NEW NRC EXECUTIVE 

DIRECTOR FOR OPERATIONS

The NRC Commission appointed 

Victor M. McCree, former Regional 

Administrator for the agency’s Region II office in 

Atlanta, GA, to be the U.S. Nuclear Regulatory 

Commission’s (NRC’s) next Executive Director 

for Operations (EDO). His appointment took 

effect on September 27, 2015. The EDO 

holds the highest-ranking career position in 

the agency and is the person responsible for 

overseeing the agency’s regulatory programs. 

Mr. McCree succeeds Mark A. Satorius, who 

after a long and distinguished career will retire 

in December.

“Victor McCree is the right choice to help the 

agency as it addresses the challenges of a changing regulatory environment and 

the need to more effectively apply limited resources while still ensuring the health 

and safety of the public,” said NRC Chairman Stephen Burns. “His leadership 

experience in heading the NRC’s largest regional office will be a tremendous 

asset.” 

Mr. McCree joined the NRC in 1988 as an inspector in the Office of Nuclear 

Reactor Regulation. He has since taken on increased responsibility within the 

agency, including working in the office of then-Chairman Shirley Ann Jackson. 

Mr. McCree began working in Region II in 1989. During his time in Region II, he 

served as the Deputy Director and Director for both the Division of Reactor 

Safety and the Division of Reactor Projects. He became the Deputy Regional 

Administrator for Operations in 2006 and was appointed to lead the region in 

2010. The Region II office has a staff of more than 300 and is responsible for 

regulating 32 reactors in seven southeastern states, as well as all fuel cycle facilities 

in the country. The region also oversees the Reactor Construction Inspection 

Program at all new nuclear power plants and fuel facilities nationwide. 

Mr. McCree, a native of Jackson, MS, graduated from the Naval Academy in 1981 

and holds an Executive Master of Business Administration degree from Georgia 

State University. Before joining the NRC, he was a nuclear qualified submarine 

officer in the Navy. He received the Presidential Meritorious Rank Award in 2007.

Please join us in congratulating and welcoming Mr. Victor McCree as the 

new NRC Executive Director for Operations.

FALL 2015

NUREG/BR–0117

NO. 15-04

NEW NRC EXECUTIVE 

DIRECTOR FOR 

OPERATIONS

 PAGE 1

TRITIUM ILLUMINATION 

DEVICES 

 PAGE 2

FROM THE DESK OF 

THE DIRECTOR

 PAGE 3

TRANSPORTATION 

SAFETY REQUIREMENTS

 PAGE 4

PART 37– COMPLIANCE! 

 PAGE 5

SOURCE COLLECTION 

AND THREAT REDUCTION 

 PAGE 7

SIGNIFICANT 

ENFORCEMENT ACTIONS 

 PAGE 8

GENERIC 

COMMUNICATIONS 

ISSUED

 PAGE 9

SELECTED FEDERAL 

REGISTER NOTICES

 PAGE 9

ONGOING 

RULEMAKINGS

 PAGE 11

TO OUR READERS

 PAGE 13

OFFICE OF NUCLEAR MATERIAL 

SAFETY AND SAFEGUARDS
FALL 2015

2

SHEDDING LIGHT ON TRITIUM 

ILLUMINATION DEVICES 

Some radioactive materials are used to produce light. This is done by bombarding a special 

material known as a phosphor with the radiation (typically beta radiation) emitted by the 

radioactive material. Phosphor gets its name from the Greek words for “light” and “to bring.” 

The phenomenon is called “radioluminescence.”

Radioluminescence can be used to provide a low level light source to allow instruments or 

signs to be visible at night or for other situations in which light is needed for long periods 

without electricity, such as for emergency exit signs.

Paint with radium was the first radioluminescent product. Today, tritium is most commonly 

used, primarily on wristwatch faces and gun sights. Small tritium lights can be made by sealing 

tritium and a phosphor layer in small glass tubes known as “gaseous tritium light sources” 

(GTLS) or, more commonly, beta lights (because the tritium undergoes beta decay).

Tritium is a radioactive isotope with a half-life of about 12 years, which means the glass tube 

loses half its energy and some of its brightness in that period. This means the types of GTLS 

used in watches generally have a useful life of 10 to 20 years. They give off a small amount of 

light—not enough to be seen in daylight, but enough to be visible in the dark. The more tritium 

initially placed in the tube, the brighter it is to begin with and the longer its useful life.

