NEW OFFICE DIRECTOR

Marc Dapas, a 27-year veteran of the 

U.S. Nuclear Regulatory Commission 

(NRC), began serving as the new Director 

of the Office of Nuclear Material Safety 

and Safeguards (NMSS) in July 2016. He 

succeeds Catherine Haney, who left in 

January 2016 to become the Regional 

Administrator for the NRC’s Region II 

Office in Atlanta.

Mr. Dapas began his NRC career in 1989 

as an Operations Engineer in the Office of 

Nuclear Reactor Regulation and 3 years 

later began his progression through a 

number of increasingly responsible positions 

in the NRC’s Region III office outside of Chicago.

In 1998, Mr. Dapas joined the Senior Executive Service and led a program to 

provide for the effective regulatory oversight of 18 operating reactor facilities in 

the NRC’s Region III Office. In 2002, he took over leadership of the materials 

program in that region. Three years later, he became the Deputy Regional 

Administrator for the NRC’s Region I Office outside of Philadelphia, where he 

helped lead that office’s oversight of both reactors and materials licensees.

Mr. Dapas returned to NRC Headquarters in 2011 as Deputy Director for the 

Office of Nuclear Security and Incident Response. In that important role, he 

provided critical leadership of the NRC’s oversight of security policy for both 

nuclear facilities and users of radioactive materials and also maintained the NRC 

emergency preparedness and incident response programs.

In 2013, Mr. Dapas became the Regional Administrator in the NRC’s Region IV 

Office outside of Dallas, where he was responsible for the safety and security 

regulatory oversight of 19 operating reactors, as well as the licensing and 

inspection functions for over 600 materials licensees.

Mr. Dapas received a bachelor’s degree in mechanical engineering from the 

U.S. Naval Academy and served on active duty in the U.S. Navy’s nuclear 

powered submarine program. After leaving active duty to join the NRC, 

Mr. Dapas continued his military service as a member of the Navy Reserve, 

retiring in 2012 after 30 years of service.

The NMSS staff welcomes Mr. Dapas and we look forward to working with him!

FALL 2016

NUREG/BR–0117

NO. 16-04

NEW OFFICE DIRECTOR

PAGE 1

NUCLEAR MATERIALS 

TRACKING AND 

REPORTING

PAGE 2

TRANSPORTATION 

REQUIREMENTS 

RULEMAKING

PAGE 2

SIGNIFICANT 

ENFORCEMENT 

ACTIONS 

PAGE 3

SELECTED FEDERAL 

REGISTER NOTICES

PAGE 6

ONGOING 

RULEMAKINGS

PAGE 8

TO OUR READERS

PAGE 12

OFFICE OF NUCLEAR MATERIAL 

SAFETY AND SAFEGUARDS
FALL 2016

2

NUCLEAR MATERIALS TRACKING 

AND REPORTING 

The United States continues to work with the International Atomic Energy Agency (IAEA) and 

other countries, with which the Nation has signed an Agreement for Nuclear Cooperation, to 

improve nuclear materials tracking and reporting. An initiative to identify best practices for 

nuclear materials tracking began with a workshop hosted by Oak Ridge National Laboratory 

in February 2016. The workshop attendees represented the U.S. Nuclear Regulatory 

Commission (NRC), Department of Energy (DOE), IAEA, and countries representing their 

respective nuclear industries. 

On July 5–6, 2016, the NRC and DOE represented the United States in a meeting with the 

IAEA to provide an update on software changes to the Nuclear Materials Management and 

Safeguards System. These changes improve the quality of nuclear material reporting by the 

United States to IAEA. During this meeting, the United States requested IAEA guidance on 

best practices for transit matching–a process by which IAEA matches receipts of material 

declared by one country with confirmations of shipments of material declared by another 

country. IAEA’s recommendation for reducing the number of unmatched shipments included 

reporting the shipper’s batch identification number for individual material items to allow 

for computerized-matching. The United States is working with industry to implement this 

recommendation. 

The NRC has also been working with licensees, selected for reporting under Title 10 

of the Code of Federal Regulations (10 CFR) Part 75,“Safeguards on Nuclear Material—

Implementation of US/IAEA Agreement,” to resolve data errors identified by IAEA. 

