United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2007_register executive 2010-09-22 article Part II Rules and Regulations D09002ee1c80a3882 D09002ee1c80a3968 United States Nuclear Regulatory Commission originator org United States Government Agency or Subagency The Nuclear Regulatory Commission (NRC) is amending its regulations to include jurisdiction over discrete sources of radium- 226, accelerator-produced radioactive materials, and discrete sources of naturally occurring radioactive material, as required by the Energy Policy Act of 2005 (EPAct), which was signed into law on August 8, 2005. The EPAct expanded the Atomic Energy Act of 1954 definition of Byproduct material to include any discrete source of radium-226, any material made radioactive by use of a particle accelerator, and any discrete source of naturally occurring radioactive material, other than source material, that the Commission, in consultation with other Federal officials named in the EPAct, determines would pose a similar threat to the public health and safety or the common defense and security as a discrete source of radium-226, that are extracted or converted after extraction for use for a commercial, medical, or research activity. In so doing, these materials were placed under the NRC's regulatory authority. The EPAct also mandated that the Commission, after consultation with the States and other stakeholders, issue final regulations establishing requirements that the Commission determines necessary under the EPAct. This rulemaking effort has been undertaken in response to that mandate and includes significant contributions from many States that have regulated the naturally occurring and accelerator-produced radioactive material, the Organization of Agreement States, Inc., the Conference of Radiation Control Program Directors, Inc. (CRCPD), and other stakeholders. In addition, this final rule was informed and guided by the CRCPD's applicable Suggested State Regulations for the Control of Radiation. Licensees, individuals, and other entities who are engaged in activities involving the newly defined byproduct material in both Agreement States and non-Agreement States and United States Territories will be affected by this rulemaking. 72 FR 55864 https://www.govinfo.gov/app/details/FR-2007-10-01/07-4735 07-4735 fr01oc07-17 RIN 3150-AH84 7590-01-P https://www.govinfo.gov/app/details/FR-2007-10-01/07-4735 https://www.govinfo.gov/content/pkg/FR-2007-10-01/html/07-4735.htm https://www.govinfo.gov/content/pkg/FR-2007-10-01/pdf/07-4735.pdf Export Import Import and Export Licenses Nonpayment Penalties Annual Charges Holders of Certificates Registrations Approvals Byproduct Material Criminal Penalties Licensed Material Nuclear Materials Nuclear Power Plants and Reactors Occupational Safety and Health Packaging and Containers Radiation Protection Reporting and Recordkeeping Requirements Source Material Special Nuclear Material Waste Treatment and Disposal Government Contracts Intergovernmental Relations Isotopes Labeling Scientific Equipment Drugs Health Facilities Health Professions Medical Devices Antitrust Classified Information Fire Protection Reactor Siting Criteria Hazardous Materials Transportation Low-Level Waste Administrative Practice and Procedure Denial of Access Emergency Access to Low-Level Waste Disposal Low-Level Radioactive Waste Low-Level Radioactive Waste Treatment and Disposal Low-Level Waste Policy Amendments Act of 1985 Manpower Training Programs Penalties Security Measures Spent Fuel Whistleblowing 74 p. 55864 55937 72 FR 55864 Title 10 Part 110 10 CFR Part 110 Title 10 Part 150 10 CFR Part 150 Title 10 Part 170 10 CFR Part 170 Title 10 Part 171 10 CFR Part 171 Title 10 Part 20 10 CFR Part 20 Title 10 Part 30 10 CFR Part 30 Title 10 Part 31 10 CFR Part 31 Title 10 Part 32 10 CFR Part 32 Title 10 Part 33 10 CFR Part 33 Title 10 Part 35 10 CFR Part 35 Title 10 Part 50 10 CFR Part 50 Title 10 Part 61 10 CFR Part 61 Title 10 Part 62 10 CFR Part 62 Title 10 Part 72 10 CFR Part 72 RIN 3150-AH84 Requirements for Expanded Definition of Byproduct Material; Federal Register Vol. 72, Issue RULE 07-4735 II NUCLEAR REGULATORY COMMISSION 2007-11-30 7590-01-P 07-4735 Final rule.

