UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

November 7, 2014

MEMORANDUM TO: Adelaide Giantelli, Branch Chief

Source Management and Protection Branch

Division of Material Safety, State, Tribal 

 and Rulemaking Programs

Office of Nuclear Material Safety 

 and Safeguards

FROM: Paul Goldberg /RA/

Source Management and Protection Branch

Division of Material Safety, State, Tribal 

 and Rulemaking Programs

Office of Nuclear Material Safety 

 and Safeguards

SUBJECT: QUESTIONS AND ANSWERS CONCERNING THE 

APPLICATION OF 10 CFR PART 37 TO LICENSEES WITH 

PART 73 SECURITY PLANS (SECOND GROUP OF 

QUESTIONS FROM NUCLEAR ENERGY INSTITITUE) 

The attached questions and answers are responses from the U.S. Nuclear Regulatory 

Commission (NRC) staff, approved by the Office of General Counsel, to questions from the 

Nuclear Energy Institute (NEI), provided in an email dated December 10, 2013, on how 10 CFR 

Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, 

applies to nuclear reactors and other facilities with security plans under 10 CFR Part 73. They 

have been made public on the NRC Web site at http://www.nrc.gov/security/byproduct/ and 

provided to NEI.

CONTACT: Paul Goldberg, NMSS/MSTR/SMPB 

 301-415-7842
November 7, 2014

MEMORANDUM TO: Adelaide Giantelli, Branch Chief

Source Management and Protection Branch

Division of Material Safety, State, Tribal 

 and Rulemaking Programs

Office of Nuclear Material Safety 

 and Safeguards

FROM: Paul Goldberg /RA/

Source Management and Protection Branch

Division of Material Safety, State, Tribal 

 and Rulemaking Programs

Office of Nuclear Material Safety 

 and Safeguards

SUBJECT: QUESTIONS AND ANSWERS CONCERNING THE 

APPLICATION OF 10 CFR PART 37 TO LICENSEES WITH 

PART 73 SECURITY PLANS (SECOND GROUP OF 

QUESTIONS FROM NUCLEAR ENERGY INSTITITUE) 

The attached questions and answers are responses from the U.S. Nuclear Regulatory 

Commission (NRC) staff, approved by the Office of General Counsel, to questions from the 

Nuclear Energy Institute (NEI), provided in an email dated December 10, 2013, on how 10 CFR 

Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, 

applies to nuclear reactors and other facilities with security plans under 10 CFR Part 73. They 

have been made public on the NRC Web site at http://www.nrc.gov/security/byproduct/ and 

provided to NEI.

CONTACT: Paul Goldberg, NMSS/MSTR/SMPB 

 301-415-7842

ML14307B321

OFC NMSS/MSTR NMSS/MSTR

NAME PGoldberg AGiantelli

DATE 11/07/14 11/07/14

OFFICIAL RECORD COPY
1

Responses to NEI Part 37 Questions Provided on December 10, 2013

1. Large Components and Exemptions

Over 65% of power reactor sites will have large equipment weighing in excess of 2000 kg 

(e.g., steam generators, reactor heads, contaminated turbine equipment, etc.) housed 

outside their Protected Areas, but within the Owner Controlled Area. These materials are selfprotecting and should be exempt from the requirements of Part 37, in accordance with Part 

37.11. Part 37.11(a), “The Commission may, upon application of any interested person or 

upon its own initiative, grant such exemptions from the requirements of the regulations in this 

part as it determines are authorized by law and will not endanger life or property or the 

common defense and security, and are otherwise in the public interest”. 

NRC RESPONSE:

NRC issued an Enforcement Guidance Memorandum (EGM), 2014-001, on March 13, 2014,

(http://pbadupws.nrc.gov/docs/ML1405/ML14056A151.pdf), that deals, in part, with this issue. 

This EGM will remain effective until the underlying technical issue is dispositioned through 

rulemaking or other regulatory action. If a licensee has large components that are not covered 

by this EGM, a licensee may request individual exemptions under 37.11(a). 