Improvements include removing use of +/- symbols, reporting only shipper-receiver difference 

values greater than 0, and accurately reporting measurement basis codes for first time 

measurements taken within a material balance area. Work continues with NRC licensees to 

ensure that facilities selected for reporting under 10 CFR Part 75 provide monthly inventory 

change reports as required by their transitional facility attachments. 

(Contact: Mirabelle Shoemaker, NMSS, 301-415-7363 or Mirabelle.Shoemaker@nrc.gov)

TRANSPORTATION REQUIREMENTS 

RULEMAKING 

The Commission recently approved the NRC staff’s request in SECY-16-0093, “Rulemaking 

Plan for Revisions to Transportation Safety Requirements and Harmonization with International 

Atomic Energy Agency Transportation Requirements,” dated July 28, 2016, to initiate a 

rulemaking related to harmonizing Title 10 of the Code of Federal Regulations (10 CFR) Part 71, 

“Packaging and Transportation of Radioactive Material,” with the International Atomic Energy 

Agency (IAEA) and the U.S. Department of Transportation (DOT) regulations. The rulemaking 

would revise 10 CFR Part 71 to be compatible with IAEA and DOT regulations and include 

additional NRC staff-initiated administrative, editorial, or clarification changes. 

The NRC is gathering information about the potential changes that may be proposed in the 

rulemaking by soliciting public comment on the potential changes. The agency plans to hold a 

public meeting to promote the understanding and facilitate public comments on 
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3

December 5 and 6, 2016, at the NRC Headquarters in Rockville, MD. After the public meeting, 

interested persons can send written comments to the NRC. The NRC will provide further 

details on the public comment period and the public meeting in the Federal Register. 

Individuals can monitor the NRC’s public meeting Web page at http://www.nrc.gov/publicinvolve/public-meetings/index.cfm where registration, telephone, and webinar information will be 

available. Meeting material will also be posted at the Federal rulemaking Web site at http://www.

regulations.gov, search for Docket ID NRC-2016-0179.

Historically, rulemaking to harmonize and maintain 10 CFR Part 71 compatibility with IAEA and 

DOT regulations was initiated when there were changes in IAEA or DOT regulations that required 

harmonization. The NRC and DOT have determined that there will be a need for rulemaking to 

maintain harmonization based on the latest revision of IAEA’s Specific Safety Requirements 

No. SSR-6, “Regulations for the Safe Transport of Radioactive Material,” 2012 Edition, issued 

October 2012, along with an additional proposed revision to SSR-6 expected to be published by 

2018. The NRC staff continues to work with DOT to determine the extent of harmonization 

needed through rulemaking.

(Contact: Emma Wong, NMSS, 301-415-7091 or Emma.Wong@nrc.gov)

SIGNIFICANT ENFORCEMENT ACTIONS

The U.S. Nuclear Regulatory Commission (NRC) issued significant actions for failure to comply 

with a regulation.

Patriot Engineering and Environmental, Inc. (EA-16-075)

On July 12, 2016, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty 

in the amount of $3,500 to Patriot Engineering and Environmental, Inc., for a Severity Level III 

violation of Title 10 of the Code of Federal Regulations (10 CFR ) 20.1802, “Control of Material 

Not in Storage,” and paragraph (i) of 10 CFR 30.34, “Terms and Conditions of Licenses.” The 

violation involved the firm’s failure to secure licensed material from unauthorized removal or 

access, with a minimum of two independent physical controls that form tangible barriers, while 

the portable gauge was not in storage and not under the control and constant surveillance of the 

licensee. Specifically, an authorized user left a gauge unattended and unsecured, and the gauge 

was run over.

Montana State University (EA-15-165)

On June 24, 2016, the NRC issued a Notice of Violation to Montana State University (MSU) for 

four violations of NRC requirements, collectively characterized as a Severity Level III violation. 

The violations involved MSU’s failure to do the following: 

• Control and maintain constant surveillance of licensed material as required by 10 CFR 20.1802. 

• Test for leakage and/or contamination of sealed sources in accordance with License 

Condition 14.A. 

• Conduct a physical inventory of sealed sources in accordance with License Condition 25. 

