LIBRARY DONATION

Thanks to a partnership between the U.S. 

Nuclear Regulatory Commission (NRC) 

and Duke University, the agency’s technical 

library has a new lasting knowledge 

management tool that will help future 

generations of employees in understanding 

of the National Environmental Policy Act 

(NEPA). 

As part of its mission, the NRC performs 

environmental reviews to satisfy NEPA 

requirements across a spectrum of 

regulatory activities. Co sponsored by 

the Council on Environmental Quality, the 

2008 environmental leadership program 

offered the NRC first rate training with access to outstanding talent in the 

environmental field. Through the Duke Environmental Leadership Program, 

NRC staff across the agency (not just those in environmental positions) took 

part in graduate-level courses and were provided the opportunity to pursue 

graduate-level professional certification in the implementation of NEPA.

The agency developed a compendium containing capstone papers written by 

those NRC staff members who succeeded in completing the entire program 

and obtaining a professional certificate in the implementation of NEPA. On 

April 6th, NRC staff donated the compendium titled “Environmental Analysis 

and Decision Making: The National Environmental Policy Act (NEPA) at the 

NRC,” to the technical library, located in TWFN-2B09. The record information 

is KF3775.29E59 2015, and the book can also be accessed electronically through 

the Agencywide Documents Access and Management System (ADAMS) at 

Accession No. ML16103A342. 

Thank you and congratulations to all of the agency’s staff members who took 

the time to attend classes over a the 5 year time period and contributed to this 

effort.

(Contact: Zahira Cruz, NMSS, 301–415–3808 or Zahira.Cruz@nrc.gov)

SUMMER 2016

NUREG/BR–0117

NO. 16-03

LIBRARY DONATION

PAGE 1

ANNUAL MEETING

PAGE 2

PHYSICAL 

PROTECTION 

RETROSPECTIVE 

REVIEW

PAGE 2

SIGNIFICANT 

ENFORCEMENT 

ACTIONS 

PAGE 3

GENERIC 

COMMUNICATIONS 

ISSUED 

PAGE 4

SELECTED FEDERAL 

REGISTER NOTICES

PAGE 5

ONGOING 

RULEMAKINGS

PAGE 6

TO OUR READERS

PAGE 9

OFFICE OF NUCLEAR MATERIAL 

SAFETY AND SAFEGUARDS
SUMMER 2016

2

ANNUAL MEETING 

On April 25–28, 2016, the Office of Nuclear Material Safety and Safeguards 

(NMSS) hosted the 12th annual Application of Safeguards to Geological 

Repositories (ASTOR) meeting on behalf of the International Atomic Energy 

Agency (IAEA) in Rockville, MD. The 3-day meeting focused on the contents 

of a 10 year report, which technical experts will use at IAEA’s Department 

of Safeguards. The report will assist in implementing a repository safeguards 

approach at a specific site. It will include verification technologies, containment 

and surveillance options, geophysical techniques, design information verifications, 

methods of data management, and legal framework.

The ASTOR meeting attendees represented 14 Member States (countries), as well as IAEA and 

the European Commission. Each Member State presented information on its national nuclear 

waste policy and status of current nuclear waste disposal plans. Finland is leading the way 

in this area, with plans to begin construction on the first underground geological repository 

before November 2017. Sweden follows, with an active project underway, estimated to begin 

construction in 2020. Other Member States are still in the process of site selection and 

engaging the public.

Presenters representing the United States included those from the NRC’s Yucca Mountain 

Directorate and the U.S. Department of Energy’s (DOE’s) Office of Nuclear Energy. The topic 

was a discussion of the “consent-based siting approach,” a methodology that includes input 

from local communities, State and local governments, and Tribes. DOE representatives are 

currently engaging members of the public across the country through several public meetings 

on long term spent fuel management.

ASTOR attendees concluded by deciding to meet annually for each of the next 5 years. The 

annual meetings will continue to address new developments in geological repositories as they arise.

