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5 January 2008
[Federal Register: January 4, 2008 (Volume 73, Number 3)]
[Proposed Rules]
[Page 826-830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja08-9]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 826]]
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
Transportation of Radioactive Material in Quantities of Concern
AGENCY: Nuclear Regulatory Commission.
ACTION: Public meetings and request for comment.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is holding three
public meetings to seek public comment to enhance the development of
the technical basis for rulemaking proposing to revise NRC regulations
on the security requirements for the transportation of Radioactive
Material in Quantities of Concern (RAMQC). The goal of this enhanced
participatory process is to ensure effective security measures are in
place for the protection of radioactive material shipments given the
post-September 11, 2001, threat environment. New requirements for
recipient license verification; coordination of shipment information;
advance notification of shipments; notification of shipment delays,
schedule changes and suspected loss; continuous and active shipment
position monitoring; two-way and redundant telecommunication; secondary
drivers for certain shipments; contingency procedures; and safeguarding
shipment information will be incorporated.
This document also addresses the State of Washington petition to
the NRC requesting that NRC consider adopting global positioning
satellite (GPS) technology tracking as a national requirement for
mobile or portable uses of radioactive material in quantities of
concern.
DATES: Submit comments concerning this action by February 8, 2008.
Comments received after February 8th will be considered if practicable
to do so, but only those comments received on or before the due date
can be assured consideration.
The staff will hold three public meetings to discuss RAMQC with
other Federal Agencies, State Partners, Stakeholders, and the public.
These meetings will be held on Tuesday, January 15, 2008, Thursday,
January 17, 2008, and Wednesday, January 23, 2008.
ADDRESSES: The comments may be provided to the Chief, Rules and
Directives Branch, Division of Administration Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001. Written comments should also be transmitted to the Chief of
the Rules and Directives Branch, either by means of facsimile
transmission to (301) 415-5144, or by e-mail to nrcrep@nrc.gov.
The January 15, 2008, meeting will be held at the U.S. NRC Region
III, 2443 Warrenville Road, Suite 210, Lisle, Illinois 60532-4352. The
January 17, 2008, meeting will be held at the Edward R. Roybal
Auditorium and Conference Center, Ronald V. Dellums Federal Building,
1301 Clay Street, Oakland, California 94612-5217. The January 23, 2008
meeting will be held at U.S. Nuclear Regulatory Commission Auditorium,
One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852-
2738.
FOR FURTHER INFORMATION CONTACT: Susan Bagley, Office of Nuclear
Security and Incident Response, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-5378, e-mail,
RAMQCcomments@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion
III. Proposed Measures
IV. Questions To Consider
I. Introduction
Prior to September 11, 2001, NRC focus was on the safety and
security of people and the environment ensuring they were protected
from the inadvertent or accidental release of radioactive material. The
attacks of September 11, 2001, led the NRC to re-think how far a
terrorist would go to hurt the public. This included the purposeful use
of medical and industrial radioactive materials to cause harm. The NRC
joined with the international community to look at medical and
industrial radioactive materials with this as its main consideration.
This effort was lead by the International Atomic Energy Agency (IAEA)
with active participation by the NRC. As part of this process, the NRC
reviewed the chemical, physical, and radiological characteristics of
each radioactive material for its attractiveness to a terrorist. This
effort identified sixteen radioactive materials which could pose a
serious threat to people and the environment in the wrong hands. This
effort further identified the different quantities or ``thresholds'' of
materials that could be useful to a terrorist. The IAEA published these
results in a document titled ``Code of Conduct on the Safety and
Security of Radioactive Sources.'' A link to this document is on the
NRC Web site at http://www.nrc.gov/security/byproduct/enhanced-security.html
.
The NRC refers to these sixteen radioactive materials as
``Radioactive Materials in Quantities of Concern'' or RAMQC. The RAMQC
thresholds are provided in Table 1 in the discussion section below.