NRC cannot grant a general exemption from major provisions of the rule, as suggested by the 

comment, since a general exemption could potentially be seen as circumventing the notice and 

comment requirements of the Administrative Procedures Act.

2. 37.11 Exemptions for Part 73 Security Plans (Credit for 10 CFR 73.55 (i)(5)(ii)

Materials (risk significant materials) of concern within the OCA located such that they are 

covered by the requirements of 10 CFR Part 73.55(i)(5)(ii) which states, “Continuous 

surveillance, observation, and monitoring responsibilities may be performed by security 

personnel during continuous patrols through the use of video technology, or by a combination 

of both.” Licensee security plans required by Part 73 implement that rule requirement. Since 

this requirement is addressed in the Part 73 security plan, Part 37.11(b) applies and no other 

actions are required.

NRC RESPONSE:

See the response to previous questions, particularly the consolidated response to Questions 3, 

4, 8, 9, 10 and 11, provided to NEI March 13, 2014 at http://www.nrc.gov/security/byproduct/neipt-37.pdf. 

3. Part 73 Security Measures

Part 37 materials of concern stored inside the Protected Area (PA) are covered by 

requirements as delineated in the Physical Security Plan (PSP) for power reactors. 

Therefore, no further actions should be required for this material.

A Part 73 plan does not provide a broad exemption from Part 37. The scope of Part 73 does not 

include the radionuclides of concern in Part 37. However, as stated in the October 9, 2013 

response to questions from NEI, “Generally, if risk significant byproduct material is inside the 

protected area (PA) of a power reactor, ISFSI or Category I SNM facility, the existing physical 

security measures required by Part 73 for the PA would provide protection equivalent to or 

greater than that required by the 10 CFR Part 37 performance requirements.” (Consolidated 
2

response to Questions 3, 4, 8, 9, 10 and 11; http://www.nrc.gov/security/byproduct/nei-pt37.pdf) If a licensee is using its Part 73 security plan to meet the Part 37 requirements, the Part 

73 security plan must be revised to include the Part 37 material in the protective strategy.

These measures must be documented in either a Part 37 plan or a Part 73 plan. The response 

to question No. 3 in the October 9, 2013 response to questions from NEI states that "The 

documentation should identify the 10 CFR Part 73 protective measures that are being credited 

(e.g., background investigations, access controls, and physical protection (such as access 

controls, physical barriers, intrusion alarms, weapons, tactical response)).”

4. Part 73 Security Plans

What is the level of detail to be included in a Part 73 security plan in order to comply with 

Part 37.11(b), “Any licensee’s NRC-licensed activities are exempt from the requirements of 

subparts B and C of this part to the extent that its activities are included in a security plan 

required by part 73 of this chapter?” 

NRC RESPONSE:

See the section “Part 73 Security Plans” in the consolidated response to Questions 3, 4, 8, 9, 10 

and 11; http://www.nrc.gov/security/byproduct/nei-pt-37.pdf.

 
3

Subject Question NRC Response

1. Waste 

Exempted 

from 

Subparts B, 

C, D 

37.11(c) This section exempts radioactive 

waste that contains category 1 and 

category 2 quantities of radioactive 

material from the requirements of subparts 

B, C, and D of part 37.

NUREG 2155-37.11(c) Q&A-Q3 discussion 

identify 'rubble and removed components' 

as waste once decommissioning has 

begun and 10 CFR Part 37 would then 

apply.

My question is related to the applicability of 

10 CFR Part 37.71 for components such 

as reactor vessel heads, steam generators 

that are transferred from the licensee 

classified as radioactive waste and contain 

'diffuse category 1 or category 2 quantities 

of radioactive material.

Note: The licensee is still operating and not 

decommissioning and dismantling the 

facility.

(AM)

37.11(c) exempts wastes (other than 

discrete sources, ion exchange resins, and 

activated material weighing less than 2000 

kg) with Category 1 or 2 quantities of 

material from Subparts B, C, and D of Part 

37. The large components in question 

would be exempt from Subparts B, C, and 

D if they are waste materials that weigh 

more than 2000 kg. 