The NRC regulates devices that contain small amounts of tritium under Title 10 of the 

Code of Federal Regulations (10 CFR) 32.14, “Certain Items Containing Byproduct Material; 

Requirements for License to Apply or Initially Transfer,” and 10 CFR 32.22, “Self-Luminous 

Products Containing Tritium, Krypton-85 or Promethium-147: Requirements for License to 

Manufacture, Process, Produce, or Initially Transfer.” Manufacturers and initial distributors of 

these devices need to have a distribution license issued by the NRC. They also need to have a 

separate license to possess and use the material, which can be issued by the NRC or, in some 

cases, the State in which the manufacturer is located. (There are 37 Agreement States that 

have agreements with the NRC to regulate these types of radioactive materials.) 

People who initially buy these products from manufacturers with the proper licenses, as well 

as subsequent owners of the products, are exempt from the requirements for an NRC license. 

Approval of these types of products requires that they present extremely low risk of radiation 

exposures to members of the public from normal use, misuse, or accidents. The NRC also 

needs to see the usefulness or benefits of the products. For example, items that could be 

mishandled, especially by children, would be approved only if they offered an unusual degree of 

both utility and safety. Because other countries have different regulatory requirements, some 

tritium products may be available for sale internationally that are not sold in the United States.

(Contact: Shirley Xu, NMSS, 301–415–7640 or Shirley.Xu@nrc.gov)
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FROM THE DESK OF 

THE DIRECTOR

Greetings! This is a special time for our Office as we 

celebrate the first anniversary since the Office of 

Nuclear Material Safety and Safeguards (NMSS) and 

Office of Federal and State Materials and Environmental 

Management Programs (FSME) merged. We began our 

journey on October 5, 2014. We hope the impact of 

the merge on your day-to-day work and interactions 

with the NRC were very little. In addition to the Office 

changes, as you might recall, during the past year we 

had a few changes in the NRC leadership, including 

the appointment of Commissioner Stephen Burns as 

Chairman, and the appointment of Commissioner Jeff 

Baran. Also, as mentioned in this newsletter, Mr. Victor 

M. McCree has been selected as the next Executive 

Director for Operations (EDO). Many of us worked 

with Victor in his earlier role as Regional II Administrator, 

and we know of his dedication to the agency’s safety 

and security mission. I look forward to working with 

Mr. McCree and we wish him well as the EDO. 

NMSS understands that interacting with our external 

stakeholders is one of the cornerstones of what makes 

a National Materials Program work. Recently, I had 

the privilege of participating as a guest speaker in 

the Organization of Agreement States (OAS) Annual 

Meeting in Boston, MA. It was great interacting with 

many of our Agreement State representatives, and 

I look forward to our continued partnership. The 

presentations and discussions on the role of the 

National Materials Program through partnerships and 

communications led to a very successful meeting. We 

should continue to focus on ensuring that the National 

Materials Program provides a consistent and predictable 

regulatory environment, regardless of the regulator. 

The continued success of the program depends on our 

ability to openly dialogue and assist each other. I will 

continue to take seriously my responsibility to share 

information with our partners within the National 

Materials Program and with you.

Over the next several months there will be 

opportunities for you to comment on NRC activities 

that are specific for you. Examples include Part 61 

Proposed Rule, Yucca Mountain Environmental Impact 

Statement Supplement, and the regulatory basis to 

support the proposed Cyber Security Rulemaking that 

would be specific to fuel facilities. 

I encourage everyone to take advantage of our 

commitment to regulatory openness, and make your 

views heard. I can commit to you our pledge to provide 

ample access to our decision-making processes, and the 

methodologies and technical foundations upon which 

our decisions are based. I want everyone to know that 

I take seriously my responsibility to share information 

with our external stakeholders. 

Hoping for a great fall season for you all! 

Catherine Haney, Director
FALL 2015

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REVISIONS TO TRANSPORTATION 

SAFETY REQUIREMENTS 

The NRC, in consultation with the U.S. Department of Transportation (DOT), is amending 

its regulations for the packaging and transportation of radioactive material. With these 

amendments, the NRC’s regulations will align with the International Atomic Energy Agency’s 

(IAEA’s) 2009 standards for the international transportation of radioactive material and maintain 

consistency with DOT’s regulations. 

