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Fiscal Year 2013 Rulemaking Activities Report 

Introduction

This report contains summaries of the U.S. Nuclear Regulatory Commission’s (NRC’s) 

rulemaking actions published in the Federal Register during fiscal year (FY) 2013. The 

summaries are grouped by action and are of documents (1) containing regulatory text, 

(2) imposing requirements with general applicability and legal effect, (3) concerning a 

rulemaking proceeding, or (4) announcing an enhanced public participation initiative related to 

a rulemaking. Also included are descriptions of agency actions on petitions for rulemaking. 

NRC FY2013 Rulemaking Actions

The following table tallies the number and type of rulemaking actions published in the Federal 

Register in FY 2013. 

Rulemaking Action Total Number Published

Advance Notice of Proposed Rulemaking 1 

Proposed Rule 5 

Supplemental Proposed Rule 1 

Final Rule 9 

Direct Final Rule 3 

Correcting Amendment 4 

Petition for Rulemaking 14 

Preliminary and Draft Rule Language 1 

Draft and Final Regulatory Basis 7 

Draft and Final Guidance 8 

Policy Statement 2 

Memorandum of Understanding 1 

Other Rulemaking-Related Documents 5 

Total 61 

Table of Contents

 I. Advance Notice of Proposed Rulemaking

II. Proposed Rule 

III. Supplemental Proposed Rule

IV. Final Rule 

V. Direct Final Rule 

VI. Correcting Amendment

VII. Petition for Rulemaking 

 a. Notice of Acceptance and Docketing 

 b. Consideration in the Rulemaking Process 

 c. Partial Consideration in the Rulemaking Process

 d. Denial

 e. Withdrawal by Petitioner

VIII. Preliminary and Draft Rule Language (Proposed and Final) 

IX. Draft and Final Regulatory Basis 
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X. Draft and Final Guidance (in support of current rulemakings) 

 XI. Policy Statement

 XII. Memorandum of Understanding

 XIII. Other Rulemaking-Related Documents

I. Advance Notice of Proposed Rulemaking 

Potential Changes to Interlocutory Appeals Process for Adjudicatory Decisions: 

Advance Notice of Proposed Rulemaking; Request for Comment; 10 CFR Part 2 (RIN 

3150-AJ24; NRC-2013-0050) 

On April 5, 2013, the NRC published an Advance Notice of Proposed Rulemaking in the Federal 

Register (78 FR 20498) to begin the process of potentially amending its regulations to change 

the interlocutory appeals process for certain adjudicatory decisions. The NRC was considering 

four options pertaining to the interlocutory review of rulings on requests for hearings or petitions 

to intervene under § 2.311 of Title 10 of the Code of Federal Regulations (10 CFR). The NRC 

sought public comment on the four options. The comment period closed on July 5, 2013. 

II. Proposed Rule 

Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013: Proposed Rule; 10 CFR 

Parts 170 and 171 (RIN 3150-AJ19; NRC-2012-0211)

On March 7, 2013, the NRC published a proposed rule in the Federal Register (78 FR 14880) to 

amend the licensing, inspection, and annual fees charged to its applicants and licensees. The 

proposed amendments were necessary to implement the Omnibus Budget Reconciliation Act of 

1990, as amended (OBRA-90), which requires the NRC to recover through fees approximately 

90 percent of its budget authority in fiscal year (FY) 2013, not including amounts appropriated 

for Waste Incidental to Reprocessing, and amounts appropriated for generic homeland security 

activities. The NRC was operating under a Continuing Resolution (CR) which expired on March 

27, 2013. Based on the FY 2013 budget submitted to the Congress, the NRC proposed fees in 

this rulemaking based on the FY 2013 budget which was estimated to be $1,053.2 million. After 

accounting for billing adjustments, the total amount to be billed as fees is approximately $924.8 

million. These fees were subject to changes pending congressional action which could have 

included sequestration, full-year CR or issuance of an FY 2013 appropriation which differed for 

the FY 2013 budget submitted to the Congress which could have resulted in higher or lower 

fees than those proposed in the rulemaking. The comment period on the proposed rule closed 

on April 8, 2013. 

Revision to the Petition for Rulemaking Process: Proposed Rule; 10 CFR Part 2 (RIN 

3150-AI30; NRC-2009-0044)

On May 3, 2013, the NRC published a proposed rule in the Federal Register (78 FR 25886) to 

amend its regulations to streamline its process for addressing petitions for rulemaking (PRMs). 

The proposed amendments are intended to improve transparency and make the PRM process 

more efficient and effective. The comment period on the proposed rule closed on July 17, 2013. 

Revisions to Transportation Safety Requirements and Harmonization With International 

Atomic Energy Agency Transportation Requirements: Proposed Rule; 10 CFR Part 71 

(RIN 3150-AI11; NRC-2008-0198; NRC -2013-0082)

On May 16, 2013, the NRC, in consultation with the U.S. Department of Transportation (DOT) 

published a proposed rule in the Federal Register (78 FR 28988) to amend its regulations for 
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the packaging and transportation of radioactive material. The amendments would make the 

NRC’s regulations conform to revisions to the International Atomic Energy Agency’s regulations 

for the international transportation of radioactive material and maintain consistency with DOT 

regulations. The parallel DOT proposed rulemaking was published in the Federal Register on 

August 12, 2011 (76 FR 50332). The comment period on the proposed rule closed on July 30, 

2013, and the comment period on the information collections aspect of the proposed rule closed 

on June 17, 2013. 

In the same issue of the Federal Register, the NRC published a document (78 FR 29016) 

requesting public comment on draft regulatory guide DG-7009, “Establishing Quality Assurance 

Programs for Packaging Used in Transport of Radioactive Material.” This draft regulatory guide 

describes a proposed method that the NRC staff considers acceptable for use in complying with 

the aforementioned proposed rule. The comment period on DG-7009 closed on July 30, 2013. 

Approval of American Society of Mechanical Engineers’ Code Cases: Proposed Rule;

10 CFR Part 50 (RIN 3150-AI72; NRC-2009-0359)

On June 24, 2013, the NRC published a proposed rule in the Federal Register (78 FR 37886) to 

amend its regulations to incorporate by reference the latest revisions of three regulatory guides 

(RG) approving new and revised Code Cases published by the American Society of Mechanical 

Engineers (ASME). This proposed action would allow nuclear power plant licensees, and 

applicants for construction permits, operating licenses, combined licenses, standard design 

certifications, standard design approvals and manufacturing licenses, to use the Code Cases 

listed in these RGs as alternatives to engineering standards for the construction, inservice 

inspection, and inservice testing of nuclear power plant components. This rulemaking also 

includes consideration of a petition for rulemaking (PRM), PRM-50-89, submitted by Mr. 