2. Components 

and 

Activated 

materials

37.11(c) –NUREG 2155 37.11(c) Q&A-Q2 

and Q3- What does the NRC consider to 

be components when referring to 'activated 

materials in walls and components'?

(AM)

The phrase “activated material” means 

physical objects (such as walls or metal 

components) that have become radioactive 

by neutron irradiation. For example, control 

rod blades that have been exposed to 

neutron flux are activated material in 

components.
4

3. Radwaste 

filters 

37.11(c) – Are radioactive waste filters 

packaged in a High Integrity Container 

(HIC) classified by the licensee as 

radioactive waste exempt from Subparts B, 

C and D when it contains:

1. Diffuse category 1 or category 2 

quantities or

2. Category 1 or category 2 radioactive 

material quantities.

(AM)

Radioactive waste other than discrete 

sources, ion-exchange resins, or 

activated material that weighs less than 

2,000 kg (4,409 lbs)) is exempt from the 

security requirements of 10 CFR 37, 

subparts B, C, and D. Therefore, if the 

aggregated waste in a package weighs 

less than 2,000 kg it must meet the 

requirements in Part 37, subparts B, C 

and D. 

If the aggregated waste in a package 

weighs more than 2,000 kg, it is exempt 

from the requirements in subparts B, C 

and D of Part 37. However, the 

exempted radioactive waste must be 

protected in accordance with the security 

requirements for exempted waste in 10 

CFR 37.11(c)(1) through (4

Note: A licensee with radioactive waste 

filters stored inside robust structures 

should review the Enforcement Guidance 

Memorandum (EGM) 2014-001, to see if 

the EGM may apply. 

4. Radwaste

filters vs. Ion 

exchange resin

37.11(c) What is the rationale for the 

security requirements of Parts 37 Subparts 

B, C, and D applying to ion-exchange resin 

that contain category 1 and category 2 

quantities of radioactive material but the 

same requirements do not apply to spent 

filter cartridges that contain category 1 and 

category 2 quantities of radioactive 

material?

(AM)

The NRC considered, among other things, 

specific activity level and the dispersibility 

of the material when drafting the 37.11(c) 

exemption. In future evaluation of Part 37, 

NRC will consider the need to apply 

Subparts B, C and D to spent filter 

cartridges.
5

5. Protection 

of SGI-M 

information

37.77(f) Protection of Information requires 

the schedule information furnished in 

advance notification of shipment of 

category 1 quantities of radioactive 

material (37.77(b)) to be protected against 

unauthorized disclosure as specified in 10 

CFR 73.21. 

I understand that all records generated 

under Part 37 will no longer be designated 

SGI-M once the new immediate direct rule 

in SECY-13-0045 is final. When that 

document is final next March 19, 2014 then 

sensitive information generated under Part 

37 will then be protected under 37.43(d).

Are the records generated in 10 CFR 37 

identified based on whether a licensee is 

required to protect that information in 

accordance with 37.43(d) or will the 

licensee need to make that determination?

(AM)

Information to be protected is defined in 

37.43(d) as the security plan, implementing 

procedures, and the list of individuals that 

have been approved for unescorted 

access. 

The advance notification information 

required by 37.77(b) that is now protected 

under 73.21 will be protected under 

37.43(d) when the new SGI-M rule 

becomes effective.

The new rule, described in SECY-13-0045, 

is expected to be issued in the next few 

months. 
6

6. Transportation 

requirements

10 CFR Part 37 Subpart D –

Is a licensee implementing this subpart 

also required to implement 49 CFR 172 

Subpart I- Safety and Security Plans or 

does 10 CFR Part 37 subpart D meet the 

requirement of 49 CFR 172.804?

(AM)

Both 10 CFR 37 Subpart D and 49 CFR 

172 requirements must be met. However, 

in accordance with the NRC and DOT 

regulations cited below, protective 

measures established in the Part 37 plan 

may be used to satisfy elements of the 

DOT requirements.