• Maintain complete and accurate information with regard to leak test and inventory 

documentation as required by 10 CFR 30.9(a) and as required by License Conditions 

14.F and 25 of NRC License No. 25-00326-06. 
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Specifically, some time between 2008 and 2014, MSU lost two Varian/Agilent gas 

chromatographs containing 13.73 millicuries of nickel-63 and therefore did not conduct physical 

inventories or testing for leakage and/or contamination at the specified intervals. Additionally, 

licensee records indicated that two nickel-63 sealed sources had been leak tested and physically 

accounted for, when in fact, the sources were not in the licensee’s possession at the time 

documentation showed that the leak tests and inventories had been performed.

Thielsch Engineering, Inc. (EA-16-045)

On June 1, 2016, the NRC issued a Notice of Violation to Thielsch Engineering, Inc., for two 

violations of NRC requirements, collectively characterized as a Severity Level III violation. The 

violations involved the firm’s (1) 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 and 10 CFR 30.34(i) and (2) failure 

to have a lock on a portable gauge or have the gauge contained in an outer locked container in 

accordance with its NRC license condition. Specifically, on January 20, 2016, a portable gauge 

was left unattended and uncontrolled at a U.S. naval base jobsite. The gauge was not secured 

with any physical controls that form tangible barriers to secure it from unauthorized removal. 

The unattended gauge was not under the direct surveillance of the authorized user, did not 

have a lock, and was not kept inside a locked container designed to prevent unauthorized or 

accidental removal of the sealed source from its shielded position.

Curtiss-Wright Corporation (EA-16-078) 

On May 20, 2016, the NRC issued a Notice of Violation to the Curtiss-Wright Corporation for 

a Severity Level III violation. The violation involved Curtiss-Wright’s failure to file an application 

and receive a specific license before exporting nuclear equipment to China. Specifically, on 

September 4, 2013, Curtiss-Wright exported four nozzle dams with associated nozzle dam 

control console and installation tools to China, for ultimate use at the Changjiang Nuclear 

Power Plant. The exports were not authorized by a general or specific license issued under 

10 CFR Part 110, “Export and Import of Nuclear Equipment and Material.” The NRC’s general 

license under 10 CFR 110.26, “General License for the Export of Nuclear Reactor Components,” 

does not authorize the export of nuclear reactor components to China, and Curtiss-Wright 

failed to obtain a specific license before shipping the nozzle dam equipment.

FMC & Associates, LLC (EA-16-054) 

On May 17, 2016, the NRC issued a Notice of Violation to FMC & Associates, LLC, for a 

Severity Level III problem for eight related violations. The first violation involved FMC’s failure 

to use a minimum of two independent physical controls that form tangible barriers to secure 

a portable gauge from unauthorized removal in accordance with 10 CFR 30.34(i). Specifically, 

between November 1, 2014, and May 6, 2015, a portable gauge was stored in the trunk of a 

personal vehicle at a jobsite. The gauge was secured with only one tangible barrier (locked 

vehicle trunk) to prevent unauthorized removal when it was not under control and constant 

surveillance. The seven other violations involved failures to do the following: 

• Confine possession of byproduct material to the activity limit authorized on the NRC license. 

• Perform physical inventories of radioactive sources/devices every six months. 

• Perform annual radiation protection program reviews. 

• Provide annual refresher training to authorized gauge users. 

• Review and maintain occupational exposure records. 

• Provide proper package labeling of transport gauges. 

• Include required information on shipping papers during transportation of gauges.
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5

Novelis Corporation (EA-15-213) 

On May 13, 2016, the NRC issued a Notice of Violation and Proposed Imposition of a Civil 

Penalty in the amount of $7,000 to Novelis Corporation for a Severity Level III violation. The 

violation involved Novelis’ deliberate repairs of a nuclear gauge, which were not permitted 

under the terms of Novelis’ NRC license. Specifically, on September 12, 2014, Novelis replaced 

a pneumatic cylinder that controls the position of the shutter, and on September 13, 2014, the 

licensee adjusted the shutter control mechanism of a nuclear gauge. Conditions on its license 

specifically prohibited these repairs.