Raymond West. 

In the same issue of the Federal Register (78 FR 37721), the NRC published another 

document issuing the three draft RGs for comment: (1) DG-1230, “Design, Fabrication and 

Materials Code Case Acceptability, ASME Section III”; (2) DG-1231, “Inservice Inspection Code 

Case Acceptability, ASME Section XI, Division 1”; and (3) DG-1232, “Operation and 

Maintenance Code Case, Acceptability, ASME OM Code.” The comment period closed on 

September 9, 2013.

Waste Confidence—Continued Storage of Spent Nuclear Fuel: Proposed Rule and Draft 

Generic Environmental Impact Statement; 10 CFR Part 51 (RIN 3150-AJ20; NRC-2012-

0246)

On September 13, 2013, the NRC published a proposed rule in the Federal Register 

(78 FR 56776) to revise its generic determination on the environmental impacts of the continued 

storage of spent nuclear fuel beyond a rector’s licensed life for operation and prior to ultimate 

disposal. The NRC prepared a draft environmental impact statement (DGEIS), NUREG-2157, 

“Waste Confidence Generic Environmental Impact Statement” (78 FR 56621), to support the 

proposed rule. The public comment period on the proposed rule and the DGEIS closed on 

November 27, 2013. 
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III. Supplemental Proposed Rule 

Enhanced Weapons, Firearms Background Checks, and Security Event Notifications:

Supplemental Proposed Rule; 10 CFR Part 73 (RIN 3150-AI49; NRC-2011-0018)

On January 10, 2013, the NRC published a supplemental proposed rule in the Federal Register

(78 FR 2214) proposing regulations that would implement authority under Section 161A of the 

Atomic Energy Act of 1954, as amended (AEA), and revise existing regulations governing 

security event notifications. The NRC is proposing to further revise its regulations that address 

its authority under Section 161A to include as a class of designated facilities at-reactor, 

independent spent fuel storage installations. The comment period specific to the proposed rule 

closed on February 25, 2013. The comment period specific to the information collection 

burdens of this supplemental proposed rule closed on February 11, 2013. 

IV. Final Rule 

Addition of South Sudan to the Restricted Destinations List: Final Rule; 10 CFR Part 110 

(RIN 3150-AJ21; NRC-2012-0278)

On February 6, 2013, the NRC published a final rule in the Federal Register (78 FR 8360), 

effective February 6, 2013, amending its export and import regulations by adding South Sudan 

to the list of restricted destinations. The amendment was necessary to conform the NRC’s 

regulations with U.S. Government foreign policy. 

Physical Protection of Byproduct Material: Final Rule and Guidance; 10 CFR Parts 20, 

30, 32, 33, 34, 35, 36, 37, 39, 51, 71, and 73 (RIN 3150-AI12; NRC-2008-0120 (Rule) and 

NRC-2010-0194 (Guidance))

On March 19, 2013, the NRC published a final rule in the Federal Register (78 FR 16922), 

effective May 20, 2013, amending its regulations to establish security requirements for the use 

and transport of category 1 and category 2 quantities of radioactive material. Category 1 and 

category 2 thresholds are based on the quantities established by the International Atomic 

Energy Agency in its Code of Conduct on the Safety and Security of Radioactive Sources, 

which the NRC endorses. The objective of this final rule was to provide reasonable assurance 

of preventing the theft or diversion of category 1 and category 2 quantities of radioactive 

material. The rule also considered a petition for rulemaking (PRM), 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 NRC also issued an implementation guidance document associated 

with this final rule in this document. 

Physical Protection of Irradiated Reactor Fuel in Transit: Final Rule; 10 CFR Part 73 (RIN 

3150-AI64; NRC-2009-0163)

On May 20, 2013, the NRC published a final rule in the Federal Register (78 FR 29520) 

amending its security regulations for the transport of irradiated reactor fuel. This rulemaking 

established generically applicable security requirements similar to the requirements currently 

imposed by NRC Order EA-02-109, “Issuance of Order for Interim Safeguards and Security 

Compensatory Measures for the Transportation of Spent Nuclear Fuel Greater than 100 

Grams.” The rulemaking also established performance standards and objectives for the 

protection of spent nuclear fuel shipments from theft, diversion, or radiological sabotage. 

Additionally, this rulemaking addressed, in part, a 1999 petition for rulemaking (PRM) from the 

State of Nevada (PRM-73-10) that requested the NRC to strengthen the regulations governing 
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the security of spent nuclear fuel shipments against malevolent acts. The rule was effective on 

August 19, 2013. 

Distribution of Source Material to Exempt Persons and to General Licensees and 

Revision of General License and Exemptions: Final Rule; 10 CFR Parts 30, 40, 70, 170, 

and 171 (RIN 3150-AH15; NRC-2009-0084) 

On May 29, 2013, the NRC published a final rule in the Federal Register (78 FR 32310) 

amending its regulations to require that the initial distribution of source material to exempt 

persons or to general licensees be explicitly authorized by a specific license, which includes 

new reporting requirements. The rule is intended to provide the NRC with timely information on 

the types and quantities of source material distributed for use either under exemption or by 

general licensees. In addition, the rule modified the existing possession and use requirements 

of the general license for small quantities of source material to better align the requirements with 

current health and safety standards. Finally, the rule revised, clarified, or deleted certain source 

material exemptions from licensing to make the exemptions more risk informed. The rule 

affects manufacturers and distributors of certain products and materials containing source 

material and certain persons using source material under general license and under exemptions 

from licensing. The rule was effective on August 27, 2013. 

Miscellaneous Corrections: Final Rule; 10 CFR Parts 1, 2, 40, 50, 51, 52, 70, 73, and 100 

(RIN 3150-AJ23; NRC-2013-0019) 

On June 7, 2013, the NRC published a final rule in the Federal Register (78 FR 34245)

amending its regulations to make miscellaneous corrections. The changes included updating 

the name of its human capital office, correcting and adding missing cross-references, correcting 

grammatical errors, revising language for clarity and consistency, and specifying metric units. 

The rule was effective on July 8, 2013. 