(Contact: Soly Soto, NMSS, 301–415–7528 or Soly.Soto@nrc.gov)

PHYSICAL PROTECTION 

RETROSPECTIVE REVIEW 

On March 19, 2013, the NRC published a final rule that provided reasonable assurance of 

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

material, and included security requirements for the transportation of irradiated reactor fuel that 

weighs 100 grams or less in net weight of irradiated fuel. In December 2014, the Committees 

on Appropriations of the U.S. House of Representatives and the Senate directed the NRC 

to evaluate the effectiveness of the new regulations and determine if the requirements were 

adequate to protect “high-risk radiological material.” In response to this mandate, the NRC is 

working to complete a retrospective program review of the new requirements and associated 

implementation. As part of this review, the staff is considering more than 200 observations and 

recommendations that were identified by the NRC staff’s assessment activities; results from an 

independent assessment of separate aspects of 10 CFR Part 37 by three consultants appointed by 

the NMSS Director; and stakeholder feedback received in response to a Federal Register Notice 

(81 FR 13263), four webinars, and a public meeting. The results of the retrospective program 

review will be used to develop a report to Congress on the effectives of the rule to protect 

Category 1 and Category 2 radioactive material.

(Contact: George Smith, NMSS, 301–415–7201 or George.Smith@nrc.gov)
SUMMER 2016

3

SIGNIFICANT ENFORCEMENT ACTIONS

The NRC issued significant actions for failure to comply with a regulation.

Materials Testing Consultants, Inc. (EA-15-221)

On February 19, 2016, the NRC issued a Notice of Violation to Materials Testing Consultants, 

Inc., for a Severity Level III violation. The violation involved the failure to use a minimum of 

two independent physical controls that form tangible barriers to secure portable gauges from 

unauthorized removal when the portable gauges were not under the control and constant 

surveillance of the licensee, as required by Title 10 of the Code of Federal Regulations (10 CFR) 

30.34(i), “Terms and Conditions of Licenses.” Specifically, on August 5, 2015, the licensee stored 

portable gauges with only a single physical barrier during business hours, and the gauges were not 

under the control and constant surveillance of the licensee.

Whitworth–Muench, Inc. (EA-15-190) 

On February 2, 2016, the NRC issued a Notice of Violation to Whitworth–Muench, Inc., 

for a Severity Level III violation. The violation involved the failure to use a minimum of two 

independent physical controls that form tangible barriers to secure portable gauges from 

unauthorized removal when the portable gauges were not under the control and constant 

surveillance of the licensee, as required by 10 CFR 30.34(i). Specifically, from approximately 

July 18 to August 18, 2015, a locked pantry door provided the single physical barrier against 

unauthorized removal of the licensee’s portable gauges.

Ferrovial Agroman, S.A. (EA-15-205) 

On February 1, 2016, the NRC issued a Notice of Violation to Ferrovial Agroman, S.A, for a 

Severity Level III violation. The violation involved a failure to control and maintain constant 

surveillance or failure to use two independent physical controls that form tangible barriers to secure 

a portable gauge from unauthorized removal, as required by 10 CFR 20.1802, “Control of Material 

Not in Storage,” and 10 CFR 30.34(i). Specifically, on April 28, 2015, a gauge containing licensed 

material was left unattended and uncontrolled in the back of a pickup truck at a temporary jobsite 

and was secured to the truck with two independent controls. However, the keys to both the 

vehicle and the gauge locks were left in the unlocked truck, which was stolen from the jobsite.

Megan, LLC (EA-15-184) 

On January 25, 2016, the NRC issued a Notice of Violation and Proposed Imposition of Civil 

Penalty in the amount of $3,500 to Megan, LLC, for a Severity Level III violation. The violation 

involved a failure to use two independent controls to secure portable gauges from unauthorized 

removal whenever the gauges were not under licensee control or constant surveillance, as 

required by 10 CFR 30.34(i). Specifically, on August 12, 2015, Megan, LLC, kept the gauge in 

a locked trunk of the car with the locked transportation case secured to the vehicle and the 

vehicle was unlocked, allowing access to a mechanism that could be used to open the trunk of 

the vehicle. The gauge user was in a trailer at the temporary jobsite and was not keeping the 

gauge under control and constant surveillance.

Information about the NRC’s enforcement program can be accessed at http://www.nrc.gov/

about-nrc/regulatory/enforcement/current.html. Documents related to cases can be accessed 

through ADAMS at http://www.nrc.gov/reading-rm/adams.html. Help in using ADAMS is available 

by contacting the NRC Public Document Room staff at 301-415-4737 or 1-800-397-4209 or by 

sending an e mail to PDR.Resource@nrc.gov.