Weaver Consultants Group (EA-16-035)

On May 10, 2016, the NRC issued a Notice of Violation to Weaver Consultants Group for 

a Severity Level III violation of both 10 CFR 20.1801, “Security of Stored Material,” and 

10 CFR 30.34(i). The violation involved the firm’s failure to secure licensed material from 

unauthorized removal or access, with a minimum of two independent physical controls that form 

tangible barriers, while the portable gauge was stored in a controlled or unrestricted area and 

not under the control and constant surveillance of the licensee. Specifically, an authorized user 

left a gauge unattended and unsecured behind his vehicle while searching for additional forms. 

He later backed up the vehicle and struck the gauge.

Plus, LLC (EA-13-190)

On May 3, 2016, the NRC issued a Notice of Violation and Proposed Imposition of Civil 

Penalty in the amount of $42,000 to Plus, LLC for three willful Severity Level III violations. 

The violations involved the following: 

• distribution of material to unlicensed persons without an NRC license to distribute in 

accordance with 10 CFR 32.14, “Certain Items Containing Byproduct Material; Requirements 

for License to Apply or Initially Transfer” 

• possession of material prior to obtaining an NRC license pursuant to 10 CFR 30.3, 

“Activities Requiring License”

• importing byproduct material into the United States without first obtaining a general or 

specific license in accordance with 10 CFR Part 110 

Specifically, between February 23, 2013 and February 2015, Plus initially transferred for sale 

or distribution, 1,827 tritium watches containing byproduct material to unlicensed persons 

without obtaining a specific license pursuant to 10 CFR 32.14 authorizing such transfers. 

Between February 23, 2013 and September 7, 2014, and from January 26, 2015 to April 23, 2015, 

the company possessed 1,717 watches containing tritium, without having the required NRC 

license. Between February 23, 2013 and September 7, 2014, Plus imported 1,942 watches 

manufactured in Switzerland into the United States without having a possession license or a 

specific import license from the NRC. 

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 the firm’s 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 

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. 
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INDIVIDUALS

Curtis Hofer (IA-16-018)

On June 24, 2016, the NRC issued a Notice of Violation to Mr. Curtis Hofer for a Severity 

Level III violation of paragraph (a) of 10 CFR 30.10, ”Deliberate Misconduct,” involving deliberate 

misconduct that caused his employer, Montana State University, to be in violation of a rule or 

regulation. Mr. Hofer deliberately submitted to the licensee information that he knew to be 

incomplete or inaccurate in some respect material to the NRC. Specifically, Mr. Hofer caused 

the licensee to be in violation of 10 CFR 30.9, “Completeness and Accuracy of Information,” and 

License Condition 14.F by documenting leak test results for two nickel-63 sealed sources that 

were not leak tested. This information was material to the NRC because maintaining accurate 

records associated with the performance of leak tests establishes the licensee’s control of 

licensed material and validates that none of the sources were leaking.

Stephen Mick (IA 15-079)

On May 13, 2016, the NRC issued a Notice of Violation to Mr. Stephen Mick for a Severity 

Level III violation of 10 CFR 30.10(a)(1) involving deliberate misconduct that caused his 

employer, Novelis Corporation, to violate of a condition of its license. Specifically, on 

September 12 and 13, 2014, Mr. Mick directed a technician to repair nuclear gauge 

components that were related to the radiological safety of the device; the conditions of 

Novelis’ NRC license specifically prohibited these repairs.

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 the Agencywide Documents Access and Management System (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: Sophie Holiday, NMSS, 301-415-7865 or Sophie.Holiday@nrc.gov)

SELECTED FEDERAL REGISTER NOTICE

August 23, 2016 

Federal Register (FR) Notice 81FR 57442, “List of Approved Spent Fuel Storage Casks: Holtec 

International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 2” 

(Proposed Rule and Direct Final Rule) 

Summary: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel 

storage regulations by revising the “List of Approved Spent Fuel Storage Casks” to include 

Amendment No. 2 to Certificate of Compliance (CoC) No. 1032 for the Holtec International 

HI-STORM Flood/Wind Multipurpose Canister Storage System. Amendment No. 2 adds new 

fuel types to the HI-STORM storage system, includes new criticality calculations, updates an 

existing fuel type description, and includes changes previously incorporated in Amendment 

No. 0 to CoC No. 1032, Revision 1.