Revisions to Environmental Review for Renewal of Nuclear Power Plant Operating 

Licenses: Final Rule; 10 CFR Part 51 (RIN 3150-AI42; NRC-2008-0608)

On June 20, 2013, the NRC published a final rule in the Federal Register (78 FR 37281) 

amending its environmental protection regulations by updating the Commission's 1996 findings 

on the environmental effect of renewing the operating license of a nuclear power plant. The 

final rule redefined the number and scope of the environmental impact issues that must be 

addressed by the NRC during license renewal environmental reviews. The final rule also 

incorporated lessons learned and knowledge gained from license renewal environmental 

reviews conducted by the NRC since 1996. The rule will be effective on June 20, 2014. 

In the same issue of the Federal Register, the NRC published two additional documents issuing 

(1) Revision 1 to Regulatory Guide 4.2, Supplement 1, “Preparation of Environmental Reports 

for Nuclear Power Plant License Renewal Applications” (78 FR 35746); and (2) NUREG-1437, 

“Generic Environmental Impact Statement for License Renewal of Nuclear Plants,” and 

NUREG-1555, Supplement 1, “Standard Review Plans for Environmental Reviews for Nuclear 

Power Plants, Supplement 1: Operating License Renewal” (78 FR 37325). Each guidance 

document was effective on June 20, 2013. 

List of Approved Spent Fuel Storage Casks; MAGNASTOR® System: Final Rule; 10 CFR 

Part 72 (RIN 3150-AJ22; NRC-2012-0308)

On June 25, 2013, the NRC published a final rule in the Federal Register (78 FR 37927) 

amending its spent fuel storage regulations by revising the NAC International, Inc. Modular 

Advanced Generation Nuclear All-purpose Storage (MAGNASTOR®) Cask System listing within 

the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 3 to Certificate of 
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Compliance No. 1031. For more information on Amendment No. 3, see the final rule. The final 

rule was effective on July 25, 2013. 

Revision of Fee Schedules: Fee Recovery for Fiscal Year 2013; 10 CFR Parts 170 and 171 

(RIN 3150-AJ19; NRC 2012-0211)

On July 1, 2013, the NRC published a final rule in the Federal Register (78 FR 39462) 

amending the licensing, inspection, and annual fees charged to its applicants and licensees. 

The amendments were necessary to implement the Omnibus Budget Reconciliation Act of 

1990, as amended, which requires the NRC to recover through fees approximately 90 percent 

of its budget authority in fiscal year (FY) 2013, not including amounts appropriated for Waste 

Incidental to Reprocessing and amounts appropriated for generic homeland security activities. 

Based on the Consolidated and Further Continuing Appropriations Act of 2013, signed by 

President Obama on March 26, 2013, the NRC’s required fee recovery amount for the FY 2013 

budget was $ 985.6 million. After accounting for billing adjustments, the total amount to be 

billed as fees to licensees is $859.6 million. The final rule was effective on August 30, 2013. 

Inflation Adjustments to the Price-Anderson Act Financial Protection Regulations: Final 

Rule; 10 CFR Part 140 (RIN 3150-AJ25; NRC-2013-0072)

On July 12, 2013, the NRC published a final rule in the Federal Register (78 FR 41835) 

amending its regulations to adjustment the maximum total and annual standard deferred 

premiums as specified in the Price-Anderson Act for inflation. The final rule was effective on 

September 10, 2013. 

V. Direct Final Rule 

List of Approved Spent Fuel Storage Casks: MAGNASTOR® System: 10 CFR Part 72 (RIN 

3150-AJ22; NRC-2012-0308)

On March 18, 2013, the NRC published a direct final rule in the Federal Register (78 FR 16601) 

amending its spent fuel storage cask regulations by revising the NAC International, Inc. 

MAGNASTOR® System listing within the “List of Approved Spent Fuel Storage Casks” to include 

Amendment No. 3 to Certificate of Compliance No. 1031. The companion proposed rule was 

also published on March 18, 2013 (78 FR 16619). 

List of Approved Spent Fuel Storage Casks: MAGNASTOR® System: Direct Final Rule; 

Withdrawal; 10 CFR Part 72 (RIN 3150-AJ22; NRC-2012-0308) 

On May 29, 2013, the NRC published a document in the Federal Register (78 FR 32077) 

withdrawing a direct final rule (78 FR 16601) that would have revised its spent fuel storage 

regulations to include Amendment No. 3 to Certificate of Compliance No. 1031, NAC 

International, Inc. Modular Advanced Generation Nuclear All-purpose Storage (MAGNASTOR®) 

System listing within the “List of Approved Spent Fuel Storage Casks.” The NRC took this 

action, because it received a significant adverse comment from the vendor of MAGNASTOR® in 

response to a companion proposed rule (78 FR 16619) which was concurrently published with 

the direct final rule. The withdrawal of this direct final rule was effective on May 29, 2013. 

Facility Security Clearance and Safeguarding of National Security Information and 

Restricted Data: Direct Final Rule; 10 CFR Part 95 (RIN 3150-AJ07; NRC-2011-0268)

On August 7, 2013, the NRC published a direct final rule in the Federal Register (78 FR 48037) 

updating its regulations to standardize the frequency of required security education training for 

employees of NRC licensees possessing security clearances so that such training will be 

conducted annually, consistent with the objectives of Executive Order 13526, Classified 
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National Security Information. The rule allowed licensees flexibility in determining the means 

and methods for providing training. This action established uniformity in the frequency of 

licensee security education and training programs and enhanced the protection of classified 

information. A companion proposed rule was published in the same issue of the Federal 

Register (78 FR 48076). This direct final rule was effective on October 21, 2013. 

VI. Correcting Amendment 

Technical Corrections; Correction: Final Rule; Correcting Amendment; 10 CFR Part 171 

(RIN 3150-AJ16; NRC-2012-0092)

On December 5, 2012, the NRC published a correcting amendment in the Federal Register 

(77 FR 72200) correcting a final rule that was published in the Federal Register on July 6, 2012 

(77 FR 39899), and effective on August 6, 2012. This final rule amended the NRC’s regulations 

to make technical corrections, including updating the street address for the Region I office, 

correcting authority citations and typographical and spelling errors, and making other edits and 

conforming changes. This correcting amendment was necessary to correct the statutory 

authority that was cited in one of the authority citations in the final rule. The correction was 

effective on December 5, 2012. 