(Contact: Michele Burgess, NMSS, 301–415–5868 or Michele.Burgess@nrc.gov)
SUMMER 2016

4

GENERIC COMMUNICATIONS ISSUED 

The following summarize NRC generic communications issued by NMSS. If any of these 

documents appear relevant to your needs and you have not received a copy, please call 

one of the technical contacts listed below. The Web address for the NRC library of generic 

communications is http://www.nrc.gov/reading-rm/doc-collections/gen-comm. 

INFORMATION NOTICE

The NRC information notice (IN) provides significant, recently identified information about 

safety, safeguards, and environmental issues. Addressees are expected to review the information 

for applicability to their facilities and consider actions, as appropriate, to avoid similar problemse.

IN-16-03: Revision to the National Institute of Standards and 

Technology Standard for Radium-223 and Impact on Dose 

Calibration for the Medical Use of Radium-223 Dichloride 

On January 12, 2016, the NRC issued IN-16-03 to all NRC medical licensees, NRC Master 

Materials Licensees, Agreement State Radiation Control Program Directors, and State Liaison 

Officers. The IN alerts addressees that the National Institute of Standards and Technology 

revised its primary standard for radium-223 (Ra-223), and the IN conveys the impact this 

revision will have on the calibration of patient doses of Ra-223 dichloride (trade name Xofigo®). 

Recipients should review the information contained in this notice for applicability to their facilities 

and consider taking appropriate action, if necessary.

(Contact: Michael Fuller, NMSS, 301–415–0520 or Michael.Fuller@nrc.gov).

REGULATORY ISSUE SUMMARIES

The NRC regulatory issue summary (RIS) is an informational document used to communicate 

with the nuclear industry on a broad spectrum of matters. 

On April 29, 2016, the NRC issued RIS-16-05, “Embedded Digital Devices in Safety Related 

Systems” (ADAMS Accession No. ML15118A015). The agency issued the RIS to clarify the 

NRC’s technical position on existing regulatory requirements for the quality and reliability of 

safety-related equipment with embedded digital devices (EDDs). This RIS requires no specific 

action or written response on the part of an addressee. The NRC’s intent in issuing this RIS is to 

heighten awareness that EDDs might exist in procured equipment used in safety related systems 

without the devices having been explicitly identified in procurement documentation. Inadequate 

consideration of these devices in digital technology system upgrades, component replacements, 

and new equipment applications could lead to an adverse safety consequence. Therefore, 

addressees should implement early efforts to identify these devices. The scope of this RIS is 

limited to equipment, including instrumentation and controls, in safety related systems.

On May 9, 2016, the NRC issued RIS-16-06, “NRC Regulation of Radium-226 under Military 

Control and for Coordination on Cercla Response Actions at DoD Sites with Radioactive 

Materials” (ADAMS Accession No. ML15167A323). The agency issued the RIS for three 

purposes. First, this RIS clarifies which discrete sources of radium-226 (Ra-226) under military 

control are subject to NRC regulation as byproduct material under the Atomic Energy Act of 

1954, as amended (AEA). This RIS clarifies the discussion of the NRC’s jurisdiction over 

Ra-226 under military control in the NRC final rule “Requirements for Expanded Definition 
SUMMER 2016

5

of Byproduct Material” (published in the Federal Register (FR), 72 FR 55864 (October 1, 2007)) 

(“Naturally Occurring and Accelerator-Produced Radioactive Material (NARM) Rule”). Secondly, 

this RIS describes regulatory approaches to implement the NRC’s authority over contamination 

and items and equipment containing naturally occurring and accelerator produced radioactive 

material (e.g., Ra-226) at military sites. Thirdly, this RIS describes the NRC and U.S. Department 

of Defense’s coordination and agreement on Comprehensive Environmental Response, 

Compensation and Liability Act, response actions at military sites with unlicensed AEA byproduct, 

source, or special nuclear materials, under a memorandum of understanding (MOU) dated 

April 28, 2016.

Correction: In the last edition, the ADAMS Accession Number for RIS-15-19, “Decommissioning 

Timeliness Rule Implementation and Associated Regulatory Relief”, was incorrect. The correct ADAMS 

Accession Number is ML15226A397.

SELECTED FEDERAL REGISTER NOTICE

March 21, 2016 

Federal Register (FR) notice 81 FR 15133, “License Amendment Application for Source Materials 

License Jefferson Proving Ground” (License Amendment Application; Withdrawal by Applicant) 

Summary: The NRC is announcing the withdrawal of a license amendment application from 

the U.S. Department of the Army for its Jefferson Proving Ground site located in Madison, 

IN, to decommission the site under restricted release conditions, as defined in the NRC’s 

regulations.