The Nuclear Regulatory Commission (NRC) is amending its regulations to include jurisdiction over discrete sources of radium- 226, accelerator-produced radioactive materials, and discrete sources of naturally occurring radioactive material, as required by the Energy Policy Act of 2005 (EPAct), which was signed into law on August 8, 2005. The EPAct expanded the Atomic Energy Act of 1954 definition of Byproduct material to include any discrete source of radium-226, any material made radioactive by use of a particle accelerator, and any discrete source of naturally occurring radioactive material, other than source material, that the Commission, in consultation with other Federal officials named in the EPAct, determines would pose a similar threat to the public health and safety or the common defense and security as a discrete source of radium-226, that are extracted or converted after extraction for use for a commercial, medical, or research activity. In so doing, these materials were placed under the NRC's regulatory authority. The EPAct also mandated that the Commission, after consultation with the States and other stakeholders, issue final regulations establishing requirements that the Commission determines necessary under the EPAct. This rulemaking effort has been undertaken in response to that mandate and includes significant contributions from many States that have regulated the naturally occurring and accelerator-produced radioactive material, the Organization of Agreement States, Inc., the Conference of Radiation Control Program Directors, Inc. (CRCPD), and other stakeholders. In addition, this final rule was informed and guided by the CRCPD's applicable Suggested State Regulations for the Control of Radiation. Licensees, individuals, and other entities who are engaged in activities involving the newly defined byproduct material in both Agreement States and non-Agreement States and United States Territories will be affected by this rulemaking.

Effective Date: This final rule is effective on November 30, 2007. Lydia Chang, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415- 6319, e-mail lwc1@nrc.gov; or Catherine R. Mattsen, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415- 6264, e-mail crm@nrc.gov. Export Import Import and Export Licenses Nonpayment Penalties Annual Charges Holders of Certificates Registrations Approvals Byproduct Material Criminal Penalties Licensed Material Nuclear Materials Nuclear Power Plants and Reactors Occupational Safety and Health Packaging and Containers Radiation Protection Reporting and Recordkeeping Requirements Source Material Special Nuclear Material Waste Treatment and Disposal Government Contracts Intergovernmental Relations Isotopes Labeling Scientific Equipment Drugs Health Facilities Health Professions Medical Devices Antitrust Classified Information Fire Protection Reactor Siting Criteria Hazardous Materials Transportation Low-Level Waste Administrative Practice and Procedure Denial of Access Emergency Access to Low-Level Waste Disposal Low-Level Radioactive Waste Low-Level Radioactive Waste Treatment and Disposal Low-Level Waste Policy Amendments Act of 1985 Manpower Training Programs Penalties Security Measures Spent Fuel Whistleblowing Byproduct material; expanded definition requirements, crm@nrc.gov INFOCOLLECTS@NRC.GOV lwc1@nrc.gov http://ruleforum.llnl.gov http://www.crcpd.org/free_docs.asp http://www.eh.doe.gov/nepa/eis/eis0310/eis0310.html http://www.nrc.gov/reading-rm/doc-collections/management-directives/ Vol. 72, no. 189 Office of the Federal Register, National Archives and Records Administration 2007-10-01 continuing daily deposited born digital 367 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2007-10-01 P0b002ee18096aa92 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr01oc07 https://www.govinfo.gov/app/details/FR-2007-10-01 https://www.govinfo.gov/content/pkg/FR-2007-10-01/pdf/FR-2007-10-01.pdf https://www.govinfo.gov/content/pkg/FR-2007-10-01/xml/FR-2007-10-01.xml fdlp 55655 56007 DGPO 2010-09-22 2024-06-05 FR-2007-10-01 machine generated eng FR FR-2007-10-01 72 189