List of Approved Spent Fuel Storage Casks: HI-STORM 100, Amendment No. 8: 

Corrections; Final Rule; Correcting Amendments; 10 CFR Part 72 (RIN 3150-AJ05; NRC2011-0221)

On April 16, 2013, the NRC published a correcting amendment in the Federal Register 

(78 FR 22411) correcting a direct final rule published on February 17, 2012 (77 FR 9515). The 

direct final rule amended the NRC’s spent fuel storage regulations by revising the Holtec 

International, Inc. HI-STORM 100 Cask System listing within the “List of Approved Spent Fuel 

Storage Casks” to include Amendment No. 8 to Certificate of Compliance (CoC) No. 1014. The 

direct final rule was effective on May 2, 2012 (77 FR 24585; April 25, 2012). The correcting 

amendment was to provide notification that the NRC revised the “List of Approved Spent Fuel 

Storage Casks” to include notification that Amendment No. 8 to CoC No. 1014 was corrected on 

November 16, 2012. The NRC made non-substantive corrections to the technical specifications 

and the NRC’s Safety Evaluation Report for the Holtec HI-STORM 100 Cask System. The 

correcting amendment was effective on May 16, 2013. 

Revisions to Environmental Review for Renewal of Nuclear Power Plant Operating 

Licenses: Final Rule; Correcting Amendment; 10 CFR Part 51 (RIN 3150-AI42; NRC-2008-

0608)

On July 31, 2013, the NRC published a correcting amendment in the Federal Register 

(78 FR 46255) correcting a final rule that was published in the Federal Register on June 20, 

2013 (78 FR 37281), and effective on July 22, 2013. The final rule amended the NRC's 

environmental protection regulations by updating the Commission's 1996 findings on the 

environmental effect of renewing the operating license of a nuclear power plant. Compliance 

with the provisions of the rule is required by June 20, 2014. This correcting amendment was to 

clarify and correct the revisions made to the statutory authority that was cited in the authority 

citation of the final rule. The correcting amendment was effective on July 31, 2013. 

Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013: Correcting Amendment; 

10 CFR Part 170 (RIN 3150-AJ19; NRC-2012-0211)

On September 9, 2013, the NRC published a correcting amendment in the Federal Register 

(78 FR 54959) correcting a final rule published on July 1, 2013 (78 FR 39461) that amended the 
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licensing, inspection, and annual fees charged to its applicants and licensees. The final rule 

inadvertently removed from a fee category description the word “one,” which is necessary to 

indicate the number of government-to-government consents included in this fee category. The 

correcting amendment was effective on September 9, 2013. 

VII. Petition for Rulemaking 

a. Notice of Acceptance and Docketing 

Rescinding Spent Fuel Pool Exclusion Regulations: Petition for Rulemaking; Notice of 

Receipt; 10 CFR Part 51 (PRM-51-29; NRC-2012-0215)

On December 19, 2012, the NRC published a document in the Federal Register (77 FR 75065) 

noticing receipt of a PRM submitted by the Commonwealth of Massachusetts (the petitioner) 

requesting the NRC rescind its regulations excluding consideration of spent fuel pool storage 

impacts from license renewal environmental review. The petition was filed on June 2, 2011, 

with the NRC's Atomic Safety Licensing Board (ASLB) in conjunction with a request for a waiver 

of the NRC's spent fuel pool exclusion regulations. The petitioner requested that, if the ASLB 

rejected the Commonwealth's waiver petition, the NRC initiate a rulemaking. On November 28, 

2011, the ASLB denied the Commonwealth's waiver petition, and on March 8, 2012, in a 

Commission Memorandum and Order, the PRM was referred to NRC staff. The NRC did not 

request public comment on this petition. 

Rescinding Spent Fuel Pool Exclusion Regulations: Petition for Rulemaking; Notice of 

Receipt; Supplemental Information; 10 CFR Part 51 (PRM-51-29; NRC-2012-0215)

On December 31, 2012, the NRC published a document in the Federal Register (77 FR 76952) 

providing supplemental information to a notice of receipt that appeared in the Federal Register

on December 19, 2012 (77 FR 75065). The December 19, 2013, notice of receipt informed the 

public of a PRM submitted by the Commonwealth of Massachusetts requesting that the NRC 

institute a rulemaking to rescind the regulations excluding consideration of spent fuel pool 

storage impacts from license renewal environmental reviews. This action provided the public 

with supplemental information on how to access documents referenced in the Commonwealth of 

Massachusetts’ petition. 

Spent Fuel Cask Certificate of Compliance Format and Content: Petition for Rulemaking; 

Receipt and Request for Comment; 10 CFR Part 72 (PRM-72-7; NRC-2012-0266)

On February 5, 2013, the NRC published a notice of receipt and request for comment for a 

petition for rulemaking (PRM) in the Federal Register (78 FR 8050). The PRM was filed by 

Anthony Pietrangelo (the petitioner) on behalf of the Nuclear Energy Institute on October 3, 

2012. The PRM was docketed by the NRC on October 18, 2012, and assigned Docket No. 

PRM-72-7. The petitioner requests that the NRC add a new rule that governs the format and 

content of spent fuel storage cask Certificates of Compliance (CoCs), extend the backfit rule to 

CoCs, and make other improvements. The public comment period closed on April 22, 2013. 

Personnel Access Authorization Requirements for Nuclear Power Plants: Petition for 

Rulemaking; Notice of Receipt and Request for Comments; 10 CFR Part 73 (PRM-73-16; 

NRC-2013-0024)

On April 22, 2013, the NRC published a notice of receipt and request for comment for a PRM in 

the Federal Register (78 FR 23684). The PRM was filed by Ellen C. Ginsberg on behalf of the 

Nuclear Energy Institute (the petitioner) on January 25, 2013. The PRM was docketed by the 

NRC on February 4, 2013, and assigned Docket No. PRM-73-16. The petitioner requests that 
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the NRC amend its regulations to limit the scope of third-party review of licensee decisions 

denying or revoking an employee’s unescorted access at their facility. The petitioner seeks to 

ensure that such decisions cannot be overturned by any third party. The petitioner also 

requests an expedited review of this petition based on pending arbitration cases that will be 

affected by NRC action on this petition. The NRC determined that the petition should be 

expedited due to the aforementioned pending arbitration cases, and therefore limited the public 

comment period to 45 days. The public comment period closed on June 6, 2013. 