NRC Regulation 10 CFR 71.5, 

“Transportation of licensed material” 

specifies requirements for the 

transportation of licensed material on 

public highways, or for persons who deliver 

licensed material to a carrier for transport. 

The NRC regulations require licensees to 

comply with the applicable requirements of 

the DOT regulations in 49 CFR Parts 107, 

171 through 180, and 390 through 397.

49 CFR 172.804, “Relationship to other 

Federal requirements.”

To avoid unnecessary duplication of 

security requirements, security plans that 

conform to regulations, standards, 

protocols, or guidelines issued by other 

Federal agencies, international 

organizations, or industry organizations 

may be used to satisfy the requirements in 

this subpart, provided such security plans 

address the requirements specified in this 

subpart.
7

7. Security for 

radwaste 

shipments 

in 

preparation 

for transit

37.47– When a licensee is in the process 

of completing shipping papers to transfer a 

category 1 or category 2 quantity of 

radioactive material to a carrier outside of 

the protective area but inside of the owner 

control area, what are the applicable 

requirements related to 'security zones'?

Does this requirement in Subpart C apply 

to a licensee implementing Subpart D that 

is exempt from Subpart B and Subpart C 

under 37.11(b)

(AM)

If the material is subject to Subparts B and 

C, the licensee must use and store the 

material within a security zone. This would 

include waste materials. 

If the material subject to Subparts B and C 

has been moved outside the PA in 

preparation for transport, it remains subject 

to Subparts B and C and also to Subpart 

D., Licensees may satisfy these 

requirements by establishing a temporary 

security zone in accordance with 37.47(b) 

that provides the required protective 

measures.

For Category 1 or 2 waste materials

exempted from Subparts B, C, and D 

under 37.11(c) the waste is only subject to 

37.11(c)(1-4) while in storage on site.

Once the shipment begins, the waste is 

subject to DOT transportation security 

requirements.
8

8. Large

components 

storage

Initial Licensee Question 5

Part 37.11(c)

Do items 1- 4 apply to a steam generator

or reactor vessel head mausoleums? 

Typically these storage facilities may not 

be identified as radioactive waste storage.

Follow-up Licensee Question 5

The question was intended to apply to the 

material in the building, not the walls of the 

building. The question is do the controls 

apply to a single item or collection of items 

specified in 37.11(c)?

If Steam Generator mausoleums and 

similar storage facilities with limited access 

are exempted, would all material in the 

facility be exempted (e.g., in addition to 

S/Gs, we store irradiated hardware such 

as control rod guide tubes, CRDMs, along 

with contaminated RCS piping in the 

mausoleum)?

(EA)

Initial NRC Response

Part 37 focuses on protection of risk

significant quantities of radioactive material 

and does not name specific facilities, 

components, or areas that need to comply. 

Walls and component parts that become

activated throughout their life are not 

considered to be waste until they are no 

longer useful for their intended purpose.

Licensees are responsible for making the 

determination of when material will be no 

longer useful (considering the potential for

spare parts, or recycling into other

products or sale for other purposes). The

regulations for waste in 10 CFR Part 37 

do not apply to activated material in walls

and components during the operating life 

of a reactor, hot cell, or accelerator. Once

the licensee removes activated material

from use (whether from maintenance or

during decommissioning) and declares the

rubble or removed components as waste, 

then 10 CFR Part 37.11(c) criteria would 

apply. 

The controls in 37.11(c) apply to 

aggregated waste material regardless of 

whether the material consists of a single 

item or multiple items. When determining 

the amount of radioactive material subject 

to aggregation, the radioactive material in 

large components or robust structures is 

not included in the aggregation if it meets 

the criteria for enforcement discretion 

provided by EGM 2014-001 or is 

otherwise exempted. Other radioactive 

material not protected by the physical 

form of large components (such as 

CRDMs, irradiated hardware, etc.) must 

be aggregated and protected as required 

by Part 37. The EGM provides 

enforcement discretion for large 

components and material within robust 

structures; however, a mausoleum or 

similar structure in itself is not exempt 

from the regulations.