Once the sixteen radioactive materials were identified by the IAEA, the
NRC reviewed and revised its security requirements to prevent
unauthorized access to these materials. Several areas where additional
requirements could be put in place to improve transportation security
were identified and changes were instituted.
Initially the NRC issued advisories to commercial users of
radioactive materials (referred to as licensees) and requested that
they implement additional security measures on their shipments of
radioactive material. Licensees understood the need for additional
security and voluntarily implemented the additional security as
requested. However, an NRC advisory doesn't carry the weight of a
regulation or an Order. The NRC cannot impose penalties if a licensee
doesn't meet the recommendations of an NRC advisory.
The Atomic Energy Act authorizes the NRC to impose requirements on
commercial users of radioactive materials by two methods, either by the
promulgations of regulations which are published in Title 10 of the
Code of Federal Regulations or by issuing an Order. An Order carries
the same legal authority as a regulation.
Because an NRC advisory is a communication tool rather than an
enforcement mechanism, the NRC issued two legally binding Orders to
[[Page 827]]
licensees transporting RAMQC. One Order requires licensees to put in
place additional security measures for the transport of Category 2
quantities of radioactive material. These requirements are part of the
Increased Controls security enhancements for Category 2 quantities of
radioactive materials. The second Order requires licensees to put into
place additional security measures for the transportation of Category 1
quantities of material. The second Order is not publicly available
because it includes detailed security requirements that are designated
as Safeguards Information.
Although the security Order is legally binding on licensees, the
NRC is committed to keeping the public informed and values public
involvement in our regulatory process. By its nature, the rulemaking
process is deliberative and takes substantial time. The process is now
started and the first step in this process is for the staff to prepare
what is referred to as a ``technical basis.'' The ``technical basis''
is a document that identifies the regulations the staff agrees need to
be revised. Once the ``technical basis'' is complete, the staff will
then prepare a ``draft proposed rule'' using the technical basis to
develop the proposed language for the new rule. The ``draft proposed
rule'' will also be published for public comment and, after all the
public comments are resolved, the final rule is published.
II. Discussion
Q 1. What Is RAMQC?
A 1. RAMQC is an acronym for Radioactive Material in Quantities of
Concern. RAMQC refers specifically to 16 radioactive materials
(fourteen single radionuclides and two combinations). These materials
are: Americium-241; Americium-241/Beryllium; Californium-252; Curium-
244; Cobalt-60; Cesium-137; Gadolinium-153; Iridium-192; Plutonium-238;
Plutonium-230/Beryllium; Promethium-147; Radium-226; Selenium-75;
Strontium-90 (Yttrium-90); Thulium-169; and Ytterbium-169. RAMQC does
not include spent fuel.
Q 2. What Prompted This New Category of Material Called RAMQC?
A 2. The attacks of September 11, 2001, made everyone re-think how
far a terrorist would go to hurt the public. This included
reconsidering how a terrorist could use medical and industrial
radioactive materials to cause harm. The NRC and the international
community, led by the International Atomic Energy Agency (IAEA), took
another look at medical and industrial radioactive materials with this
as its main consideration. As part of this effort, the NRC reviewed the
chemical, physical, and radiological characteristics of radioactive
material for its attractiveness to a terrorist. This effort identified
16 radioactive isotopes and combinations of isotopes that could pose a
serious threat. This effort further defined different quantities or
``thresholds'' of materials that could be useful to a terrorist. The
IAEA published their results in a document titled ``Code of Conduct on
the Safety and Security of Radioactive Sources.'' A link to this
document is found on the NRC Web site at http://www.nrc.gov/security/byproduct/enhanced-security.html
.
After the Code of Conduct was developed, the NRC referred to these
16 radioactive materials as ``Radioactive Materials in Quantities of
Concern'' or RAMQC.
Q 3. What Are the RAMQC Thresholds?
A 3. The RAMQC thresholds are provided in the Figure below.