Submitting Complete and Accurate Information: Petition for Rulemaking; Notice of 

Acceptance, Docketing, and Request for Comments; 10 CFR Part 50 (PRM-50-107; NRC2013-0077) 

On June 10, 2013, the NRC published a notice of acceptance, docketing, and request for 

comment for a PRM in the Federal Register (78 FR 34604). The PRM was filed by Mr. James 

Lieberman (the petitioner) on April 15, 2013. The petitioner requests that the NRC expand its 

“regulatory framework to make it a legal obligation for those non-licensees who seek NRC 

regulatory approvals be held to the same legal standards for the submittal of complete and 

accurate information as would a licensee or an applicant for a license.” The public comment 

period closed on August 26, 2013. 

CampCo Petition to Allow Commercial Distribution of Tritium Markers: Petition for 

Rulemaking; Notice of Receipt and Request for Comment; 10 CFR Part 32 (PRM-32-8; 

NRC-2013-0078)

On July 11, 2013, the NRC published a notice of receipt and request for comment for a PRM in 

the Federal Register (78 FR 41720). The PRM was filed by CampCo (the petitioner) on 

December 2, 2011, and supplemented on September 18, 2012. The PRM was assigned Docket 

No. PRM-32-8. The petitioner requests that the NRC amend its regulations to allow the 

commercial distribution of tritium markers for use under exemption from licensing requirements. 

The public comment period closed on September 24, 2013. 

b. Consideration in the Rulemaking Process 

Long-Term Cooling and Unattended Water Makeup of Spent Fuel Pools: Petition for 

Rulemaking; Consideration in the Rulemaking Process; 10 CFR Part 50 (PRM-50-96; 

NRC-2011-0069)

On December 18, 2012, the NRC published a document in the Federal Register (77 FR 74788) 

stating that the NRC will consider the issues raised in a PRM submitted by Thomas Popik (the 

petitioner) on behalf of the Foundation for Resilient Societies in the NRC’s rulemaking process. 

The petitioner requested that the NRC amend its regulations to require facilities licensed by the 

NRC to assure long-term cooling and unattended water makeup of spent fuel pools. The NRC 

determined that its current regulations do not require power reactor licensees to undertake 

mitigating efforts for prolonged grid failure scenarios that could be caused by geomagneticallyinduced current resulting from an extreme solar storm. The NRC will review and analyze the 

underlying technical and policy issues relevant to the PRM through a phased rulemaking 

process. If this review results in the development of a regulatory basis sufficient for a proposed 

rule, then a proposed rule will be prepared for publication and public comment. If a regulatory 

basis sufficient for a proposed rule is not feasible, then a supplemental notice explaining this 

result will be published. The docket for PRM-50-96 was closed on December 18, 2012. 

 
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Additional Synthetic Drug Testing: Petition for Rulemaking Submitted by Mr. Thomas 

King; Consideration in the Rulemaking Process; 10 CFR Part 26 (PRM-26-8; NRC-2012-

0290)

On April 15, 2013, the NRC published a document in the Federal Register (78 FR 22209) 

informing the public that the NRC will consider the issues raised in PRM-26-8, submitted by 

Mr. Thomas King (the petitioner), in the rulemaking process. The petitioner requested that the 

NRC amend its Fitness for Duty program regulations to amend drug testing requirements to test 

for additional synthetic drugs currently not included in the regulations. The NRC determined 

that the issues raised in the PRM are appropriate for consideration and will consider them in the 

ongoing part 26 of Title 10 of the Code of Federal Regulations, Drug and Alcohol Testing; 

Technical Issues and Editorial Changes rulemaking (RIN 3150-AJ15; Docket ID NRC-2012-

0079). The docket for PRM-26-8 was closed on April 15, 2013. 

Petition for Rulemaking Submitted by the Natural Resources Defense Council, Inc.: 

Consideration in the Rulemaking Process; 10 CFR Part 50 (PRM-50-100; NRC-2011-0189)

On July 23, 2013, the NRC published a document in the Federal Register (78 FR 44034) that 

informed the public that it will consider the issues raised in a PRM submitted by the Natural 

Resources Defense Council (the petitioner) in the NRC’s rulemaking process. The petitioner 

requested that the NRC amend its regulations to require each operating and new reactor 

licensee to improve spent nuclear fuel safety. The NRC determined that the issues raised in the 

PRM are appropriate for consideration and will consider them in the ongoing “Station Blackout 

Mitigation Strategies” rulemaking (RIN 3150-AJ08; NRC-2011-0299). The docket for PRM-50-

100 was closed on July 23, 2013. 

c. Partial Consideration in the Rulemaking Process 

Petition for Rulemaking Submitted by C-10 Research and Education Foundation, Inc.:

Petition for Rulemaking; Partial Consideration in the Rulemaking Process; 10 CFR Part 

72 (PRM-72-6; NRC-2008-0649)

On October 16, 2012, the NRC published a document in the Federal Register (77 FR 63254) 

that informed the public that it will partially consider the issues raised in a PRM. The PRM, 

dated November 24, 2008, was filed by Sandra Gavutis, Executive Director for C-10 Research 

and Education Foundation, Inc. (the petitioner). The PRM was docketed by the NRC and 

assigned Docket No. PRM-72-6. The petitioner requested that the NRC amend its regulations 

concerning dry cask safety, security, transferability, and longevity. The petitioner made 12 

requests. The NRC is denying nine of the petitioner’s requests, but will consider one request in 

the rulemaking process. Action on two requests is being reserved for future rulemaking 

determinations, as these requests are currently under consideration by the NRC. The NRC will 

publish another Federal Register notice to inform the public of the Commission’s decision for 

these two requests. The docket for this PRM will remain open until action is taken on the two 

remaining requests. 

d. Denial 

Installation of Radiation Alarms for Rooms Housing Neutron Sources: Petition for 

Rulemaking; Denial; 10 CFR Part 73 (PRM-73-15; NRC-2011-0251)

On April 11, 2013, the NRC published a denial of a PRM in the Federal Register (78 FR 21567) 

submitted by George Hamawy (the petitioner). The petitioner requested that the NRC amend its 

regulations to require the installation of radiation alarms for rooms housing neutron sources. 

The NRC received four comments, which all opposed the petition. The NRC determined that 

(1) no new information was provided by the petitioner that calls into question the established 
11 

thresholds (category 2) that warrant additional security measures or the performance based 

approach (non-prescriptive) for ensuring source security, and (2) the existing NRC regulations 

provide the basis for reasonable assurance that the common defense and security and public 

health and safety are adequately protected. The docket for PRM-73-15 was closed on April 11, 

2013. 

