reports can be
found on the NRC's public Web site at http://www.nrc.gov/security/byproduct/task-force.html.
On June 15, 2010 (75 FR 33902), the NRC published a proposed rule
to establish security requirements for the use and transport of
category 1 and category 2 quantities of radioactive material, which the
NRC considers to be risk-significant and, therefore, to warrant
additional protection. The NRC received and addressed over 1,500
comments on the proposed rule from licensees, State agencies, industry
organizations, individuals, and a Federal agency.
On March 19, 2013 (78 FR 16922), the NRC published a final rule
amending its regulations to establish security requirements for the use
and transport of category 1 and category 2 quantities of radioactive
material. The category 1 and category 2 thresholds are based on the
quantities established by the International Atomic Energy Agency in its
Code of Conduct on the Safety and Security of Radioactive Sources,
which the NRC endorses (http://www-ns.iaea.org/tech-areas/radiation-safety/code-of-conduct.asp). The objective of this final rule is to
provide reasonable assurance of preventing the theft or diversion of
category 1 and category 2 quantities of radioactive material. The
regulations also include security requirements for the transportation
of irradiated reactor fuel that weighs 100 grams or less in net weight
of irradiated fuel. The final rule incorporated lessons learned by the
NRC and the Agreement States in implementing security measures
resulting from the events on September 11, 2001, as well as stakeholder
input on the proposed rule.
The final rule became effective on May 20, 2013, and NRC licensees
were required to comply by March 19, 2014. Agreement States licensees
were issued NRC orders that provided for the same level of physical
protection as NRC licensees, pending Agreement States issuing
compatible requirements. Agreement States will have until March 19,
2016, to issue compatible requirements for their licensees.
In February 2013, the NRC published a guidance document, 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). Subsequently, in
January 2015, the NRC published Revision 1 to NUREG-2155 (ADAMS
Accession No. ML15016A172).
The guidance document is intended for use by applicants, licensees,
and NRC and Agreement State staff, and describes optional approaches
and methods acceptable for implementing the requirements of the
regulations. As a guidance document, NUREG-2155 does not establish
additional requirements, and licensees are able to propose alternative
ways for demonstrating compliance with the requirements in 10 CFR part
37.
In May 2014, the NRC published NUREG-2166, ``Physical Security Best
Practices for the Protection of Risk-Significant Radioactive Material''
(ADAMS Accession No. ML14150A382). This NUREG provides guidance to NRC
licensees and applicants on developing and implementing a physical
protection program for the protection of risk-significant radioactive
material (e.g., category 1 and category 2 quantities of radioactive
material). The intent of NUREG-2166 is to provide NRC licensees or
applicants guidance with specific emphasis on physical security best
practices. The approaches and methods in this document are not
requirements; however, the NRC considers them to be acceptable for
demonstrating compliance with the requirements in 10 CFR part 37.
On December 16, 2014, the President of the United States signed
Public Law 113-235, ``Consolidated and Further Continuing
Appropriations Act, 2015.'' The statute provides annual funding for
Federal agencies, including the NRC. Section 403 of the legislation
requires `` . . . the Nuclear Regulatory Commission (NRC) shall provide
a report to the Committees on Appropriations of the House of
Representatives and the Senate that evaluates the effectiveness of the
requirements of 10 CFR part 37 and determines whether such requirements
are adequate to protect high-risk radiological material.''
As part of the NRC's commitment to the principles of good
regulation--independence, openness, efficiency, clarity, and
reliability--and consistent with the direction in the Public Law 113-
235, the NRC is now conducting a review and assessment of the
requirements in 10 CFR part 37, and is requesting input from members of
the public.
The information received from this request will provide insights
for this process and will be used by the NRC to develop a report to
Congress.
III. Specific Considerations
The NRC is requesting general and specific comments on the overall
effectiveness and clarity of the requirements for security measures to
protect category 1 and category 2 sources of radioactive material as
defined in appendix A to 10 CFR part 37, as presented by the questions
in this section. For example, the NRC would like to gain insight on
different regulatory requirements in 10 CFR part 37 that may conflict
or need to be modified to maximize effectiveness and provide greater
clarification. The NRC is also requesting comments on the usefulness of
the guidance documents associated with its regulations in 10 CFR part
37.
To facilitate comments, the questions are categorized by the
specific subparts of 10 CFR part 37: Subpart A--General Provisions;
subpart B--Background Investigations and Access Control Program;
subpart C--Physical Protection Requirements During Use; and subpart D--
Physical Protection in Transit.
Please be cautious in providing comments that contain specific
examples and do not provide any specific official-use-only, safeguards,
and/or classified information related to the security at a specific
facility.