----------------------------------------------------------------------------------------------------------------
Category 1 Category 2
-------------------------------------------------------
Radioactive material Terabequerels Terabequerels
(TBq) Curies (Ci) (TBq) Curies (Ci)
----------------------------------------------------------------------------------------------------------------
Americium-241........................................... 60 1,600 0.6 16
Americium-241/Beryllium................................. 60 1,600 0.6 16
Californium-252......................................... 20 540 0.2 5.4
Curium-244.............................................. 50 1,400 0.5 14
Cobalt-60............................................... 30 810 0.3 8.1
Cesium-137.............................................. 100 2,700 1.0 27
Gadolinium-153.......................................... 1000 27,000 10.0 270
Iridium-192............................................. 80 2,200 0.8 22
Plutonium-238........................................... 60 1,600 0.6 16
Plutonium-239/Beryllium................................. 60 1,600 0.6 16
Promethium-147.......................................... 40,000 1,100,000 400 11,000
Radium-226.............................................. 40 1,100 0.4 11
Selenium-75............................................. 200 5,400 2.0 54
Strontium-90 (Yttrium-90)............................... 1,000 27,000 10.0 270
Thulium-170............................................. 20,000 540,000 200 5,400
Ytterbium-169........................................... 300 8,100 3.0 81
----------------------------------------------------------------------------------------------------------------
Terabequerels are the official value to be used for determining whether a material is a Category 1 or Category 2
quantity. Curies are provided for practical usefulness only and are rounded after conversion.
Q 4. What Is the Scope of These Public Meetings?
A 4. The NRC is planning to revise its requirements for licensees
securely transporting RAMQC. The first step in this process is for the
staff to prepare what a ``technical basis.'' The ``technical basis'' is
a document that identifies what improvements are needed in the
regulations.
These public meetings are limited to discussion of transportation
security for RAMQC. The staff is interested in gathering stakeholder
opinion and recommendations in this area.
Q 5. Is This the Only Opportunity for the Public To Provide Comment on
This Policy Change?
A 5. No, there will be another opportunity for the public to
provide comment on this policy change. Once the ``technical basis'' is
complete, the staff will then prepare a ``draft proposed rule'' that
identifies the proposed
[[Page 828]]
language for the regulations. The draft proposed rule will be published
for public comment. After all the public comments on the draft proposed
rule are resolved, the final rule will be published.
Q 6. What Doesn't This Policy Change Cover?
A 6. This policy change will not address air and water transport.
Transport of this material within airports and by air is regulated by
the Federal Aviation Administration. Transport of this material within
ports and by waterway is regulated by the U.S. Coast Guard.
This policy change will not address transshipments of this material
through the U.S. Transshipments are shipments that originate by a
foreign company in one country, pass through the United States and then
continue on to a company in another country. The NRC does not regulate
these shipments because there is no NRC licensee involved in this
activity. Transshipments are regulated by the Department of
Transportation and Department of Homeland Security.
Q 7. Will These Meetings Discuss Spent Fuel Shipments?
A 7. These meetings will not address transport of spent fuel. Spent
fuel transportation is being handled under a separate rulemaking
effort.
Q 8. Will These Meetings Address Fingerprinting for Access to
Radioactive Material?
A 8. These meetings will not address the Energy Policy Act of 2005
(EPAct) requirement for fingerprinting of individuals with access to
radioactive material. The NRC will address the EPAct requirement for
fingerprinting under a separate rulemaking effort.
Q 9. Why Is the NRC Holding Stakeholder Meetings?
A 9. The NRC is holding these stakeholder meetings to ensure the
public is given adequate opportunity to comment on issues related to
increased transportation security requirements for shipments of RAMQC.
Public comments will be used to help develop the technical basis for
the RAMQC transportation security rulemaking effort.
Q 10. Who Can Participate in These Meetings?
A 10. Any member of the public at large, industry groups,
government officials (Federal, State and local), and NRC licensees may
participate.
Q 11. Why Is the NRC Planning To Revise Its Requirements in This Area?
