Transportation of Radioactive Material in Quantities of Concern, 826-830 [E7-25630]
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826
Proposed Rules
Federal Register
Vol. 73, No. 3
Friday, January 4, 2008
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Chapter I
Transportation of Radioactive Material
in Quantities of Concern
Nuclear Regulatory
Commission.
ACTION: Public meetings and request for
comment.
ebenthall on PROD1PC69 with PROPOSALS
AGENCY:
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.
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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 rethink 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
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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
https://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
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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; Californium252; Curium-244; Cobalt-60; Cesium137; Gadolinium-153; Iridium-192;
Plutonium-238; Plutonium-230/
Beryllium; Promethium-147; Radium226; 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 https://www.nrc.gov/
security/byproduct/enhancedsecurity.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
Radioactive material
Terabequerels
(TBq)
Americium-241 ..........................................................................................................
Americium-241/Beryllium ...........................................................................................
Californium-252 .........................................................................................................
Curium-244 ................................................................................................................
Cobalt-60 ...................................................................................................................
Cesium-137 ...............................................................................................................
Gadolinium-153 .........................................................................................................
Iridium-192 .................................................................................................................
Plutonium-238 ...........................................................................................................
Plutonium-239/Beryllium ............................................................................................
Promethium-147 ........................................................................................................
Radium-226 ...............................................................................................................
Selenium-75 ..............................................................................................................
Strontium-90 (Yttrium-90) ..........................................................................................
Thulium-170 ...............................................................................................................
Ytterbium-169 ............................................................................................................
60
60
20
50
30
100
1000
80
60
60
40,000
40
200
1,000
20,000
300
Category 2
Curies
(Ci)
1,600
1,600
540
1,400
810
2,700
27,000
2,200
1,600
1,600
1,100,000
1,100
5,400
27,000
540,000
8,100
Terabequerels
(TBq)
0.6
0.6
0.2
0.5
0.3
1.0
10.0
0.8
0.6
0.6
400
0.4
2.0
10.0
200
3.0
Curies
(Ci)
16
16
5.4
14
8.1
27
270
22
16
16
11,000
11
54
270
5,400
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.
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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
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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.
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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
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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?
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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.
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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
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Web site at https://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.
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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 https://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 https://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
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Requirement
Category 1
A. Licensee Verification:
1 Verify recipients are authorized to receive regulated material by direct contact with regulatory authority 1 .....
2 Confirm validity of unusual orders ......................................................................................................................
3 Verify the address for a temporary work site is valid .........................................................................................
B. Planning and Coordination:
1 Coordinate expected arrival time of the shipment ..............................................................................................
2 Coordinate expected departure time of the shipment ........................................................................................
3 Confirm receipt of the shipment .........................................................................................................................
4 Use carriers which:
(a) Use package tracking systems. (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 monitoring systems ........................................................................................
(c) Assure trustworthiness and reliability of drivers ..........................................................................................
(d) Assure trustworthiness and reliability of personnel with knowledge of the shipment .................................
(e) Maintain constant control or surveillance during transit ..............................................................................
(f) Have capability for immediate communication to summon appropriate response or assistance ................
5 Pre-plan and coordinate shipment with States through which the shipment will pass ......................................
C. Notifications:
1 Provide at least 7 days advance notification of the shipment to the NRC and the affected States .................
2 If the shipment does not arrive at the expected arrival time, initiate an investigation to find it ........................
3 If the shipment has become lost, stolen, or missing:
(a) Immediately notify the NRC Operations Center ..........................................................................................
(b) Immediately notify the local law enforcement agencies and the appropriate Agreement State regulatory
authority .........................................................................................................................................................
D. Communications:
1 Establish redundant communications allowing the transport to contact communication center at all times .....
2 Ensure back-up communications are not subject to the same interference factors as the primary communication ..................................................................................................................................................................
3 Ensure shipments are continuously and actively monitored by a telemetric position monitoring system or an
alternative tracking system reporting to a communication center.2 .....................................................................
4 Communication center provides positive confirmation of location, status and control over the shipment ........
5 Communication center prepared to implement pre-planned procedures in response to events .......................
E. Drivers and Accompanying Individuals:
1 Report into the communication center at regular, pre-set intervals ...................................................................
3 No casual stops during transport ........................................................................................................................
4 If stopped, perform checks to monitor the shipment ..........................................................................................
F. Procedures, Training and Control of Information:
1 Develop, maintain and implement policies and procedures for proper handling and protection against unauthorized disclosure of transportation security information ....................................................................................
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Category 2
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TABLE 2.—GENERAL REQUIREMENTS FOR SECURITY DURING TRANSPORT OF RAMQC—Continued
Requirement
Category 1
Develop normal and contingency 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 information as Safeguards Information ..................................................................
G. Additional Requirements for Portable and Mobile Devices:
1 Have two independent physical controls 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 trailer. Licensees shall also use a method to disable the vehicle or trailer
when not under direct control and constant surveillance by the licensee ...........................................................
Category 2
....................
N/A
N/A
2
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.
ebenthall on PROD1PC69 with PROPOSALS
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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0414; Directorate
Identifier 2007–NM–340–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model CL–600–2C10 (Regional Jet
Series 700, 701, & 702), Model CL–600–
2D15 (Regional Jet Series 705), and
CL–600–2D24 (Regional Jet Series 900)
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
VerDate Aug<31>2005
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.
15:20 Jan 03, 2008
Jkt 214001
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
Bombardier Aerospace has completed a
system safety review of the aircraft fuel
system against fuel tank safety standards
* * *.
[A]ssessment showed that supplemental
maintenance tasks [for the fuel tank wiring
harness installation, and the hydraulic
system No. 3 temperature transducer, among
other items] are required to prevent potential
ignition sources inside the fuel system,
which could result in a fuel tank explosion.
* * *
The proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by February 4, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
E:\FR\FM\04JAP1.SGM
04JAP1
Agencies
[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Proposed Rules]
[Pages 826-830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25630]
========================================================================
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.
========================================================================
Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 /
Proposed 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 https://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 https://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
https://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 https://
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 https://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