The NRC regulates the transportation of radioactive material under 10 CFR Part 71, “Packing 

and Transportation of Radioactive Material.” Periodically, IAEA revises its regulations in this area. 

The NRC evaluated changes in the 2009 edition of IAEA’s “Regulations for the Safe Transport of 

Radioactive Material” (TS-R-1) and identified a number of areas in 10 CFR Part 71 that needed 

to be revised to maintain compatibility. Accordingly, the NRC developed a proposed rule to 

amend 10 CFR Part 71 and published it for comment in the Federal Register on May 16, 2013 

(78 FR 28988). 

The NRC is now publishing its final rule. Together with a related DOT final rule amending 

49 CFR Parts 171–180 (79 FR 40590, July 11, 2014), these actions bring U.S. regulations 

into general accord with IAEA’s TS-R-1 and maintain consistency between NRC and DOT 

regulations. The NRC’s final rule also revises 10 CFR Part 71 to perform the following: 

• Update administrative procedures for the quality assurance program requirements 

described in Subpart H, “Quality Assurance,” of 10 CFR Part 71. 

• Re-establish restrictions on material that qualifies for the fissile material exemption.

• Clarify the requirements for a general license.

• Clarify the responsibilities of certificate holders and licensees when making preliminary 

safety determinations on packaging to be used for transporting radioactive material. 

• Make editorial changes.

The final rule was published on June 12, 2015 (80 FR 33988) and took effect on July 13, 2015. 

To access the published final rule online, go to http://www.gpo.gov/fdsys/pkg/FR-2015-06-12/

pdf/2015-14212.pdf. If you have any questions regarding this rule, please communicate with the 

contact person listed below.

(Contact: Solomon Sahle, NMSS, 301-415-3781 or Solomon.Sahle@nrc.gov)
FALL 2015

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PART 37 – MAKE SURE YOU ARE IN 

COMPLIANCE!

NRC inspectors report that licensees often have the misconception that if a licensee has complied 

with all the requirements under the “Increased Controls” (ICs) security provision, then, the licensee 

is automatically in compliance with the requirements under 10 CFR Part 37, “Physical Protection of 

Category 1 and Category 2 Quantities of Radioactive Material.” If this has been your understanding, 

you will want to read further.

While there are similarities between the ICs and the updated 10 CFR Part 37 security requirements, 

licensees should be aware that there are new and changed requirements that could affect 

them. The physical security requirements in 10 CFR Part 37 are largely the same as the ICs; however, 

the majority of inspection findings have been associated with the new administrative requirements. 

In addition, licensees have raised some questions, such as how to provide the certification that a 

Reviewing Official is deemed trustworthy and reliable.

Some of the new administrative program enhancements include the 

following: 

• formal access authorization procedures

• signed informed consent

• verification of true identity

• Reviewing Official must be fingerprinted and deemed trustworthy and reliable

• Reviewing Official certification of trustworthiness and reliability must be provided to NRC

• written security plan

• written security procedures

• annual reviews of the security program

• annual security refresher training

• annual coordination with the local law enforcement agency 

MOST FREQUENT VIOLATIONS:

1. Access Authorization

Licensees previously had to implement access authorization requirements under the ICs. Now, they must 

develop, implement, and maintain access authorization procedures. Some licensees have tried to use 

existing procedures that did not fully reflect the new access authorization requirements of 10 CFR Part 37. 

Requirements: 

Under paragraph 37.21(a) of 10 CFR Part 37, each licensee must establish, implement, and maintain 

an access authorization program in accordance with 10 CFR Part 37, Subpart B, “Background 

Investigations and Access Control Programs.” Under paragraph 37.23(f) of 10 CFR Part 37, licensees 

must develop, implement, and maintain access authorization procedures.