A mausoleum could contain items that 

have been granted an exemption or

enforcement discretion and items that

have not. If the non-exempt items are 
9

8.Large

components 

storage (cont.)

9. Exempt 

radwaste 

requirements

Initial Licensee Question 12

Can NRC please explain in detail the 

exemption in 37.11(c) as it applies to 

LLW?

Follow-up Licensee Question 12

Under 37.11(b), licensees (with Part 73 

security plans) are exempt from Subparts 

B and C. Are those licensees also exempt 

from the radwaste security requirements in 

37.11(c)? 

(EA)

subject to Subparts B and C or to 37.11(c) 

(1-4), they would remain subject to those 

requirements

Initial NRC Response

The security requirements of Part 37 

Subparts B, C and D apply in their 

entirety to the following wastes that 

contain Category 1 and 2 quantities:

• discrete sources

• ion-exchange resins

• activated material < 2,000 kg (i.e., 

irradiated metal or

concrete)

Other waste forms are exempted from the 

security requirements of Subpart B, C, 

and D. However, these waste forms, such 

as contaminated clothing, gloves, soil, or 

low specific activity waste must meet the 

security requirements of §37.11(c) (1) 

through (c) (4) if they contain Category 1 

and 2 quantities.

.

Follow-up NRC Response

As explained in NUREG-2155, licensees 

with Part 73 plans are exempt from 

Subparts B and C only to the extent that 

their licensed activities are provided an 

equivalent or greater level of protection as 

documented under their Part 73 plan. An 

exemption under 37.11(b) would not 

exempt licensees from the 37.11(c) 

radwaste security requirements, which 

are in Subpart A.

 
10

What about large areas of equipment 

storage or in open areas of the power 

block in the plant or Protected Area? This 

would not be waste material, but all of the 

equipment in a large storage area might 

exceed category 2. This clarification is key 

as all power plant licensees have storage 

areas for equipment

Should sites estimate Curie content of 

equipment aggregated within the plant or 

within the Protected Area? While there 

may not be a Subpart B or C requirement 

inside the Protected Area, is it expected 

that all areas inside the Protected Area 

have the activity quantified?

If areas inside the Protected Area are 

generically exempt as part of the Part 73 

program, would the Protected Area itself 

just be considered a single “Security 

Zone”?

Shouldn’t equipment items or areas 

receive a similar exemption from B, C, and 

D similar to diffuse types of wastes 

specified in 37.11(c) or is that implied?

(EA)

Licensees must define their own licenseeestablished security zones in accordance 

with Part 37.47(a). Licensees could 

choose to define the Protected Area as a 

single security zone or define multiple 

security zones within the Protected Area. 

Within a security zone, if material is 

separated by barriers so that the breach 

of any one barrier would not permit 

access to an aggregated quantity, the 

material is not considered aggregated. A

physical barrier is a natural or manmade 

structure or formation sufficient for the 

isolation of a category 1 or category 2 

quantity of radioactive material within a 

security zone. One crucial distinction is 

between security zones and barriers. Not 

all the material within a security zone is 

aggregated: there can be barriers within 

the security zone that separate the 

material. Aggregation is based on the 

ability to gain access to the material by 

the breach of a single barrier.

In order to determine whether Part 37 

requirements are applicable, licensees 

should determine whether materials 

accessible by the breach of a single 

barrier contain activity aggregating to 

Category 2 levels. Licensees are allowed 

to conservatively bound the amount of 

activity as “more than” or “less than” a 

Category 2 amount of activity. Licensees 

may find it useful to put the activity into 

material categories; e.g., ion exchange 

resin, filters, equipment contamination.

Areas inside the protected area are not 

exempt from Part 37 if the aggregated 

material exceeds a Category 2 quantity. 

However, licensees are allowed to use 

their part 73 plans to protect the material 

from theft and diversion as required by 

Part 37. 