Nuclear Proliferation Assessment in Licensing Process for Enrichment or Reprocessing 

Facilities: Petition for Rulemaking; Denial; 10 CFR Part 70 (PRM-70-9; NRC-2010-0372)

On June 6, 2013, the NRC published a denial of a PRM in the Federal Register (78 FR 33995) 

submitted by the American Physical Society (APS or the petitioner). The petitioner requested 

that the NRC amend its regulations to require that each applicant for an enrichment or 

reprocessing facility license include an assessment of the proliferation risks that construction 

and operation of the proposed facility might pose. The NRC disagreed that an applicant 

seeking an ENR facility license should be required to conduct a nuclear proliferation 

assessment. The petitioner did not show that the NRC’s comprehensive licensing framework 

fails to adequately address proliferation risks associated with the licensing of an ENR facility. 

Additionally, the petitioner did not show that ENR applicants have a particular insight on 

proliferation issues or have access to the intelligence resources, capabilities and information 

that would enable them to prepare a meaningful proliferation assessment that would assist the 

NRC in making an informed licensing decision. The docket for PRM-70-9 was closed on 

June 6, 2013. 

In-Core Thermocouples at Different Elevations and Radial Positions in Reactor Core: 

Petition for Rulemaking; Denial; 10 CFR Parts 50 and 52 (PRM-50-105; NRC-2012-0056)

On September 12, 2013, the NRC published a denial of a PRM in the Federal Register 

(78 FR 56174) submitted by Mark Leyse (the petitioner). The petitioner requested that the NRC 

require all holders of operating licenses for nuclear power plants (NPPs) to operate NPPs with 

in-core thermocouples at different elevations and radial positions throughout the reactor core to 

enable the operators to accurately measure a large range of in-core temperatures in NPP 

steady-state and transient conditions. The NRC has denied the PRM because: there are no 

protection or plant control functions that utilize inputs from core exit thermocouples (CETs); 

there is no operational necessity for more accurate measurement of temperatures throughout 

the core; the petition provided inadequate justification of why precise knowledge of core 

temperature at various elevations and radial positions would enhance safety or change operator 

action; and the NRC believes that, despite the known limitations of CETs, CETs are sufficient to 

allow NPP operators to take timely and effective action in the event of an accident. The docket 

for PRM-50-105 was closed on September 12, 2013. 

Compatibility of Generally Licensed and Exempt Devices: Petition for Rulemaking; 

Denial; 10 CFR Part 32 (PRM-32-7; NRC-2012-0127) 

On September 16, 2013, the NRC published a denial of a PRM in the Federal Register 

(78 FR 56839) submitted by Mr. Sean Chapel (the petitioner) on behalf of the Association of 

Devise Distributors and Manufacturers. The petitioner requested that the NRC create a new 

regulation for exempt devises similar to the NRC’s regulations for generally licensed devices. 

The petitioner also requested that the NRC change the Agreement State compatibility 

designation of the regulations applicable to generally licensed devices that are specified in § 

31.6 of Title 10 of the Code of Federal Regulations from “C” to “B.” The NRC denied the PRM 

because the petitioner failed to present any significant new information or arguments that would 

support the requested changes, nor did the petitioner demonstrate a need for a new provision 

for exempt devises. The docket for PRM-32-7 was closed on September 16, 2013. 
12 

e. Withdrawal by Petitioner 

None. 

VIII. Preliminary and Draft Rule Language1

Low-Level Waste Disposal: Regulatory Basis and Preliminary Rule Language; Second 

Request for Comment; 10 CFR Part 61 (RIN 3150-AI92; NRC-2011-0012)

On December 7, 2012, the NRC published a document in the Federal Register (77 FR 72997) 

requesting comment on the preliminary rule language for a rulemaking that would amend the 

regulations that govern low-level radioactive waste (LLRW) disposal facilities to require new and 

revised site-specific analyses and to permit the development of criteria for waste acceptance 

based on the results of these analyses. These amendments would ensure safe disposal of 

LLRW and increase the use of site-specific information to protect public health and safety. Also 

in this document, the NRC noted availability of a revised regulatory basis to support this 

rulemaking. The public comment period on the preliminary rule language closed on January 7, 

2013. 

IX. Draft and Final Regulatory Basis 

Non-Power Reactor License Renewal: Final Regulatory Basis; Availability of Rulemaking 

Documents; 10 CFR Part 50 (RIN 3150-AI96; NRC-2011-0087)

On October 2, 2012, the NRC published a document in the Federal Register (77 FR 60039) 

making available the final regulatory basis for a rulemaking to streamline non-power reactor 

license renewal. The final regulatory basis incorporates input from the public, licensees, 

certificate holders, and other stakeholders provided during a public comment period that ended 

July 31, 2012. This regulatory basis supports proceeding with rulemaking to streamline and 

enhance the Research and Test Reactor License Renewal Process. This contemplated 

rulemaking also recommends conforming changes to address technical issues in existing nonpower reactor regulations. The final regulatory basis for this proposed rulemaking describes the 

agency’s overall objectives, conceptual approaches, potential solutions, integration with agency 

strategic goals, and related technical and regulatory clarity issues.

Low-Level Waste Disposal: Regulatory Basis and Preliminary Rule Language; Second 

Request for Comment; 10 CFR Part 61 (RIN 3150-AI92; NRC-2011-0012)

See entry for action in Section VIII. 

Onsite Emergency Response Capabilities: Draft Regulatory Basis; 10 CFR Parts 50 and 

52 (RIN 3150-AJ11; NRC-2012-0031)

 

1 Preliminary Rule Language means rule language which is not part of an official recommendation to the 

NRC decisionmaker with rulemaking authority that the NRC issue a proposed or final rule...Preliminary 

rule language is developed by working level staff but does not constitute the NRC’s official rulemaking 

proposal, even though it may be made available to the public. 

 Draft Rule Language means rule language that is part of a recommendation to the NRC rulemaking 

decisionmaker that the NRC issue a proposed or final rule. 

Source: Management Directive 6.3, 2013
13 

On January 8, 2013, the NRC published a document in the Federal Register (78 FR 1154) 

issuing for public comment a draft regulatory basis to support the potential amendment of its 

regulations concerning nuclear power plant licensees' onsite emergency response capabilities. 

