NRC PROPOSES STRONGER OVERSIGHT OF RADIOACTIVE MATERIALS 

 The Nuclear Regulatory Commission is proposing to strengthen oversight of radioactive 

materials by limiting the amount of radioactive material allowed in generally licensed devices. 

 “I believe this proposed rule is a positive step forward in increasing the accountability of 

these materials,” NRC Chairman Gregory B. Jaczko said. “I look forward to receiving input from 

the public on the agency’s proposal.” 

The proposed rule would require owners of approximately 1,800 devices, an estimated 

1,400 general licensees nationwide, to apply for specific licenses for the devices. This change 

applies primarily to fixed industrial gauges. 

 Requiring specific licenses for such devices would improve the safety, security and 

control over the gauges by bringing them under increased regulation, making it harder to 

accumulate a risk-significant amount of radioactive material or to procure a device through 

subterfuge. 

 The proposed rule was published Aug. 3 in the Federal Register for public comment, and 

is available online here: http://edocket.access.gpo.gov/2009/pdf/E9-18438.pdf. 

 Generally licensed devices typically contain radioactive material in a shielded, sealed 

housing. Their design includes inherent radiation safety features so the device may be safely 

used by someone with no radiation training or experience. Examples include gas chromatographs 

used in chemical analysis, static eliminators, ice detection devices and certain in vitro kits used 

in clinical or laboratory testing. Owners of such devices must fulfill certain recordkeeping 

requirements, but because of the built-in safety features, they do not have to apply to the NRC or 

a state regulatory agency for a specific license to possess or use the radioactive material. 

 The devices that would be affected by the proposed rule fall into Category 3 or the upper 

limits of Category 4 of the International Atomic Energy Agency’s (IAEA’s) categorization of 

radioactive sources. The U.S. government considers Category 1 and Category 2 sources to be the 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

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No. 09-131 August 5, 2009
most sensitive from a security standpoint. While sources in lower categories are considered less 

sensitive, the NRC is concerned that a small number of Category 3 or certain Category 4 sources 

together could be equivalent to a Category 2 amount of radioactive material. 

 The proposed rule would require specific licenses for devices containing radioactive 

material equal to or greater than 1/10th of the IAEA’s Category 3 level. This requirement would 

improve NRC monitoring of the location and use of radioactive materials of higher activity and 

enhance the accountability and control of such devices. The more stringent requirements of the 

specific licensing process would minimize the potential for aggregation of radioactive materials 

to quantities of concern, thereby enhancing the NRC’s ability to protect public health and safety. 

The proposed rule would also clarify the applicable requirements when a device authorized 

under a general license is instead held under a specific license. 

For more information on the proposed rule, contact NRC staff member Solomon Sahle by 

phone at 301-415-3781or via e-mail at solomon.sahle@nrc.gov. 

Comments on the changes will be accepted through Oct. 19. Comments may be mailed 

to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: 

Rulemakings and Adjudications Staff. They may be e-mailed to: rulemaking.comments@nrc.gov

or submitted via the Federal e-Rulemaking Portal at http://www.regulations.gov under Docket ID 

NRC-2008-0272. Comments may also be faxed to the Secretary at 301-415-1101, or handdelivered to 11555 Rockville Pike, Rockville, Md., between 7:30 a.m. and 4:15 p.m. on federal 

workdays. 

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