37.11(c) exempts diffuse wastes from 

Subparts B, C, and D but they remain 

subject to 37.11(c) (1-4). There is no 

exemption in Part 37 for equipment items 

or areas. 37.11(a)) allows licensees to 

apply for exemptions from requirements if 

they can articulate a basis for meeting the 

exemption criteria. 
11

10. Radwaste 

forms 

exempt 

from 

Subparts C 

and D

Initial Licensee Question 13

What are NRC’s expectations for 

implementation of 37.11(c)(1-4)? 

Specifically, has NRC considered what 

would be acceptable to meet the intent of 

1-4?

Licensee Follow-up Question:

Would these controls only be applicable if 

the equipment or waste was stored 

outside of the Protected Area based upon 

the previous NRC response?

(EA)

Initial NRC Response

NRC believes the language in the rule is 

clear as written in 37.11(c),

§ 37.11(c)(1)

Use continuous physical barriers that allow 

access to the radioactive waste only 

through established access control points;

§ 37.11(c)(2)

Use a locked door or gate with monitored 

alarm at the access control point;

§ 37.11(c)(3)

Assess and respond to each actual or 

attempted unauthorized access to

determine whether an actual or attempted 

theft, sabotage, or diversion occurred; and

§ 37.11(c)(4)

Immediately notify the LLEA and request 

an armed response from the LLEA upon 

determination that there was an actual or 

attempted theft, sabotage or diversion of 

the radioactive waste that contains 

category 1 or category 2 quantities of 

byproduct material.

The controls for waste forms excluded 

from Subparts B. C and D would be 

applicable anywhere the waste is stored, 

inside or outside a Protected Area. 
12

11. New 

Reactors

How does 10 CFR 73 and/or 10 CFR 37 

apply to new reactors during construction 

(e.g., a shepherd calibrator may be 

shipped to new site under construction and 

need to store for a period of time)?

(EA)

If the Part 73 plan is in effect, and 

documents the protection of the material at 

a level equivalent to or greater than Part 

37, the calibrator is protected. If the Part 

73 plan does not provide at least an 

equivalent level of protection, then a Part 

37 plan must be established and 

implemented. See also Part 37.41. 

12. Robust 

structures 

We have a radwaste facility located 

outside the PA. The facility is used to 

process liquid waste and store primary 

resins and filters until packaged and 

shipped for disposal. Access is controlled 

with a card reader. A single liner is stored 

in a bunker. Each bunker is covered by a 

large shielding block. Removal of the 

shield blocks can only be performed using 

an overhead crane. Several questions, 

could a facility like this be exempted from 

10 CFR 37 similar to S/G mausoleums? 

If not, do all the liners stored in each of the 

bunkers need to be aggregated to 

determine if Cat 1 or 2 quantities are 

exceeded?

(EA)

Licensees may apply for exemptions in 

accordance with Part 37.11 and provide 

justifications for the exemption requests. 

The facility as described may be subject to 

enforcement discretion as provided by 

EGM 2014-001. In the absence of an

exemption or enforcement discretion, 

licensees must provide the protective 

measures required by Part 37. There is no 

exemption from Part 37 for steam 

generator mausoleums. 

Licensees need to define their security 

zones, and determine whether the 

aggregated material accessible by the 

breach of a single barrier reaches the 

Category 2 activity level. See Q&A # 14 

below.
13

13. Waste 

ready for 

Transport

For waste packaged and ready for 

transportation for disposal that exceeds 

Cat 1 or 2 quantities, who has the 

responsibility for ensuring compliance with 

10 CFR 37 when the waste leaves the PA 

(transporter or power reactor licensee,) 

inside the owner controlled area, and on 

the highway? My concern is that in most 

cases the vendor will not accept title to the

waste until it arrives at the disposal or 

processing facility.

(EA)

As long as the licensee is in possession of 

material subject to Part 37, the licensee 

must comply with the rule. If the waste 

material is onsite, whether in the PA or 

outside the PA, the licensee is responsible 

for the security of the material until the 

transportation carrier accepts the

consignment for shipment. 

For material that is staged for shipment, 

the licensee may protect the material by 

establishing a temporary security zone

around the material. In accordance with 

the Federal Register Notice, 78 FR, No. 

