10 CFR 71, Subpart D - Application for Package Approval

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to establish security requirements for the use and transport of category 1 and category 2 quantities of radioactive material. The NRC considers these quantities to be risk significant and, therefore, to warrant additional protection. Category 1 and category 2 thresholds are based on the quantities established by the International Atomic Energy Agency (IAEA) in its Code of Conduct on the Safety and Security of Radioactive Sources, which the NRC endorses. The objective of this final rule is to provide reasonable assurance of preventing the theft or diversion of category 1 and category 2 quantities of radioactive material. The regulations also include security requirements for the transportation of irradiated reactor fuel that weighs 100 grams or less in net weight of irradiated fuel. The final rule affects any licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material, any licensee that transports these materials using ground transportation, and any licensee that transports small quantities of irradiated reactor fuel. The rule also considers a petition for rulemaking (PRM-71-13) submitted by the State of Washington that requested that the NRC adopt the use of global positioning satellite tracking as a national requirement for vehicles transporting highly radioactive mobile or portable radioactive devices.

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to establish security requirements for the use and transport of category 1 and category 2 quantities of radioactive material. The NRC considers these quantities to be risk significant and, therefore, to warrant additional protection. Category 1 and category 2 thresholds are based on the quantities established by the International Atomic Energy Agency (IAEA) in its Code of Conduct on the Safety and Security of Radioactive Sources, which the NRC endorses. The objective of this final rule is to provide reasonable assurance of preventing the theft or diversion of category 1 and category 2 quantities of radioactive material. The regulations also include security requirements for the transportation of irradiated reactor fuel that weighs 100 grams or less in net weight of irradiated fuel. The final rule affects any licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material, any licensee that transports these materials using ground transportation, and any licensee that transports small quantities of irradiated reactor fuel. The rule also considers a petition for rulemaking (PRM-71-13) submitted by the State of Washington that requested that the NRC adopt the use of global positioning satellite tracking as a national requirement for vehicles transporting highly radioactive mobile or portable radioactive devices.

The regulations for packaging and transport of spent nuclear fuel are separate from requirements for storage of spent nuclear fuel. Because these regulatory schemes are separate, there is no requirement that loaded storage casks also meet transportation requirements. Integration of storage and transport regulations could enable a more predictable transition from storage to transport by potentially minimizing future handling of spent fuel and uncertainty as to whether loaded storage casks may be transported from the storage location. As part of its evaluation of integration and compatibility between storage and transportation regulations, the U.S. Nuclear Regulatory Commission (NRC) staff is reviewing its policies, regulations, guidance, and technical needs in several key areas, such as: retrievability, cladding integrity, and safe handling of spent fuel; criticality safety features and requirements for spent fuel transportation; and aging management and qualification of dual-purpose canisters and components after long-term storage. The NRC staff is reviewing the potential policy issues and requirements related to retrievability, cladding integrity, and safe handling of spent fuel as the lead issue for evaluating compatibility of storage and transportation regulations. As part of its evaluation of integration and compatibility between NRC's storage regulations and transportation regulations, the NRC is issuing this request for comment (available in the NRC's Agencywide Documents Access and Management System (ADAMS) under Accession No. ML12293A434) as the staff begins its review of NRC policies, guidance, and technical needs related to retrievability, cladding integrity, and safe handling of spent fuel.