(Contact: Vanessa Cox, NMSS, 301-415-8342 or Vanessa.Cox@nrc.gov)
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July 29, 2016 

FR Notice 81 FR 49863, “Rulemaking Activities Being Discontinued by the NRC for 

10 CFR Parts 20, 26, 32, 40, 50, 53, 73, 74, and 150 [NRC-1999-0002, NRC-2001-0012, 

NRC-2002-0013, NRC-2006-0008, NRC-2008-0200, NRC-2009-0227, and NRC-2009-0079]

RIN 3150-AH18; 3150-AG89; 3150-AG64; 3150-AH81; 3150-AI29; 3150-AI68; 3150-AI50]” 

(Rulemaking Activities; Discontinuation)

Summary: The NRC discontinued eight rulemaking activities. The purpose of this action was 

to inform members of the public that these rulemaking activities were being discontinued 

and to provide a brief discussion of the NRC’s decision to discontinue them. The agency will 

no longer report these rulemaking activities in the NRC’s portion of the Unified Agenda of 

Regulatory and Deregulatory Action. The effective date of discontinuation was July 29, 2016.

(Contact: Leslie Terry, Office of Administration, 301-415-1167 or Leslie.Terry@nrc.gov)

July 26, 2016 

FR Notice 81 FR 48857, “Program-Specific Guidance About Possession Licenses for Manufacturing 

and Distribution” (Draft NUREG; Extension of Comment Period)

Summary: On July 13, 2016, the NRC solicited comments on draft NUREG-1556, 

Volume 12, “Consolidated Guidance About Materials Licenses: Program-Specific Guidance 

About Possession Licenses for Manufacturing and Distribution,” Revision 1, issued June 2016. 

The public comment period was originally scheduled to close on August 12, 2016. The NRC 

decided to extend the public comment period to August 26, 2016 to allow more time for 

members of the public to develop and submit their comments.

(Contact: Anthony McMurtray, NMSS, 301-415-2746 or Anthony.McMurtray@nrc.gov)

July 22, 2016 

FR Notice 81 FR 47689, “NRC Enforcement Policy” (Policy Revision; Issuance)

Summary: The NRC issued a revision to its Enforcement Policy to reflect the new maximum 

civil penalty amount the agency can assess for a violation of the Atomic Energy Act of 1954, 

as amended, or any regulation or order issued under that Act. By interim final rule, the NRC 

changed this amount from $140,000 to $280,469 per violation per day, as mandated by the 

Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This action revised 

the Enforcement Policy so that dollar amounts in the policy correspond to the agency’s revised 

civil penalty amount, and also provided guidance on when the NRC may exercise discretion in 

mitigating the amount of a civil penalty. The effective date of the revision was August 1, 2016.

(Contact: Russell Arrighi, Office of Enforcement, 301-415-0205 or Russell.Arrighi@nrc.gov)

July 20, 2016 

FR Notice 81 FR 47005, “Update to Transcript Correction Procedures” (Final Rule)

Summary: The NRC is amending its regulation that governs the correction of official 

transcripts for agency adjudicatory proceedings. The NRC has not substantively updated the 

current regulation since it was adopted in 1962, and the agency’s internal procedures have 

evolved since that time to incorporate technological developments. The NRC is not soliciting 

public comment on this change because the change is limited to an agency rule of procedure 

and practice that does not affect the rights and responsibilities of outside parties. The final rule 

was effective on July 20, 2016.

(Contact: Tison Campbell, Office of the General Counsel, 301-287-9290 or 

Tison.Campbell@nrc.gov)
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July 13, 2016 

FR Notice 81 FR 45308, “Program-Specific Guidance About Possession Licenses for Manufacturing 

and Distribution” (Draft NUREG; Request for Comments)

Summary: The NRC is revising its licensing guidance for possession licenses for manufacturing 

and distribution. The agency is requesting public comment on draft NUREG-1556, Volume 

12, “Consolidated Guidance About Materials Licenses: Program-Specific Guidance About 

Possession Licenses for Manufacturing and Distribution,’’ Revision 1, issued June 2016. The 

NRC staff has updated the document to include information on safety culture, security of 

radioactive materials, protection of sensitive information, and changes in regulatory policies 

and practices. This document is intended for use by applicants, licensees, and the NRC staff. 