A 11. Prior to 9/11, NRC requirements focused on safety and
preventing inadvertent or accidental exposure to both workers and the
public by these materials. These requirements also provided security
for the material. However, the events of 9/11 made NRC take a broader
look at its requirements and re-evaluate what a terrorist might do to
attain these materials with the intention of harming the public. From
this effort, the NRC identified several areas where additional
requirements could be implemented to improve transportation security.
Q 12. What Actions Has NRC Taken To Improve Transportation Security in
This Area?
A 12. The NRC has issued both security advisories and Orders to its
licensees to improve transportation security in this area.
Q 13. What Is an NRC Advisory?
A 13. An NRC advisory recommends areas for improvement to
licensees. Immediately after the events of Sept. 11, 2001, the NRC
issued security advisories to licensees and requested that they
implement additional security measures on their shipments of RAMQC. The
NRC advisories contained specific security upgrades and are not
publicly available. Licensees understood the need for additional
security and implemented the measures as requested.
However, an NRC advisory is not legally binding and does not carry
the weight of a regulation or Order. The NRC cannot impose penalties if
a licensee doesn't meet the recommendations of an NRC advisory.
Q 14. What ``Legally-Binding'' Actions did NRC Take?
A 14. The Atomic Energy Act of 1954, as amended, authorizes the NRC
to impose requirements on commercial users of radioactive materials by
two methods, either through regulations or by issuing an Order. The NRC
can impose penalties when a licensee doesn't meet a requirement of the
regulation or an Order. An Order carries the same legal authority as a
regulation.
The NRC issued legally binding Orders to licensees transporting
RAMQC in 2005. These Orders required licensees to put in place
additional security measures in addition to the existing NRC
regulations when transporting RAMQC. The Orders issued to licensees
transporting RAMQC Category 2 are available on our public Web site at
http://www.nrc.gov/security/byproduct/orders.html.
The Orders issued to licensees transporting RAMQC Category 1 are
designated Safeguards Information and are not publicly available.
Q 15. Is Everything That Was Safeguards Information Going to be Public?
A 15. No. The Orders issued to licensees contained detailed
security information that could be useful to an adversary if made
public. In order to increase public awareness and participation, NRC
staff identified the primary security concepts behind each security
measure in order to be able to discuss the security measures in a
public forum. Once the new rule is published, the detailed security
measures employed by each licensee will be safeguards information or
safeguards information-modified.
Q 16. Why Doesn't the NRC Just Keep the Orders in Effect?
A 16. The legally binding Orders issued by the NRC could stay in
place indefinitely. Because the Orders are Safeguards Information, this
does not meet the NRC commitment to maintain openness and to provide
the public an opportunity to comment on policy changes. The NRC is
interested in keeping the public informed and highly values public
involvement in our process.
Assured that additional security (because of existing regulations
and Orders) is in place during transport of this material, the staff is
now planning to more formally revise its policy and gather public and
stakeholder input in this area. The staff will begin this process by
using the additional security measures developed as the basis for these
discussions.
Q 17. Why Is This Material Being Shipped?
A 17. In general, RAMQC is shipped to medical institutions,
companies that support medical and academic institutions, and companies
that manufacture and distribute radioactive material for various
industrial applications. As radioactive sources get older, radioactive
decay takes place and their strength decreases. Sources lose their
effectiveness and have to be replaced or replenished periodically with
new sources and older sources must be transported for disposal.
Another, much less transported type of RAMQC is large scale plant
equipment (i.e. steam generators and reactor vessels) from commercial
power plants.
[[Page 829]]
Q 18. How Is the Public Protected From These Shipments?
A 18. Regulating transport of radioactive material (RAM) is a joint
responsibility of the NRC and the DOT.
The quantities of RAM being considered as part of this policy
change, in general, are transported in packages (casks) that meet
rigorous NRC safety standards. The packages are referred to as ``Type
B'' packages in both NRC and DOT regulations. The NRC fact sheet on
transportation of radioactive materials can be found at http://www.nrc.gov/reading-rm/doc-collections/fact-sheets/transport-spenfuel-radiomats-bg.html
.