The issuance of this draft regulatory basis document is one of the actions stemming from the 

NRC’s lessons-learned efforts associated with the March 2011 Fukushima Dai-ichi Nuclear 

Power Plant in Japan. The public comment period closed on February 22, 2013. 

Low-Level Waste Disposal: Regulatory Basis and Preliminary Rule Language; Second 

Request for Comment; Correction; 10 CFR Part 61 (RIN 3150-AI92; NRC-2011-0012) 

On January 8, 2013, the NRC published a document in the Federal Register (78 FR 1155) 

correcting a document published on December 7, 2012, entitled, “Low-Level Waste Disposal” 

that announced the availability of a regulatory basis document and requested comment on 

preliminary rule language. This action was necessary to correct the title and number used to 

access the regulatory basis document in ADAMS. 

Station Blackout Mitigation Strategies: Draft Regulatory Basis and Draft Rule Concepts; 

Request for Comment; 10 CFR Parts 50 and 52 (RIN 3150-AJ08; NRC-2011-0299) 

On April 10, 2013, the NRC published a draft regulatory basis document in the Federal Register

(78 FR 21275), to support the potential amendment of its regulations concerning nuclear power 

plant licensees’ station blackout mitigation strategies. The issuance of the document is one of 

the actions stemming from the NRC’s lessons-learned efforts associated with the March 2011 

Fukushima Dai-ichi nuclear power plant accident in Japan. The comment period closed on May 

28, 2013. 

Revisions to Fitness for Duty Programs’ Drug Testing Requirements: Regulatory Basis; 

10 CFR Part 26 (RIN 3150-AI67; NRC-2009-0225)

On July 1, 2013, the NRC published a document in the Federal Register (78 FR 39190) making 

available a regulatory basis for the ongoing proposed rulemaking effort to amend its regulations 

regarding drug testing requirements in NRC licensees’ fitness for duty programs. In this 

regulatory basis the NRC recommends the development of a proposed rule to enhance the 

ability of NRC licensees to detect and deter drug use and the alignment of the NRC’s 

regulations with select drug testing provisions in the U.S. Department of Health and Human 

Services’ “Mandatory Guidelines for Federal Workplace Drug Testing Programs,” issued in 

2008. The NRC did not solicit public comment on the materials identified in the regulatory 

basis. 

Station Blackout Mitigation Strategies: Regulatory Basis for Rulemaking; 10 CFR Parts 

50 and 52 (RIN 3150-AJ08; NRC-2011-0299)

On July 23, 2013, the NRC published a document in the Federal Register (78 FR 44035) issuing 

a regulatory basis to support the potential amendment of its regulations concerning nuclear 

power plant licensees’ and applicants’ station blackout mitigation strategies. The issuance of 

the regulatory basis document is one of the actions stemming from the NRC’s lessons-learned 

efforts associated with the March 2011 Fukushima Dai-ichi Nuclear Power Plant accident in 

Japan. The NRC did not solicit public comments on the regulatory basis.

X. Draft and Final Guidance Documents 

Shielding and Radiation Protection Review Effort and Licensing Conditions for Dry 

Storage Applications: Draft Interim Staff Guidance; Request For Public Comment;

10 CFR Part 72 (NRC-2013-0051)
14 

On March 29, 2013, the NRC published a notice in the Federal Register (78 FR 19148) 

requesting comments on Draft Spent Fuel Storage and Transportation Interim Staff Guidance 

No. 26A (SFST-ISG-26A), Revision 0, “Shielding and Radiation Protection Review Effort and 

Licensing Conditions for 10 CFR [Title 10 of the Code of Federal Regulations] Part 72 

Applications.” Draft SFST-ISG-26A provides guidance to NRC staff when reviewing the 

shielding and radiation protection portions of applications for certificates of compliance, specific 

licenses, and amendments submitted in accordance with 10 CFR Part 72. The public comment 

period closed on May 13, 2013. 

Revisions to Transportation Safety Requirements and Harmonization With International 

Atomic Energy Agency Transportation Requirements; Establishing Quality Assurance 

Programs for Packaging Used in Transport of Radioactive Material: Proposed Rule;

10 CFR Part 71 (RIN 3150-AI11; NRC-2008-0198; NRC-2013-0082)

See the entry for the associated proposed rule. 

Approval of American Society of Mechanical Engineers’ Code Cases: Proposed Rule; 10 

CFR Part 50 (RIN 3150-AI72; NRC-2009-0359)

See the entry for the associated proposed rule. 

Waste Confidence—Continued Storage of Spent Nuclear Fuel: Proposed Rule and Draft 

Generic Environmental Impact Statement; 10 CFR Part 51 (RIN 3150-AJ20; NRC-2012-

0246)

See the entry for the associated proposed rule. 

Decommissioning Planning During Operations: Regulatory Guide Issuance; 10 CFR 

Parts 20, 30, 40, 50, 70, and 72 (RIN 3150-AI55; NRC-2011-0286)

On January 4, 2013, the NRC published a document in the Federal Register (78 FR 663) 

issuing a new regulatory guide (RG) 4.22, “Decommissioning Planning during Operations.” The 

guide describes a method that the NRC staff considers acceptable for use by holders of 

licenses when complying with the NRC's Decommissioning Planning Rule (DPR) (76 FR 35512; 

June 17, 2011). The DPR went into effect on December 17, 2012, and is intended to minimize 

the likelihood of new “legacy sites,” which are NRC-licensed facilities with insufficient resources 

to complete decommissioning activities and termination of a license at the end of operations. 

Physical Protection of Byproduct Material; Final Rule and Guidance: 10 CFR Parts 20, 

30, 32, 33, 34, 35, 36, 37, 39, 51, 71, and 73 (RIN 3150-AI12; NRC-2008-0120 (Rule) and 

NRC-2010-0194 (Guidance))

See the entry for the associated final rule. 

