[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
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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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