FALL 2013

NUREG/BR-0117

NO. 13-03

NEW EXECUTIVE DIRECTOR 

FOR OPERATIONS

 PAGE1

UPDATE ON 

IMPLEMENTATION ACTIVITIES

 PAGE1

NRC ISSUES LICENSING 

GUIDANCE

 PAGE2

FROM THE DESK OF 

THE DIRECTOR

 PAGE3

WASTE CONFIDENCE

 PAGE4

STAFF RECOGNITION

 PAGE4

NATIONAL STATE LIAISON 

OFFICERS CONFERENCE

 PAGE5

SIGNIFICANT ENFORCEMENT 

ACTIONS

 PAGE5

GENERIC COMMUNICATIONS 

ISSUED

 PAGE6

SELECTED FEDERAL REGISTER

NOTICES

 PAGE7

ONGOING RULEMAKINGS

 PAGE9

TO OUR READERS

 PAGE10

New Executive 

Director For 

Operations

The U.S. Nuclear Regulatory Commission (NRC) 

appointed Mr. Mark A. Satorius as the next 

Executive Director for Operations, which took 

effect in late August 2013. He will succeed Mr. 

Bill Borchardt, who is retiring this year after a 

long and distinguished career. Moreover, Mr. Brian 

Holian will serve as the Acting Director of FSME.

Mr. Satorius joined the NRC in 1989 and has experience in both reactor and 

materials programs, in headquarters as well as regional offices. He started at the 

NRC in Region IV as an operator licensing examiner, and later as a reactor inspector 

and senior project engineer. He has also served in a variety of leadership positions 

at the NRC, including Deputy Director in the Office of Enforcement, Chief of the 

Performance Assessment Section in the Office of Nuclear Reactor Regulation, 

Deputy Director of Reactor Projects in Region IV, Director of Reactor Projects 

in Region III, and Regional Administrator for Region III. Since October 2011, 

Mr. Satorius has been the Director of FSME.

Mr. Satorius graduated from the U.S. Naval Academy with a Bachelor of Science 

degree in mechanical engineering, and served as a nuclear-trained submarine officer 

before coming to the NRC.

Congratulations, Mark! 

UPDATE ON IMPLEMENTATION 

ACTIVITIES 

The summer 2013 edition of the FSME Licensee Newsletter highlighted that 

NRC licensees must comply with the new rule, Title 10 of the Code of Federal 

Regulations (10 CFR) Part 37, “Physical Protection of Category 1 and Category 2 

Quantities of Radioactive Material,” by March 19, 2014. The working group, which 

consists of representatives of the NRC and Agreement States, is now conducting 

outreach activities with licensees and other stakeholders on the implementation 

activities of 10 CFR Part 37. The outreach activities include making presentations 

at industry forums, writing articles for different publications, posting information 

Continued on page 2

OFFICE OF FEDERAL & STATE 

MATERIALS & ENVIRONMENTAL 

MANAGEMENT PROGRAMS
FALL 2013

2

on the NRC’s Web site, interacting with Agreement State regulatory agencies, and having direct 

discussions with stakeholders. 

The FSME staff has already received questions from stakeholders seeking guidance on the 

applicability of the rule, documents, and the process to rescind the existing security orders 

or license conditions. The answers to frequently asked questions will be posted on the NRC 

radioactive material security Web site, which can be accessed at http://www.nrc.gov/security/

byproduct.html. The NRC radioactive material security Web site now has much useful and 

relevant information on 10 CFR Part 37, which will be update on an ongoing basis. Among the 

useful links included in the Web site:

• 10 CFR Part 37 (rule) – http://www.nrc.gov/reading-rm/doc-collections/cfr/part037/ 

• NUREG 2155 (guidance) – http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr2155/ 

• comparison between existing security requirements and 10 CFR Part 37 (Attachment 1) – 

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

In addition, affected licensees seeking clarification of the requirements or additional guidance can 

send an e-mail to Part37Resource@nrc.gov. 

(Contact: Ernesto Quinones, FSME, 301-415-0271 or Ernesto.Quinones@nrc.gov)

NRC ISSUES LICENSING GUIDANCE

On July 24, 2013, the NRC, in conjunction with the Agreement States through a joint working 

group, issued licensing guidance for the ViewRayTM System for Radiation Therapy (ViewRayTM

System). 

The ViewRayTM System contains three cobalt 60 sources on a rotating gantry assembly, integrated 

with a magnetic resonance imaging (MRI) system capable of imaging during treatment. The 

ViewRayTM System is the first real-time image-guided radiation therapy device that the NRC 

will license. 

