Physical Protection of Irradiated Reactor Fuel in Transit, 50313 [2013-19978]

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• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Rules and Regulations]
[Page 50313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19978]



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Federal Register / Vol. 78, No. 160 / Monday, August 19, 2013 / Rules 
and Regulations

[[Page 50313]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

RIN 3150-AI64
[NRC-2009-0163]


Physical Protection of Irradiated Reactor Fuel in Transit

AGENCY: Nuclear Regulatory Commission.

ACTION: Orders; rescission.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is rescinding EA-
02-109, ``Issuance of Order for Interim Safeguards and Security 
Compensatory Measures for the Transportation of Spent Nuclear Fuel 
[SNF] Greater than 100 Grams,'' dated October 10, 2002, and subsequent 
similar security orders issued to licensees shipping SNF during the 
period of October 2003 through December 2010. These orders are 
collectively referred to as the ``SNF Transportation Orders.'' The SNF 
Transportation Orders are being rescinded because the NRC published a 
final rule, ``Physical Protection of Irradiated Fuel in Transit,'' on 
May 20, 2013, amending its regulations to incorporate the security 
requirements in the SNF Transportation Orders and lessons learned from 
implementation of the SNF Transportation Orders.

DATES: Effective August 19, 2013, the NRC hereby rescinds EA-02-109, 
dated October 10, 2002, and subsequent similar security orders issued 
to licensees shipping SNF during the period of October 2003 through 
December 2010.

ADDRESSES: Please refer to Docket ID NRC-2009-0163 when contacting the 
NRC about the availability of information for this action. You may 
access publically-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2009-0163. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Jessica Uma[ntilde]a, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001; telephone: 301-287-9226, email: 
Jessica.Umana@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC issued the SNF Transportation Orders 
to certain NRC power plant licensees, non-power reactor licensees, 
special nuclear material licensees, and independent spent fuel storage 
installation licensees, who shipped, received, or planned to ship or 
receive SNF under the provisions of Part 71 of Title 10 of the Code of 
Federal Regulations (10 CFR). The Commission issued the SNF 
Transportation Orders during the period from October 2002, through 
December 2010. The SNF Transportation Orders were issued as immediately 
effective under the NRC's authority to protect the common defense and 
security pursuant to the provisions of the Atomic Energy Act, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR Parts 50, 70, 71, 
and 72. The requirements established by the SNF Transportation Orders 
supplemented the existing regulatory requirements for the shipment of 
SNF at the time. These additional security requirements were primarily 
intended to ensure that SNF was shipped in a manner that protects the 
common defense and security, and the public health and safety.
    On May 20, 2013 (78 FR 29520), the NRC published the final rule for 
10 CFR 73.37, ``Physical Protection of Irradiated Reactor Fuel in 
Transit'' (RIN 3150-AI64; NRC-2009-0163). The final rule incorporates 
the security requirements in the SNF Transportation Orders as well as 
lessons learned from the implementation of the SNF Transportation 
Orders. The final rule becomes effective on August 19, 2013, and 
establishes the acceptable performance standards and objectives for the 
protection of SNF shipments greater than 100 grams from theft, 
diversion, or radiological sabotage. The requirements in the final rule 
capture and make generically applicable the security requirements in 
the SNF Transportation Orders.

    Dated at Rockville, Maryland, this 12th day of August, 2013.

For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2013-19978 Filed 8-16-13; 8:45 am]
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