In addition to the existing regulations, the NRC imposed additional
security measures by Order on licensees. In general, the objectives of
these Orders are to: (a) Enhance control over the material; and (b)
prevent malevolent use of the material. The Orders address the
following attributes: (a) Pre-planning and coordination of shipments;
(b) control, monitoring and communications during shipments; and (c)
procedures, training and control of security information.
The carrier transporting RAMQC must also meet the DOT's
requirements for shipment of the radioactive material. A link to DOT is
provided on NRC's Web site at http://www.nrc.gov/materials/transportation.html
.
Q 19. How Does the NRC Ensure Shippers are Following its Rules?
A 19. The NRC and Agreement State inspectors are aware of the
intent of the additional security measures, have received training to
ascertain whether shippers are meeting security requirements, and have
conducted licensee inspections. These inspections are guided by in-
place procedures. The NRC also instituted a security findings review
panel, which reviews inspection findings to ensure consistency in the
inspection and enforcement process.
Q 20. What Is the Timeline for Implementing a New Rule in This Area?
A 20. The technical basis is scheduled for completion in Spring
2008. The draft proposed rule is scheduled for publication in the
Spring of 2009. The new rule is expected to be published in 2010.
III. Proposed Measures
As mentioned earlier, this is the first step of the process to
revise the NRC regulations to improve security during transport of
RAMQC. This first step consists of writing the ``technical basis'' and
during this step we are gathering input from stakeholders. Using the
security Orders as a basis, the general requirements to enhance
security during transportation of RAMQC are provided in Table 2. To
facilitate discussions, the requirements are categorized by their major
attributes: (A) Licensee verification; (B) planning and coordination;
(C) notifications; (D) communications; (E) drivers and accompanying
individuals; (F) procedures, training and control of information; and
(G) additional requirements for portable and mobile devices.
Table 2.--General Requirements for Security During Transport of RAMQC
------------------------------------------------------------------------
Requirement Category 1 Category 2
------------------------------------------------------------------------
A. Licensee Verification:
1 Verify recipients are authorized to [check] ............
receive regulated material by direct
contact with regulatory authority \1\..
2 Confirm validity of unusual orders.... [check] ............
3 Verify the address for a temporary [check] ............
work site is valid.....................
B. Planning and Coordination:
1 Coordinate expected arrival time of [check] [check]
the shipment...........................
2 Coordinate expected departure time of [check] ............
the shipment...........................
3 Confirm receipt of the shipment....... [check] [check]
4 Use carriers which:
(a) Use package tracking systems. ............ [check]
(Package tracking systems can
identify the location of package
when queried, however they are not
necessarily active monitoring of
the package. For example, the U.S.
registered mail program is a
package tracking system.)..........
(b) Have continuous and active [check] ............
monitoring systems.................
(c) Assure trustworthiness and [check] [check]
reliability of drivers.............
(d) Assure trustworthiness and [check] ............
reliability of personnel with
knowledge of the shipment..........
(e) Maintain constant control or [check] [check]
surveillance during transit........
(f) Have capability for immediate [check] [check]
communication to summon appropriate
response or assistance.............
5 Pre-plan and coordinate shipment with [check] ............
States through which the shipment will
pass...................................
C. Notifications:
1 Provide at least 7 days advance [check] ............
notification of the shipment to the NRC
and the affected States................
2 If the shipment does not arrive at the [check] [check]
expected arrival time, initiate an
investigation to find it...............
3 If the shipment has become lost,
stolen, or missing:
(a) Immediately notify the NRC [check] [check]
Operations Center..................
(b) Immediately notify the local law [check] ............
enforcement agencies and the
appropriate Agreement State
regulatory authority...............
D. Communications:
1 Establish redundant communications [check] ............
allowing the transport to contact
communication center at all times......