After the working group’s review, the group concluded that the ViewRayTM System should be 

licensed using a customized licensing approach under 10 CFR 35.1000, “Other Medical Uses of 

Byproduct Material or Radiation from Byproduct Material.” The NRC used this approach because 

the existing teletherapy regulations in 10 CFR 35.600, “Use of a Sealed Source in a Remote 

Afterloader Unit, Teletheraphy Unit, or Gamma Sterotactic Radiosurgery Unit,” did not adequately 

align with some of the key features of the ViewRayTM System. 

Moreover, the regulation requirements in 10 CFR 35.1000 were designed to address the needs 

of emerging medical technologies without having to resort to rulemaking. If the NRC becomes 

aware of future developments or as additional experience is gained related to the medical use of 

the ViewRayTM System, then the NRC staff will consider revising the licensing guidance. 

The licensing guidance may be found under the NRC Medical Uses Licensee Toolkit at 

http://www.nrc.gov/materials/miau/med-use-toolkit.html. 

(Contact: Sophie Holiday, FSME, 301-415-865 or Sophie.Holiday@nrc.gov

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FALL 2013

3

FROM THE DESK OF 

THE DIRECTOR

As mentioned in this newsletter, I am backfilling for 

Mr. Mark A. Satorius as the Acting Director of FSME 

following Mark’s transition to the Executive Director for 

Operations (EDO) position. 

At the recent Organization of Agreement States (OAS) 

meeting in Reno, NV, I gave a presentation on the Risk 

Management Regulatory Framework efforts within the 

NRC. It was great interacting with many of our Agreement 

State representatives, and I look forward to our continued 

partnership. I want to reiterate that I will continue to take 

seriously my responsibility to share information with our 

partners within the National Materials Program (NMP). 

The American public deserves to be assured that all 

25,000 plus nuclear materials licensees across the country 

are using nuclear material in a safe and secure manner, 

regardless of whether they reside in an Agreement State 

or a non Agreement State. We should continue to focus 

on ensuring that the NMP 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. 

The spirit of this philosophy was demonstrated at the 

OAS meeting where both the NRC and Agreement States 

declared their support for the State of Georgia’s efforts 

to improve its Agreement State Program. Other highlights 

of the OAS meeting included a video greeting from the 

NRC Chairman Allison M. Macfarlane and a keynote 

presentation by Mike Weber, the Deputy Executive 

Director for Materials, Waste, Research, State, Tribal, and 

Compliance Programs, on managing the NMP’s cumulative 

regulatory effects. The NRC was also represented by 

several NRC offices and included several new managers, 

such as Chris Miller (Director of Intergovernmental 

Liaison and Rulemaking/FSME), Jim Clifford (Director of 

Division of Nuclear Materials Safety/Region I), and Barry 

Westreich (Cyber Security Director/Office of Nuclear 

Security and Incident Response (NSIR)). Agreement State 

participation at this year’s annual meeting was excellent, 

with mostly program director participants. The National 

Nuclear Security Administration made two presentations 

at the meeting–on the Global Threat Reduction Initiative 

and on responding to radiography accidents. The meeting 

also included sessions on adequacy and compatibility, 

making compatibility more performance based, revising 

performance metrics, and training by the NRC on the use 

of the Nuclear Material Events Database. We had a very 

productive meeting. I’d like to particularity highlight one 

delivered by a participant from Pennsylvania, Mr. Frank 

Costello’s presentation on events, which very effectively 

reminded us all of our individual importance to the success 

of the NMP! 

On another note, I would like to bid a fond farewell to 

a key manager in FSME. Mr. Brian McDermott has been 

selected as the Deputy Director for NSIR within the NRC. 

Mr. McDermott transitioned to his new position in early 

September 2013. Mr. McDermott brought his extensive 

technical background and understanding of source 

security to FSME, and he worked extremely well with our 

Agreement State partners and external stakeholders on 

nuclear material safety. While the office works through 

replacement options for 

Mr. McDermott, Ms. Pamela Henderson will serve as the 

Acting Director for the Division of Materials Safety and 

State Agreements (MSSA). She is currently the Deputy 

Director of MSSA. Ms. Henderson joined the NRC in 1991 

as a health physicist in Region I. She holds a bachelor’s 

degree in biology and environmental studies, a second 

bachelor’s degree in chemistry and nuclear medicine and a 

master’s degree in health physics. 