(Contact: James Smith, NMSS, 301–415–6103 or James.Smith@nrc.gov)
SUMMER 2016

6

ONGOING RULEMAKINGS

RULEMAKING DESCRIPTION STATUS

PROPOSED RULES

10 CFR Parts 30 

and 32, “Items 

Containing Byproduct 

Material Incidental 

to Production 

(formerly Polymer 

(Polycarbonate or 

Polyester) Track 

Etched (PCTE) 

Membranes)”

The proposed rulemaking would 

amend requirements for track 

etched membranes that have 

been irradiated with mixed 

fission products as part of the 

membrane production process. 

The proposed rulemaking would 

also accommodate the licensing 

and distribution of other irradiated 

products (e.g., gemstones) without 

the need for a specific exemption 

for each distributor.

The NRC is currently drafting the 

regulatory basis for the rulemaking 

and expects to release it for public 

comment in December 2016. 

10 CFR Part 73, 

“Enhanced Security 

for Special Nuclear 

Material”

The proposed rule would update 

security regulations, including 

portions of 10 CFR Part 73, 

related to physical protection of 

special nuclear material at NRC 

licensed facilities and in transit.

On February 3, 2015, the Office 

of Nuclear Security and Incident 

Response submitted a user need 

request (ADAMS Accession No. 

ML14317A037) to NMSS to initiate 

a rulemaking to update the security 

regulations within 10 CFR Part 

73. NMSS accepted the regulatory 

basis (ADAMS Accession No. 

ML14321A007) on February 25, 2015. 

On April 22, 2015, the NRC published 

the final regulatory basis in the Federal 

Register (80 FR 22434). A working 

group was formed and is working on 

the proposed rule.

10 CFR Part 73, 

“Cyber Security at 

Fuel Cycle Facilities”

The proposed rulemaking would 

revise 10 CFR Part 73 to add new 

cyber security requirements for 

fuel cycle facilities.

On September 4, 2015, the NRC 

published the draft regulatory basis 

and asked for comments in the Federal 

Register (80 FR 53478). The working 

group revised the document. The final 

regulatory basis was completed on 

March 22, 2016, and was noticed in 

the Federal Register on 

April 12, 2016 (81 FR 21449). The 

NRC has held eight public meetings 

on the rulemaking so far, and plans two 

additional meetings for July and 

August 2016. Draft proposed rule 

language was provided for public 

review in May 2016 and was discussed 

at a May 19, 2016, public meeting.
SUMMER 2016

7

FINAL RULE

10 CFR Part 35,” 

Medical Use of 

Byproduct Material—

Medical Event 

Definitions, Training 

and Experience 

and Clarifying 

Amendments” 

The rule would amend the 

reporting and notification 

requirements for medical events 

for permanent brachytherapy, 

amend training and experience 

requirements to remove 

attestation requirements for 

certain individuals, make changes, 

as requested, in petition for 

rulemaking (PRM)-35-20, petition 

for rulemaking, and clarifying 

amendments.

The NRC published the proposed 

rule and draft guidance in the Federal 

Register (79 FR 42224) for public 

comments on July 21, 2014. The 

comment period closed 

November 18, 2014. The NRC 

received 69 comment letters, each 

containing numerous individual 

comments. The comments are posted 

at http://www.regulations.gov under 

Docket ID NRC-2008-0175. On 

October 8, 2014, the NRC held a 

public meeting to promote better 

understanding of the proposed 

amendments. The comments received 

are under NRC review. The final rule 

package is due to the Commission in 

June 2016.

10 CFR Part 

61, “Low–Level 

Radioactive Waste 

(LLRW) Disposal”

The proposed rule would revise 

10 CFR Part 61 to require LLRW 

disposal licensees and license 

applicants to conduct updated site 

specific analyses and to permit the 

development of criteria for future 

LLRW acceptance based on the 

results of these analyses.

The NRC published the proposed 

rule and notice of availability of the 

draft guidance in the Federal Register

(80 FR 16082 and 80 FR 15930) 

on March 26, 2015. The comment 

period was extended and closed 

on September 21, 2015. The staff is 

reviewing the comments received. 

The final rule package is due to the 

Commission in September 2016. 