Inspector Recommendation:

Licensees may wish to prepare a list of the requirements in 10 CFR Part 37, Subpart B, and include 

them in a procedure. See NUREG-2155 “Implementation Guidance for 10 CFR Part 37, Physical 

Protection of Category 1 and Category 2 Quantities of Radioactive Material,“ Rev. 1 and NUREG 

2166, “Physical Security Best Practices for the Protection of Risk Significant Radioactive Material,” for 

additional guidance (references listed below).
FALL 2015

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2. Security Plan Development

This is a new requirement. The ICs required licensees to establish a documented program 

to monitor and immediately detect, assess, and respond to unauthorized access. In 

10 CFR Part 37, a licensee is required to establish, implement, and maintain a security program 

that is designed to monitor and, without delay, detect, assess, and respond to an actual or 

attempted unauthorized access. However, this new requirement for a “Security Plan” requires 

licensees to document security measures and strategies, security resources and equipment, and 

technology. Therefore, it requires licensees to include more specificity than the ICs. 

Requirements:

Paragraph 37.43(a) of 10 CFR Part 37 (NEW) states that each licensee identified in 10 CFR 

37.41(a) shall develop a written security plan specific to its facilities and operations that describes 

measures, strategies, and security resources–including equipment and technology used to 

implement the requirements. A Security Plan could be documented in a few pages, and the 

supporting information could be placed in the implementing procedures. The Security Plan should 

provide an overview of the licensee’s security strategy to ensure the integrated and effective 

functioning of the required security program. The plan should be easy to understand. (Note: See 

NUREG-2166, Appendix A, “Developing a Physical Security Plan,” for more information.)

Inspector Recommendation:

Licensees often have only one set of procedures that they refer to as their security procedures, 

meaning these cover their access authorization procedures, training procedures, security plan, 

and implementing procedures. NRC inspectors say it is beneficial for a licensee to have a standalone security plan or at least a detachable appendix that represents its security plan. (Note: See 

NUREG-2155, “Implementation Guidance for 10 CFR Part 37, ‘Physical Protection of Category 1 

and Category 2 Quantities of Radioactive Material.’”)

GOING FORWARD:

This article is not intended to provide a comprehensive summary of all the new requirements 

under 10 CFR Part 37, but rather to highlight a few requirements that NRC inspectors believe are 

significant for licensees. For additional resources, please view some of the resources provided below.

1) The NRC’s 10 CFR Part 37 Web Site

http://www.nrc.gov/security/byproduct/10-cfr-part-37.html

This site provides links to numerous resources related to the 10 CFR Part 37 regulations and 

supporting materials. 

2) NUREG-2155, “Implementation Guidance for 10 CFR Part 37, ‘Physical 

Protection of Category 1 and Category 2 Quantities of Radioactive Material’”

http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr2155/r1/ 

This link provides the text of each regulation in 10 CFR Part 37, followed by a question and 

answer section. It is EXTREMELY useful in understanding 10 CFR Part 37 and is one of the 

best resources. Downloading it in a PDF format enables you to quickly search for key words. 

3) 10 CFR Part 37

http://www.nrc.gov/reading-rm/doc-collections/cfr/part037/full-text.html

This link is to the 10 CFR Part 37 regulations. 

4) Comprehensive Comparison of the ICs and 10 CFR Part 37

http://pbadupws.nrc.gov/docs/ML1132/ML113290229.pdf 

A table in this document provides a full overview of the differences between the ICs and 

10 CFR Part 37.
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5) Regulatory Information Summary 2014–03

http://pbadupws.nrc.gov/docs/ML1405/ML14052A157.pdf

This link provides a simplified overview of the main differences between the ICs and 

10 CFR Part 37.

6) NUREG 2166, “Physical Security Best Practices for the Protection of Risk 

Significant Radioactive Material”

http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr2166/

This link provides guidance on developing and implementing a physical protection program 

for the protection of risk-significant radioactive materials.

(Contacts: Paul Goldberg, NMSS, 301–415–7842 or Paul.Goldberg@nrc.gov and Michelle 

Smethers, NMSS, 301–415–7000 or Michelle.Smethers@nrc.gov)

SOURCE COLLECTION AND THREAT 

REDUCTION

The Conference of Radiation Control Program Directors (CRCPD) Source Collection and Threat 

Reduction (SCATR) Program provides cost shared support for the packaging, transport, and 

disposal of Classes A, B, C and some Greater than Class C sources. Licensees in all 50 States and 

U.S. territories are potentially eligible to participate in the program.