53, p. 16933, “Similarly, when work is 

being done inside a temporary zone, a 

licensee could meet the requirements for 

controlling unescorted access by having 

the material, persons, and area within the 

zone under direct control of approved 

individuals at all times.”

For material in transit, see pp. 240-243 of 

NUREG-2155, particularly Q&A # 5 on p. 

242 (excerpted below):

Q5: 10 CFR 37.79(a)(2) requires

constant control and/or surveillance “during 

transit.” When does “transit” begin and

end for the purposes of this requirement?

A5: In general, transit begins when the

carrier accepts the consignment of 

radioactive material for shipment. Transit

ends when the receiving licensee accepts

the shipment from the carrier.

During transport, the material must be 

protected in accordance with Subpart D 

(e.g., using movement control centers and 

direct control and constant surveillance). 

The shipping licensee is responsible for 

meeting the requirements unless the 

receiving licensee agrees in writing to 

arrange for the in-transit physical 

protection, including preplanning and 

coordination activities. A shipping 

licensee that uses a carrier must ensure 

that the carrier can meet the physical 

protection requirements for shipments.
14

14. 

Aggregation

Aggregated definition - Sea/land 

containers are large enough to be a 

storage area, yet are also containers in 

transit. Would several sea/land containers 

grouped together be individual security 

zones as each is protected by its individual 

barrier?

Would the amount of aggregated material 

be that material in each Sea/Land 

container or based on all the containers 

combined?

(EA)

Aggregated means accessible by the breach 

of a single physical barrier that would allow 

access to radioactive material in any form, 

including any devices that contain the 

radioactive material, when the total activity 

equals or exceeds a category 2 quantity of 

radioactive material.

Whether material is aggregated depends 

on whether access to it requires the 

breach of one barrier, not on how much is 

in a security zone. Licensees may define 

each Sea/land container as its own 

security zone, or licensees may define a 

security zone as having multiple 

containers. Within a security zone, if 

material is separated by barriers (e.g., 

locked Sea/Land containers), so that an 

aggregated amount would be accessible 

only by the breach of multiple barriers (for 

example breach of two SeaLand 

containers), the material is not considered 

aggregated. 

If Sea/Land containers with material are 

not locked, then the material is 

considered aggregated. 

.

15. Licensee 

Verification 

Systems

37.71: Based upon the exemptions in 

37.11(b) and (c), is the Licensee

Verification System only required for 

category 2 or higher waste discrete 

sources, ion exchange resins, activated 

metal <2000 kg, and non-waste byproduct 

equipment or source shipments? 

Shouldn’t non-waste byproduct material 

like equipment shipments be exempt like 

other diffuse sources of waste in 37.11(c)?

(EA)

Under the rule, license verification is 

required under 37.71 for transfers of 

Category 1 or 2 material (except for waste 

exempt from Subparts B, C and D under 

37.11(c)).

The transport of Category 1 and 2 

materials (other than waste materials 

exempted in 37.11(c)), whatever the form, 

is subject to license verification and other 

requirements of Part 37. EGM-14-001 

provides the possibility of enforcement 

discretion for large components and 

material in robust structures. 
15

16. Material 

inside 

fences

If there is a locked building that contains 

several locked fences (different lock from 

each other and the building door) and 

radioactive material in any fenced in area 

is less than category 2 quantities of 

radioactive material, is this considered not 

aggregated in which Part 37 does not 

apply?

(RL)

If an adversary has to breach more than 

one physical barrier to gain access to 

radioactive material located in different 

areas within the building or room to equal 

a Category 2 or greater quantity of 

material, the material would not be 

considered aggregated and would not be 

subject to Part 37 security measures. 

If the building or fence is robust enough to 

constitute a physical barrier, the material 

is considered isolated. Under 10 CFR 

37.47(c) (1), a physical barrier is a natural 

or manmade structure or formation 

sufficient for the isolation of a category 1 

or category 2 quantity of radioactive 

material within a security zone.