I know you will join me in thanking Mr. Mark Satorius 

for his dedicated and exemplary leadership of FSME; we 

wish him well as the EDO. Also, we send our best to 

Mr. Brian McDermott as he moves on to NSIR, where he 

will continue to be an advocate for a safe and secure NMP.

Hoping for a great fall season for you all....

Brian Holian, Acting Director
FALL 2013

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WASTE CONFIDENCE

On Monday, August 5, 2013, the Commission approved the publication of the proposed Waste 

Confidence Rule and the draft NUREG 2157, “Waste Confidence Generic Environmental 

Impact Statement” (DGEIS) in the Federal Register for public comment. The proposed rule and 

DGEIS will be available for public comment starting September 2013. 

During the 75-day public comment period, the NRC plans to hold nine regional public meetings 

and two nationally Webcast meetings at NRC headquarters on the DGEIS and proposed rule. 

Currently, the NRC plans to hold meetings in California, Colorado, New York, Massachusetts, 

Minnesota, Ohio, and North Carolina, with additional locations to be determined in the 

near future. 

The NRC is developing the proposed Waste Confidence Rule and DGEIS in response to the 

June 2012 decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate 

and remand the Commission’s 2010 Waste Confidence Decision and Rule. In September 2012, 

the Commission instructed the NRC staff to develop a revised Rule supported by a generic 

environmental impact statement that addresses the environmental impacts of continued 

storage of spent nuclear fuel. 

The public can stay informed and follow Waste Confidence activities through a variety of 

means. First, the NRC periodically sends out e-mail announcements of new material and 

upcoming events. Interested parties may sign up to receive e-mails about Waste Confidence 

activities by e-mailing WCOutreach@nrc.gov with a request to be added to the distribution 

list. Secondly, the NRC periodically posts updates to the Waste Confidence Web site, 

http://www.nrc.gov/waste/spent fuel storage/wcd.html. Interested parties can sign up 

for automatic e-mail alerts whenever the Waste Confidence Web site is updated using 

GovDelivery. Under “Subscriber Preferences,” choose the Waste Confidence pages for which 

you would like to receive updates. Thirdly, interested parties can monitor the docket for the 

Waste Confidence rulemaking on the Federal rulemaking Web site, http://www.regulations.gov, 

by searching on Docket ID NRC-2012-0246. Regulations.gov also provides e-mail alerts when 

changes or additions occur in a docket folder.

(Contact: Andy Imboden, NMSS, 301-287-9220 or Andy.Imboden@nrc.gov)

STAFF RECOGNITION

On August 28–29, 2013, the FSME staff participated in a U.S. Army Corps of Engineers 

(USACE) meeting along with participants from the U.S. Department of Energy. The purpose 

of the meeting was to discuss remediation, stakeholder engagement, current status, and path 

forward for the USACE’s work at the Shallow Land Disposal Site, located in Parks Township, 

PA, east of Pittsburgh. The site is being remediated under the Formerly Utilized Sites Remedial 

Action Program. At the conclusion of the meeting, USACE presented Yolande Norman, the 

former NRC project manager, with “The Commander’s Award for Public Service” for her 

efforts working with USACE on this project.
FALL 2013

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NATIONAL STATE LIAISON OFFICERS 

CONFERENCE

On November 5-6, 2013, the NRC will host the next National State Liaison Officers Conference 

at NRC headquarters in Rockville, MD. State Liaison Officers are appointed by their Governors to 

serve as the State’s primary liaison to the NRC. The NRC holds these conferences approximately 

every two years to provide an opportunity to discuss topics of mutual interest. The conference will 

provide attendees with opportunities to learn about and receive updates on a variety of topics 

related to nuclear regulations, nuclear security, and radiological public health and safety. The sessions 

will cover a variety of areas such as radiological incident response, status of new and operating 

reactors, decommissioning, lessons learned activities associated with the March 2011 earthquake 

and tsunami in Japan, and many others. There will be a diverse range of speakers from the NRC, 

other Federal agencies, and State organizations. Immediately following the conference, the NRC 

will hold an optional training session on effective communication of nuclear information on 

November 7, 2013. For additional information about the State Liaison Officer Program, please 

visit: http://www.nrc.gov/about-nrc/state-tribal/fst-liaison.html#state. For more details about the 

conference, please visit: http://homer.ornl.gov/nrc/conf/.