The SCATR program is an initiative to reduce the number of no-longer used radioactive material 

stored by licensees to minimize opportunities for access to radioactive material for malicious 

purposes. SCATR is funded through a grant from the U.S. Department of Energy’s National 

Nuclear Security Administration, which recognizes that disposal of radioactive material is limited 

and expensive. For the 2014–2015 collection, CRCPD provided a cost-share amount equal to 45 

percent of the cost. It is expected that the cost-share amount will decrease in future years. 

Radioactive material is eligible for the SCATR program if it is:

• no longer wanted by the owner

• discrete radioactive material (sealed sources or vials but not scaled pipe), whether naturally 

occurring or accelerator or reactor produced

• under a general or specific license issued by a State or the NRC

• not eligible for assistance by another Federal or national program

• registered as described below

• acceptable for disposition at an existing disposal site

• included in a collection–including those organized by a radiation control agency, users’ 

group, or manufacturer–in cooperation with the CRCPD

To be considered for SCATR participation, licensees must register their disused and unwanted 

sources with the Los Alamos National Laboratory’s (LANL’s) Off-site Source Recovery Project 

(OSRP) at: http://osrp.lanl.gov/PickUpSources.aspx or http://osrp.lanl.gov/SCATRTemplate.xls. 

The first link connects to a real-time registration form. If there are a large number of items to list, 

the second link, which goes to an Excel spreadsheet, may be more useful.

The NRC encourages interested licensees to complete source registration as soon as possible. 

Source registration does not imply a commitment by either the generator or the CRCPD with 

regard to program participation. Source registration allows CRCPD to plan the logistics and 

budget for collections. Collection schedules and funding are prioritized based on how efficiently 

participants will use program funds. CRCPD will contact generators as collection runs are 

organized. 
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The Conference of Radiation Control Program Directors, Inc., (CRCPD) is a 501(c)(3) nonprofit 

nongovernmental professional organization dedicated to radiation protection. CRCPD’s mission 

is “to promote consistency in addressing and resolving radiation protection issues, to encourage 

high standards of quality in radiation protection programs, and to provide leadership in radiation 

safety and education.” 

(Contact: Russ Meyer, CRCPD, 512–761–3822 or rmeyer@crcpd.org)

SIGNIFICANT ENFORCEMENT ACTIONS

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

MISTRAS Group, Inc. (EA-14-225)

On June 30, 2015, the NRC issued a Notice of Violation and Proposed Imposition of Civil 

Penalty in the amount of $7,000 to MISTRAS Group, Inc., (Mistras) for a Severity Level III 

problem for two related violations. The violations involved the company’s failure to obtain an 

export license, as required by 10 CFR 110.5, “Licensing Requirements,” and its failure to submit 

an advance notification of shipment to the NRC and the Canadian Government as required 

by 10 CFR 110.50(c). Specifically, on or about July 24, 2014, Mistras exported two iridium-192 

sealed sources to Canada without obtaining a required specific export license. It also did not 

provide the required export notifications to the NRC and the Canadian government in advance 

of the export of sources to Canada.

Blevins Asphalt Construction Co., Inc. (EA-15-073)

On May 29, 2015, the NRC issued a Notice of Violation to Blevins Asphalt Construction Co., 

Inc., (BAC) for a Severity Level III violation. The violation involved BAC’s failure to maintain 

control and constant surveillance or to use a minimum of two independent physical controls to 

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

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

Licenses.” Specifically, on July 30, 2014, an authorized user failed to maintain control and 

constant surveillance over a gauge that contained licensed material and that was subsequently 

damaged after being driven over by a vehicle.

Schultz Surveying & Engineering, Inc. (EA-14-238)

On March 31, 2015, the NRC issued a Notice of Violation to Schultz Surveying & Engineering, 

Inc., for a Severity Level III. The violation involved Schultz’s failure to confine possession and use 

of byproduct materials to the locations and purposes authorized by the license as required by 

paragraph (c) of 10 CFR 30.34. Specifically, between January 31, 2013, and December 16, 2014, 

the licensee possessed and stored byproduct material at facilities located in Lake Ozark and 

Branson, MO. The license did not authorize use of these locations.