Comments were due by August 12, 2016.

(Contact: Eric Reber, NMSS, 301-415-5608 or Eric.Reber@nrc.gov)

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 tracketched 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 U.S. Nuclear Regulatory 

Commission (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 

(Agencywide Documents Access 

and Management System (ADAMS) 

Accession No. ML14317A037) to 

NMSS to initiate a rulemaking to 

update the security regulations in 

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 met 

and began developing the proposed 

rule. The due date for the proposed 

rule is to be determined.
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9

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 and 

completed the final regulatory basis on 

March 22, 2016. The notice appeared in 

the Federal Register on April 12, 2016 

(81 FR 21449). The NRC has 

held nine public meetings on the 

rulemaking. The agency provided draft 

preliminary proposed rule language 

public review in May 2016 and 

discussed the rule at a public meeting 

on May 19, 2016. During an all-day 

meeting was held on August 25, 2016, 

those attending discussed the language 

of the revised draft of the preliminary 

proposed rule and the draft of the 

preliminary proposed guidance 

document.

FINAL RULE

10 CFR Part 35,” 

Medical Use of 

Byproduct Material— 

Medical Event 

Definitions, Training 

and Experience 

and Clarifying 

Amendments” 

The rule amends the reporting 

and notification requirements for 

medical events for permanent 

brachytherapy, amends training 

and experience requirements to 

remove attestation requirements 

for certain individuals: and makes 

changes, as requested, in petition 

for rulemaking (PRM)-35-20, 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 many individual 

comments. The comments are 

posted at http://www.regulations.

gov under Docket ID NRC-2008-

0175. The final rule, SECY-16-0080, 

Medical Use of Byproduct Material–

Medical Event Definitions, Training 

and Experience, and Clarifying 

Amendments (RIN 3150-AI63), 

went to the Commission for review 

on June 17, 2016.
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10

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 and 

new 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 agency 

extended the comment period to 

September 21, 2015. The staff is 

reviewing the comments received. 

The final rule, SECY-16-0106, “Final 

Rule: Low-Level Radioactive Waste 

Disposal (RIN 3150-A192),” went 

to the Commission for review and 

affirmation on September 16, 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 

the International Atomic Energy 

Agency (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. 

On May 25, 2016, staff submitted 

SECY-16-0066, “Rulemaking Plan 

for Implementing the Modified 

Small Quantities Protocol to the 

United States International Atomic 

Energy Agency Caribbean Territories 

Safeguards Agreement,” requesting 

Commission approval to initiate 

rulemaking. On July 21, 2016, the 

Commission approved initiation 

of the rulemaking. Specifically, the 

Commission provided its clearance 

for the Circular 175 memorandum 

authorizing the Department of 

State to negotiate and conclude a 

modified Small Quantities Protocol 

between the United States and IAEA 

with the Treaty for the Prohibition of 

Nuclear Weapons in Latin America. 

This rulemaking will go directly to 

a final rule as it has a foreign policy 

exclusion.
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11

PETITIONS

PRM-72-6, “Petition 

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

and Education 

Foundation, Inc.”

The petitioner submitted 12 

requests to 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 9 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 NRC-2009-558), 

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 NRC published 

the petition for rulemaking; denial 

submitted by C-10 Research 

and Education Foundation, Inc., 

on 10 CFR Part 72, “Licensing 

Requirements for the Independent 

Storage of Spent Nuclear Fuel, 

High-Level Radioactive Waste, and 

Reactor-Related Greater than 

Class C Waste,” 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 PRM and 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 scheduled to end on 

September 8, 2015, but on 

August 21, 2015, the NRC published 

in the Federal Register (80 FR 50804) 

the receipt of the PRM; 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 NRC published the proposed 

Tribal Policy Statement 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.
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TO OUR READERS 

Thank you for your interest in this newsletter from the Office of Nuclear Material Safety 

and Safeguards. In our attempt to keep The NMSS News Link relevant to licensees, 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, The NMSS News Link

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
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NUREG/BR-0117 No.16-04

November 2016