(Contact: June Cai, FSME, 301-415-5192 or June.Cai@nrc.gov)

SIGNIFICANT ENFORCEMENT ACTIONS

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

Braun Intertec Corporation (EA-13-056)

On May 14, 2013, the NRC issued a Notice of Violation to Braun Intertec Corporation for a 

Severity Level III violation. The violation involved the failure to file, at least 3 days before engaging 

in the activity for the first time in a calendar year, information contained in NRC Form 241, 

“Report of Proposed Activities in Non Agreement States, Areas of Exclusive Federal Jurisdiction, 

or Offshore Waters”; a copy of the Agreement State specific license; and the appropriate fee as 

required by 10 CFR 150.20, “Recognition of Agreement State Licenses.” Also, if applicable, the 

Agreement State licensee must file an amended form to request approval for changes in work 

locations. However, the Agreement State licensee possessed and used radioactive material in 

an area of exclusive Federal jurisdiction in 2013 without filing the initial information required. 

Additionally, the Agreement State licensee failed to file an amended form for a different work 

location in 2012.

Bruker Detection Corporation (EA-13-012)

On March 29, 2013, the NRC issued a Notice of Violation to Bruker Detection Corporation 

(Bruker), for a Severity Level III violation. The violation involved Bruker’s failure to file NRC 

Form 241, “Report of Proposed Activities in Non Agreement States, Areas of Exclusive Federal 

Jurisdiction, or Offshore Waters,” at least 3 days before engaging in licensed activities within the 

NRC jurisdiction, as required by 10 CFR 150.20 (b). Specifically, from April 16 to April 21, 2012, 

Bruker, a licensee of the Commonwealth of Massachusetts, possessed and used ion mobility 

spectrometer devices containing nickel 63 sealed sources in Indiana, a non Agreement State, 

without first filing NRC Form 241 with the NRC at least 3 days before engaging in such activity.
FALL 2013

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MEDICAL

Mercy Hospital (EA-13-049)

On May 16, 2013, the NRC issued a Notice of Violation to Mercy Hospital for a 

Severity Level III violation. The violation involved the failure of Mercy Hospital to secure 

from unauthorized removal or limit access to licensed material stored in controlled or 

unrestricted areas as required by 10 CFR 20.1801, “Security of Stored Material.” On 

October 9, 2012, and February 25, 2013, the licensee failed to secure from unauthorized 

removal or limit access to licensed material that was stored in controlled or unrestricted 

areas as noted during an internal audit and an NRC inspection. 

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 NRC’s 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: Michele Burgess, FSME, 301-415-5868 or Michele.Burgess@nrc.gov)

GENERIC COMMUNICATIONS ISSUED

The following is a summary of an NRC generic communication issued by FSME. If the 

document appears relevant to your needs and you have not received it, please call 

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 SUMMARY

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 July 30, 2013, the NRC issued RIS 2013-10, “Permanent Implant 

Brachytherapy Medical Event Reporting under 10 CFR Part 35,” to all 

NRC medical use licensees, NRC master material licensees, Agreement State Radiation 

Control Program Directors, and State Liaison Officers. The RIS was issued to: (1) 

supply information to assist licensees in complying with the current NRC requirements 

related to permanent implant brachytherapy, and (2) announce that an Interim 

Enforcement Policy, has been developed and published and explain the enforcement 

discretion the NRC will use to provide regulatory relief to licensees until the 

implementation date of a revised final rule, 10 CFR Part 35, “Medical Use of Byproduct 

Material,” associated with the medical event reporting requirements.

(Contact: Ronald Zelac, FSME, 301-415-7635 or Ronald.Zelac@nrc.gov
FALL 2013

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SELECTED FEDERAL REGISTER NOTICES

June 14, 2013

78 FR 35746, Advance Notification to Native, American Tribes of Transportation of Certain 

Shipments of Nuclear Waste, (Final Rule; Implementation)

Summary: NRC licensees are currently required to provide advance notice to participating 

Federally recognized Tribal governments regarding shipments of irradiated reactor fuel and certain 

nuclear wastes that pass within or across their reservations. Agreement State licensees will be 

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

the applicable Agreement State implements its requirements.

Contact: James Firth, FSME, 301-415-6628 or James.Firth@nrc.gov

June 25, 2013

78 FR 37927, List of Approved Spent Fuel Storage Casks: MAGNASTOR System, (Final Rule)

Summary: The NRC is amending its spent fuel storage regulations by revising the NAC 

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

(MAGNASTORR) Cask System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to 

include Amendment No. 3 to Certificate of Compliance (CoC) No. 1031. 