MEDICAL

Siemens Medical Solutions USA, Inc. (EA-15-008)

On April 10, 2015, the NRC issued a Notice of Violation to Siemens Medical Solutions USA, 

Inc., (Siemens) for a Severity Level III violation. The violation involved Siemens’ failure to file 

NRC Form 241, “Report of Proposed Activities in Non-Agreement States,” at least 3 days 

before engaging in licensed activities within NRC jurisdiction, as required by 10 CFR 150.20, 

“Recognition of Agreement State Licenses.” Specifically, between September 6, 2011, and 
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August 8, 2014, Siemens, a licensee of the State of North Carolina, used byproduct material 

within NRC jurisdiction on numerous occasions without filing the required documentation with 

the NRC.

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. For help in using ADAMS, contact the NRC Public Document 

Room staff at 301–415–4737 or 1–800–397–4209 or by e-mail at PDR.Resource@nrc.gov.

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

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.

REGULATORY ISSUE SUMMARIES

The NRC provides a regulatory issue summary (RIS) as an informational document used to 

communicate with the nuclear industry on a broad spectrum of matters. 

On June 24, 2015, the NRC issued RIS-15-08, “Oversight of Counterfeit, Fraudulent, and 

Suspect Items in the Nuclear Industry.” The agency issued the RIS to heighten addressees’ 

awareness of existing NRC regulations and how they apply to counterfeit, fraudulent, and suspect 

items (CFSI) within the scope of the NRC’s regulatory jurisdiction. Addressees are expected to 

review this information and consider actions, as appropriate, to prevent CFSI from entering their 

supply chains, prevent possible installation or use of CFSI at their facilities, and raise awareness of 

the potential for CFSI to be used in the manufacture, maintenance, or repair of items, including 

sealed sources and devices. 

SELECTED FEDERAL REGISTER NOTICES

June 25, 2015 

Federal Register (FR) notice 80 FR 36467, “List of Approved Spent Fuel Storage Casks: NAC 

International, Inc., MAGNASTOR® System; Certificate of Compliance No. 1031, Amendment No. 5 

(Direct Final Rule; Confirmation of Effective Date) 

Summary: The NRC is confirming the effective date of June 29, 2015, for the direct final rule that 

was published in the Federal Register on April 15, 2015. This direct final rule amended the NRC’s 

spent fuel storage regulations by revising the NAC International, Inc., MAGNASTOR® System listing 

within the ‘‘list of approved spent fuel storage casks’’ to include Amendment No. 5 to Certificate 

of Compliance (CoC) No. 1031. Amendment No. 5 makes numerous changes to the technical 

specifications (TSs), including adding a new damaged fuel assembly, revising the maximum or 

minimum enrichments for three fuel assembly designs, adding four zone preferential loading for 

pressurized water reactor fuel assemblies, increasing the maximum dose rates in limiting condition 

for Operation 3.3.1, and making other editorial changes to Appendices A and B of the TSs.

(Contact: Solomon Sahle, NMSS, 301–415–3781 or Solomon.Sahle@nrc.gov)
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July 14, 2015 

FR notice 80 FR 41097, “Memorandum of Understanding among the Department of Homeland 

Security, the Department of Transportation, and the Nuclear Regulatory Commission Concerning 

Cooperation on Radioactive Materials Transportation Security” (Memorandum of Understanding; 

Issuance)

Summary: The NRC is issuing a notice regarding a finalized Memorandum of Understanding 

(MOU) between the NRC, the U.S. Department of Homeland Security, and the U.S. 

Department of Transportation that defines a cooperative working relationship between the 

agencies for radioactive material transportation security. The goal of the MOU is to ensure 

that the transportation of radioactive material in the United States and across U.S. borders is 

carried out in a secure manner that protects public health and safety and in a manner that is 

not inimical to the common defense and security of the United States.

(Contact: Albert Tardiff, NSIR, 301–287–3613 or Al.Tardiff@nrc.gov)

July 30, 2015 

FR notice 80 FR 45413, “Commercial Distribution of Tritium Markers” (Petition for Rulemaking; 

Denial)

Summary: The NRC is denying a petition for rulemaking (PRM), dated December 2, 2011, 

which was filed with the NRC by Motti Slodowitz on behalf of CampCo (the petitioner) and 

supplemented with additional information on September 18, 2012. The petitioner requested 

the NRC to amend its regulations that govern the licensing of products containing byproduct 

material to allow the commercial distribution of tritium markers for use under an exemption 

from licensing requirements. The NRC is denying the petition because the petitioner failed 

to demonstrate that a specific exemption was warranted and that the existing regulatory 

framework for self-luminous products was insufficient. 