Physical Protection of Shipments of Irradiated Reactor Fuel: NUREG; Issuance; 10 CFR 

Part 73 (RIN 3150-AI64; NRC-2010-0340; NRC-2009-0163)

On May 28, 2013, the NRC published Revision 2 of NUREG-0561, “Physical Protection of 

Shipments of Irradiated Reactor Fuel,” in the Federal Register (78 FR 31821). The revised 

NUREG sets forth means, methods, and procedures that the NRC staff considers acceptable for 

satisfying the requirements for the physical protection of spent nuclear fuel (SNF) during 

transportation by road, rail, and water; and for satisfying the requirements for background 

investigations of individuals granted unescorted access to SNF during transportation. The 

NUREG is related to a final rule published in the Federal Register on May 20, 2013 

(78 FR 29519). 
15 

Distribution of Source Material to Exempt Persons and to General Licensees and 

Revision of General License and Exemptions: NUREG; Issuance; 10 CFR Parts 

30,40,70,170, and 171 (RIN 3150-AH15; NRC-2011-0003)

On June 5, 2013, the NRC published interim staff guidance for implementation of the final rule, 

Distribution of Source Material to Exempt Persons and to General Licensees and Revision of 

General License and Exemptions in the Federal Register (78 FR 33691). The Distribution of 

Source Material Rule amended the NRC’s regulations to require that the initial distribution of 

source material to exempt persons or to general licensees be explicitly authorized by a specific 

license. The Distribution of Source Material Rule also modified the existing possession and use 

requirements of the general license for smaller quantities of source material and revised, 

clarified, or deleted certain source material exemptions from licensing. The interim staff 

guidance became effective on August 27, 2013. 

XI. Policy Statements 

NRC Enforcement Policy: Policy Revision; Issuance and Request for Comments (NRC2013-0014)

On January 28, 2013, the NRC published a notice in the Federal Register (78 FR 5838) issuing 

a revision to its Enforcement Policy that incorporated changes made by the Commission, made 

other changes proposed and evaluated by the staff, and made other minor edits. The revision 

was effective on January 28, 2013. The notice also requested comments on the Enforcement 

Policy revision; NRC staff will consider any submitted comments before the next Enforcement 

Policy revision. The public comment period closed on February 27, 2013. 

Interim Enforcement Policy for Permanent Implant Brachytherapy Medical Event 

Reporting: Policy Statement; Revision (NRC-2013-0114)

On July 9, 2013, the NRC published a notice in the Federal Register (78 FR 41125) issuing an 

interim Enforcement Policy that allows the staff to exercise enforcement discretion for certain 

violations of regulations for reporting medical events occurring under an NRC licensee’s 

permanent implant brachytherapy program. This interim policy affects NRC licensees that are 

authorized to perform permanent implant brachytherapy. This policy revision was effective on 

July 9, 2013. 

XII. Memorandum of Understanding 

Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and 

the Bureau of Land Management: Notice of Availability (NRC-2013-0061)

On April 1, 2013, the NRC published a Memorandum of Understanding (MOU) in the Federal 

Register (78 FR 19540) entered into by the NRC and the Bureau of Land Management (BLM) of 

the U.S. Department of the Interior on February 12, 2013. The MOU sets forth the cooperative 

working relationship between the NRC and the BLM, primarily for the purpose of enhancing 

each agency's compliance with the National Environmental Policy Act and Section 106 of the 

National Historic Preservation Act. 
16 

XIII. Other Rulemaking-Related Publications 

Retrospective Review Under Executive Order 13579: Plan for Retrospective Analysis of 

Existing Rules; Request for Comment; 10 CFR Chapter 1 (NRC-2011-0246)

On November 23, 2012, the NRC published a document in the Federal Register (77 FR 70123) 

making available its draft Plan for the retrospective analysis of its existing regulations. The draft 

Plan describes the processes and activities that the NRC uses to determine whether any of its 

regulations should be modified, streamlined, expanded, or repealed. This action is part of the 

NRC’s voluntary implementation of Executive Order 13579, “Regulation and Independent 

Regulatory Agencies,” issued by the President on July 11, 2011. The NRC requested public 

comment on the draft Plan. The public comment period closed on February 6, 2013. 

Unified Agenda of Federal Regulatory and Deregulatory Actions: Semiannual Regulatory 

Agenda; 10 CFR Ch. 1 

On January 8, 2013, the NRC published the Semiannual Regulatory Agenda (the Agenda) in 

the Federal Register (78 FR 1704) in accordance with PL 96-354, “The Regulatory Flexibility 

Act,” and Executive Order 12866, “Regulatory Planning and Review.” The Agenda is a 

compilation of all rules on which the NRC has recently completed action or has proposed or is 

considering action. This issuance updated any action occurring on rules since publication of the 

last semiannual agenda on February 13, 2012 (77 FR 8078). 

Retrievability, Cladding Integrity and Safe Handling of Spent Fuel at an Independent 

Spent Fuel Storage Installation and During Transportation: Request for Comments for 

Potential Rulemaking; 10 CFR Parts 71 and 72 (NRC-2013-0004) 

On January 17, 2013, the NRC published a document in the Federal Register (78 FR 3853) 

requesting comments on integration of storage and transport regulations. Currently, the 

regulations for packaging and transport of spent fuel are separate from requirements for storage 

of spent nuclear fuel. Because of this separation, there is no requirement that loaded storage 

casks also meet transportation requirements. The integration of the regulations could enable a 

more predictable transition from storage to transport by potentially minimizing future handling 

and uncertainty regarding transport. 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 this 

evaluation, the NRC requested public comments. The public comment period closed on March 

18, 2013. 

Advance Notification to Native American Tribes of Transportation of Certain Shipments 

of Nuclear Waste: Final Rule; Implementation; 10 CFR Parts 71 and 73 (RIN 3150-AG41; 

NRC-1999-0005)

On June 14, 2013, the NRC published in the final rule category in the Federal Register (78 FR 

35746) a document providing a link on the NRC's public Web site to a list of Tribal contacts and 

an interactive map of Tribal boundaries of participating Federally-recognized Tribes. NRC 

licensees are currently required to provide advance notice to participating Federally-recognized 

Tribal governments regarding shipments of irradiated reactor fuel and certain nuclear wastes 

that pass within or across their reservations. Agreement State licensees will be required to 

provide advance notifications for certain shipments of radioactive material at the time the 

applicable Agreement State implements its requirements. The list will be published annually in 

the Federal Register. The rule was effective on June 14, 2013. 
17 

Physical Protection of Irradiated Reactor Fuel in Transit: Orders; Rescission; 10 CFR 

Part 73 (RIN 3150-AI64; NRC-2009-0163)

On August 19, 2013, the NRC published a document in the Federal Register (78 FR 50313) 

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 were 

rescinded because the NRC published a final rule, “Physical Protection of Irradiated Fuel in 

Transit,” on May 20, 2013 (78 FR 29520), amending its regulations to incorporate the security 

requirements in the SNF Transportation Orders and lessons learned from implementation of the 

SNF Transportation Orders. This rescission was effective on August 19, 2013.