10 CFR Part 74, 

“Material Control and 

Accounting of Special 

Nuclear Material”

This rule would revise and 

consolidate the current Material 

Control and Accounting (MC&A) 

requirements into 10 CFR Part 74, 

and would clarify and strengthen 

the MC&A requirements, in part, 

by removing existing exemptions 

in the item control provisions.

Staff is resolving the public 

comments and preparing the final 

package for the rulemaking. 

10 CFR Parts 40, 

70, and 75, “Small 

Quantities Protocol” 

This rulemaking implements the 

requirements of the agreement 

between the United States 

and IAEA for the application of 

safeguards in connection with the 

Treaty for the Prohibition of Nuclear 

Weapons in Latin America. In 

addition, this rulemaking implements 

the modifications to this agreement’s 

small quantities protocol under the 

U.S. and IAEA Caribbean Territories 

safeguards agreement.

The staff has not received approval 

from the Commission to start this 

rulemaking. The staff submitted the 

rulemaking plan to the Commission 

on May 31, 2016.
SUMMER 2016

8

PETITIONS

PRM-72-6, “Petition 

for Rulemaking (PRM72-6), C-10 Research 

and Education 

Foundation, Inc.”

The petitioner submitted 12 

requests for the NRC to amend 

its regulations concerning dry 

cask safety, security, transferability, 

and longevity. In a Federal Register

notice dated October 16, 2012, 

the NRC denied nine of the 

petitioner’s 12 requests (Requests 

1, 2, 3, 5–8, 10, and 12), accepted 

for consideration Request 11 as 

part of the ongoing independent 

spent fuel storage installation 

security rulemaking effort (RIN 

3150-AI78; Docket ID NRC2009-558), and reserved two 

requests for future rulemaking 

determination (Requests 4 and 9).

Staff submitted the Petition Docket 

Closure Package to the Office 

of Administration and obtained 

concurrence from the Office of 

the Secretary. The petition for 

rulemaking; denial submitted by C-10 

Research and Education Foundation, 

Inc. on Part 72 was published in the 

Federal Register on June 27, 2016.

PRM-28, PRM-29 

and PRM-30, “Linear 

No-Threshold Model 

and Standards for 

Projection Against 

Radiation”

The NRC received three 

petitions for rulemaking (PRM) 

requesting that the NRC amend its 

“Standards for Protection against 

Radiation” regulations and change 

the basis of those regulations from 

the Linear No-Threshold (LNT) 

model of radiation protection to 

the radiation hormesis model.

On June 23, 2015, the NRC 

published in the Federal Register, 

80 FR 35870, the receipt of the 

Petition For Rulemaking; Notice 

of Docketing and requested 

public comment on three PRMs, 

PRM-20-28, PRM-20-29, and 

PRM-20-30. The public comment 

period was September 8, 2015. 

But on August 21, 2015, the NRC 

published in the Federal Register, 

80 FR 50804, the receipt of the 

Petition for rulemaking; notice 

of docketing and extension of 

comment period. The NRC 

extended the public comment 

period until November 19, 2015, to 

allow more time for members of 

the public to develop and submit 

their comments. Staff is examining 

the issues raised in the PRMs to 

determine whether they should be 

considered in rulemaking.

POLICY STATEMENT

Tribal Policy Statement The Tribal Policy Statement 

development will describe the 

Commission’s policy for consulting 

and coordination with Native 

American tribes.

The proposed Tribal Policy 

Statement was published in the 

Federal Register (79 FR 71136) on 

December 1, 2014, and the public 

comment period closed on 

May 31, 2015. Staff is in the 

process of reviewing comments.
SUMMER 2016

9

TO OUR READERS 

Thank you for your interest in our newsletter. In our attempt to keep the NMSS licensee 

newsletter—The NMSS News Link—relevant, we welcome feedback on its contents. 

If you would like to suggest topics for the newsletter, please contact Vanessa Cox, NMSS 

Rulemaking and Project Management Branch, by telephone at 301–415–8342 or by e–mail at 

Vanessa.Cox@nrc.gov. In addition, to ensure proper delivery of The NMSS News Link and to 

prevent any interruption of service, please report e–mail address changes to Ms. Cox. 

Please send written correspondence to the following address:

Vanessa Cox, Editor, NMSS Licensee Newsletter

Office of Nuclear Material Safety and Safeguards

U.S. Nuclear Regulatory Commission

Two White Flint North, Mail Stop: T-8-D36

Washington, DC 20555–0001
SUMMER 2016

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SUMMER 2016

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NUREG/BR-0117 No.16-03

July 2016