[[Page 13265]]
Subpart A--General Provisions:
1. Are the definitions (in 10 CFR 37.5, ``Definitions'') clear,
unambiguous, and consistent with their usage in other parts of the
regulations?
2. Is the rule clear as to when a licensee can use physical
barriers to render aggregated sources below the category 2 aggregated
quantity?
Subpart B--Background Investigations and Access Control Program:
3. Are the requirements of subpart B clear for use in determining
individuals to be trustworthy and reliable?
4. While the regulations provide the type of information that must
be gathered before making a Trustworthiness and Reliability (T&R)
determination, NUREG-2155 provides additional guidance on determining
whether someone is T&R. Is the information in Annex A to NUREG-2155
adequate in helping a Reviewing Official make a T&R determination?
Subpart C--Physical Protection Requirements During Use:
5. Do the requirements of subpart C clearly define what is needed
to support the physical protection of licensed category 1 and category
2 quantities of radioactive material during use?
6. Which requirements in 10 CFR 37.45, ``LLEA [local law
enforcement agency] coordination,'' have you found to be instrumental
in ensuring an adequate LLEA response, should an LLEA response be
needed? Is there other information you think should be required to be
shared with an LLEA?
7. Isolation of category 1 and category 2 quantities of radioactive
material by the use of continuous physical barriers that allow access
to the security zone only through established access control points is
required in 10 CFR 37.37, ``Security zones.'' Is the rule clear as to
what qualifies as an adequate physical barrier?
8. Do the requirements in 10 CFR 37.57, ``Reporting of events,''
clearly define a licensee's responsibility to notify the LLEA and the
NRC's Operations Center?
Subpart D--Physical Protection in Transit:
9. Do the requirements of subpart D clearly define what is needed
to support the physical protection of licensed category 1 and category
2 quantities of radioactive material in transit?
10. Are the requirements in 10 CFR 37.81, ``Reporting of events,''
clear in defining the licensee's responsibility to notify LLEA and the
NRC's Operations Center within 1 hour when a determination is made that
a shipment of a category 1 quantity of radioactive material is lost or
missing?
Implementation Guidance Documents:
Please specify the sections of NUREG-2155 and NUREG-2166 in your
responses to the extent practicable.
11. How have you utilized NUREG-2155 to implement the 10 CFR part
37 regulatory requirements in order to protect your licensed category 1
and category 2 quantities of radioactive material? If utilized, are
there certain areas of NUREG-2155 that you have found to be
particularly useful? Are there areas of NUREG-2155 that you think could
be clarified or supplemented to make it a more useful tool?
12. How have you utilized NUREG-2166 to implement the 10 CFR part
37 regulatory requirements in order to protect your licensed category 1
and category 2 quantities of radioactive material? If utilized, are
there certain areas of NUREG-2166 that you have found to be
particularly useful?
Are there areas of NUREG-2166 that you think could be clarified or
supplemented to make it a more useful tool?
IV. Public Comments Process
The NRC is committed to keeping the public informed and values
public involvement in its assessment effort. Responses to this
solicitation will be considered by NRC in preparing a report to the
Committees on Appropriations of the House of Representatives and the
Senate, pursuant to Public Law 113-235, Section 403. The NRC, however,
does not intend to provide specific responses to comments or other
information submitted in response to this request.
V. Public Meetings
The NRC plans to hold a series of licensee-specific webinars, and
one in-person meeting, during the public comment period for this
action. The public meetings will provide forums for the NRC staff to
discuss the issues and questions with members of the public. The
information received will be used by NRC to develop a report to the
Committees on Appropriations of the House of Representatives and the
Senate. The NRC does not intend to provide detailed responses to
information or other comments submitted during the public meetings.
Each public meeting will be noticed on the NRC's public meeting Web
site at least 10 calendar days before the meeting. Members of the
public should monitor the NRC's public meeting Web site for additional
information about the public meetings at http://www.nrc.gov/public-involve/public-meetings/index.cfm. The NRC will post the notices for
the public meetings and may post additional material related to this
action to the Federal rulemaking Web site at www.regulations.gov under
Docket ID NRC-2015-0109. The Federal rulemaking Web site allows you to
receive alerts when changes or additions occur in a docket folder. To
subscribe: (1) Navigate to the docket folder (NRC-2015-0109); (2) click
the ``Sign up for Email Alerts'' link; and (3) enter your email address
and select how frequently you would like to receive emails (daily,
weekly, or monthly).
Dated at Rockville, Maryland, this 1st day of March, 2016.
For the Nuclear Regulatory Commission.
Daniel S. Collins,
Director, Division of Material Safety, State, Tribal and Rulemaking
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-05260 Filed 3-11-16; 8:45 am]
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