(Contact: Vanessa Cox, NMSS, 301–415–8342 or Vanessa.Cox@nrc.gov)

August 3, 2015 

FR notice 80 FR 46057, “Financial Planning for Management of Radioactive Byproduct Material 

(Financial Scoping Study; Request for Comment)” 

Summary: The NRC will conduct a financial scoping study to determine if financial planning 

requirements for decommissioning and end-of-life management for some radioactive byproduct 

material are necessary. The NRC is seeking stakeholder input and perspective on this action. In 

this notice, the agency asks respondents to consider the following when preparing their remarks: 

• recommendations from recent studies addressing this topic

• national and international activities

• specific questions posed by the NRC staff

(Contacts: Ryan Whited, NMSS, 301–415–1154 or Ryan.Whited@nrc.gov and James Shaffner, 

NMSS, 301–415–5496 or James.Shaffner@nrc.gov) 

August 27, 2015

FR notice 80 FR 51964, “Low-Level Radioactive Waste Disposal (Proposed rule and draft NUREG; 

Reopening of Comment Period)”

Summary: On March 26, 2015, the NRC requested public comment on a proposed rule 

that would amend its regulations that govern low-level radioactive waste (LLRW) disposal 

facilities. The proposed rule would require new and revised site-specific technical analyses, 

permit the development of site-specific criteria for LLRW acceptance based on the results 
FALL 2015

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of those analyses, facilitate implementation, and better align the requirements with current 

health and safety standards. Also, on March 26, 2015, the NRC requested comment on draft 

guidance to address the implementation of the proposed regulations (NUREG–2175, ‘‘Guidance 

for Conducting Technical Analyses for 10 CFR Part 61’’). The public comment period for the 

proposed rule and draft guidance closed on July 24, 2015. The NRC reopened the public 

comment periods for the proposed rule and draft guidance to allow more time for members 

of the public to develop and submit their comments. The reopened comment period ended on 

September 21, 2015.

(Contacts: Gary Comfort, NMSS, 301–415–8106 or Gary.Comfort@nrc.gov; and 

Stephen Dembek, NMSS, 301–415–2342 or Stephen.Dembek@nrc.gov)

ONGOING RULEMAKINGS

RULEMAKING DESCRIPTION STATUS

PROPOSED RULES

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 

until September 21, 2015. 

10 CFR Part 35, “Medical 

Use of Byproduct 

Material—Medical Event 

Definitions, Training and 

Experience and Clarifying 

Amendments” 

The proposed rule would 

amend the reporting and 

notification requirements 

for medical events for 

permanent brachytherapy, 

amend training and 

experience requirements, 

make changes as requested 

in 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. The 

comment period closed on 

November 18, 2014. The NRC 

received 48 comment letters, 

resulting in several hundred 

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 March 2016.
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10 CFR Part 73, “Enhanced 

Security of Special Nuclear 

Material”

The proposed rule would 

update security regulations, 

including portions of 

10 CFR Part 73, relating 

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 (NSIR) 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 has 

begun work 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.

The NRC is currently drafting the 

regulatory basis for the rulemaking 

and expects to release it for public 

comment in September 2015.

FINAL RULE

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. Staff is planning 

to hold a public meeting in 

September 2015 to discuss the 

cumulative effects of regulation 

and the implementation schedule 

dates of the final rule. The 

final rule package is due to the 

Commission in November 2015. 

PETITIONS

PRM–32–8, CampCo 

Petition

CampCo submitted a 

petition for rulemaking 

asking the NRC to amend 

regulations to allow 

commercial distribution 

of tritium markers.

The NRC published the denial 

of the petition in the Federal 

Register on July 30, 2015 

(80 FR 45413).
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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.

PRE-RULEMAKING

10 CFR Part 20, “Standards 

for Protection against 

Radiation,” International 

Commission on 

Radiological Protection 

(ICRP) Recommendations 

The rulemaking 

would incorporate 

recommendations from 

the ICRP to revise 

10 CFR Part 20.

The NRC published an advance 

notice of proposed rulemaking 

in the Federal Register

(79 FR 43284) on July 25, 2014, 

and the public comment period 

closed on June 22, 2015. Staff 

is in the process of reviewing 

comments.

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
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NUREG/BR-0117 No.15-04

October 2015