2 Ensure back-up communications are not [check] ............
subject to the same interference
factors as the primary communication...
3 Ensure shipments are continuously and [check] ............
actively monitored by a telemetric
position monitoring system or an
alternative tracking system reporting
to a communication center.\2\..........
4 Communication center provides positive [check] [check]
confirmation of location, status and
control over the shipment..............
5 Communication center prepared to [check] [check]
implement pre-planned procedures in
response to events.....................
E. Drivers and Accompanying Individuals:
1 Report into the communication center [check] ............
at regular, pre-set intervals..........
3 No casual stops during transport...... [check] ............
4 If stopped, perform checks to monitor [check] ............
the shipment...........................
F. Procedures, Training and Control of
Information:
1 Develop, maintain and implement [check] [check]
policies and procedures for proper
handling and protection against
unauthorized disclosure of
transportation security information....
[[Page 830]]
2 Develop normal and contingency [check] [check]
procedures to cover; notifications,
communications protocols, loss of
communications, and response to actual,
attempted, or suspicious activities
related to theft, loss, diversion or
sabotage of a shipment.................
3 Designate detailed security [check] ............
information as Safeguards Information..
G. Additional Requirements for Portable and
Mobile Devices:
1 Have two independent physical controls N/A [check]
that form tangible barriers to secure
the material from unauthorized removal
when the device is not under direct
control and constant surveillance by
the licensee...........................
2 For devices in or on a vehicle or N/A [check]
trailer. Licensees shall also use a
method to disable the vehicle or
trailer when not under direct control
and constant surveillance by the
licensee...............................
------------------------------------------------------------------------
Notes:
\1\ In accordance with 10 CFR Part 20, licensees are required to verify
that their customers are authorized to possess the material. However,
this verification could be by means other than by direct contact with
the regulatory authority.
\2\ A licensee may use a carrier or third-party communication center in
lieu of establishing one itself. A commercial facility must have the
capabilities, necessary procedures, training, and personnel background
investigations to meet the applicable requirement
\3\ Portable or mobile devices are within RAMQC Category 2.
IV. Questions To Consider
The NRC requests that interested parties comment on this policy
change to improve security during transport of RAMQC. Besides comments
on the security measures provided above, the NRC is also interested in
discussing the questions below.
Question 1
Which part of Title 10 of the Code of Federal Regulations (CFR)
should the staff revise to include requirements to enhance security
during transportation of RAMQC? At this time, the staff is considering
revising either the requirements of 10 CFR Part 20 or Part 73.
Question 2
Should the NRC issue these requirements under its authority to
protect public health and safety or under its authority to promote the
common defense and security?
The NRC can either impose new requirements under its authority in
the Atomic Energy Act of 1954, as amended, to protect public health and
safety or under its authority to promote the common defense and
security. If these enhancements to the regulations are issued under
public health and safety, the NRC would co-regulate with the Agreement
States. If these enhancements are issued under common defense and
security, the NRC would retain its authority and would not co-regulate
with the Agreement States in this area.
Question 3
What technologies are in use to track the location of sources,
packages or vehicles carrying radioactive material in quantities of
concern?
On April 27, 2007, Governor Gregoire, State of Washington,
submitted a petition for rulemaking to the NRC. In her petition,
Governor Gregoire requested that NRC consider adopting global
positioning satellite (GPS) technology tracking as a national
requirement for mobile or portable uses of radioactive material in
quantities of concern. The NRC is considering this request. The staff
is interested gaining a better understanding of the availability, cost
and practicality of technologies that could be used to track the
location of the source, package or vehicle.
Dated at Rockville, Maryland, this 28th day of December, 2007.
For the Nuclear Regulatory Commission.
Robert K. Caldwell,
Branch Chief, Fuel Cycle and Transportation Security Branch, Division
of Security Policy, Office of Nuclear Security and Incident Response.
[FR Doc. E7-25630 Filed 1-3-08; 8:45 am]
BILLING CODE 7590-01-P