Contact: Naiem S. Tanious, FSME, 301-415-6103 or Naiem.Tanious@nrc.gov

June 27, 2013

78 FR 38739, Standard Format and Content for Post-Shutdown Decommissioning Activities Report, 

(Regulatory Guide; Issuance)

Summary: The NRC issued Revision 1 of Regulatory Guide (RG) 1.185, ‘‘Standard Format 

and Content for Postshutdown Decommissioning Activities Report.’’ This guide describes the 

Commission’s requirements regarding the submission of a post-shutdown decommissioning 

activities report).

Contacts: James Shepherd, FSME, 301-415-6712 or James.Shepherd@nrc.gov or 

Edward O’Donnell, RES, 301-251-7455 or Edward.Odonnell@nrc.gov

July 1, 2013 

78 FR 39462, Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013, (Final Rule)

Summary: The NRC amended the licensing, inspection, and annual fees charged to its applicants 

and licensees. The final rule was effective on August 30, 2013.

Contact: Arlette Howard, OCFO, 301-415-1481 or Arlette.Howard@nrc.gov

July 11, 2013

78 FR 41720, CampCo Petition to Allow Commercial Distribution of Tritium Markers,

(Petition for Rulemaking; Receipt and Request for Comment)

Summary: The NRC published for comment a petition for rulemaking filed with the Commission 

by CampCo (the petitioner) on December 2, 2011, and supplemented on September 18, 2012. 

The petitioner requests that the NRC amend its regulations to allow the commercial distribution 

of tritium markers for use under exemption from licensing requirements.

Contact: Vanessa Cox, FSME, 301-415-8342 or Vanessa.Cox@nrc.gov
FALL 2013

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July 12, 2013

78 FR 41835, Inflation Adjustments to the Price-Anderson Act Financial Protection 

Regulations, (Final Rule)

Summary: The Atomic Energy Act of 1954, as amended (AEA), required NRC to adjust 

the maximum total and annual standard deferred premiums specified in the PriceAnderson Act for inflation at least once during each 5-year period following August 20, 

2003. The NRC is amending its regulations to satisfy this requirement. 

Contact: Ryan K. Lighty, OGC, 301-415-1938 or Ryan.Lighty@nrc.gov

August 9, 2013

78 FR 48726, Placement of the Georgia Agreement State Program on Probation, 

(Notice of the Georgia Agreement State Program being placed on probation)

Summary: The NRC announced the placement of the Georgia Agreement State 

Program (Georgia Program) for the regulation of certain Atomic Energy Act 

materials on probation and a further increase in the NRC oversight of the Georgia 

Program, including overseeing implementation of a ‘‘Program Improvement Plan’’ 

developed by the staff of the Georgia Program. Once the Georgia Program has met 

the commitments made in the ‘‘Program Improvement Plan,’’ and has demonstrated 

significant and sustainable improvements, the probationary status could be lifted. 

Contact: Lisa Dimmick, FSME, 301-415-0694 or Lisa.Dimmick@nrc.gov

September 9, 2013

78 FR 54959, Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013; Correction, 

(Correcting Amendment)

Summary: The NRC published a final rule in the Federal Register on July 1, 2013 (78 

FR 39461), amending the licensing, inspection, and annual fees charged to its applicants 

and licensees. The final rule inadvertently removed from a fee category description the 

word ‘‘one,’’ which is necessary to indicate the number of government-to-government 

consents included in this fee category. This document corrects the error.

Contact: Arlette Howard, 301-415-1481 or Arlette.Howard@nrc.gov

September 16, 2013

78 FR 56839, Compatibility of Generally Licensed and Exempt Devices, 

(Petition for Rulemaking; Denial)

Summary: The NRC is denying a petition for rulemaking (PRM), dated May 7, 2012, 

submitted by Mr. Sean Chapel (the petitioner) on behalf of the Association of Device 

Distributors and Manufacturer. The petition was assigned Docket No. PRM–32–7. The 

petitioner requested that the NRC create a new regulation for exempt devices similar 

to the NRC’s regulations for generally licensed devices. The petitioner also requested 

that the NRC change the Agreement State compatibility designation of the regulations 

applicable to generally licensed devices that are specified in 10 CFR 31.6 from ‘‘C’’ 

to ‘‘B’’. The NRC is denying the petition because the petitioner fail to present any 

significant new information or arguments that would support the requested changes, 

nor has he demonstrated a need for a new provision for exempt devices. 

Contact: Solomon Sahle, FSME, 301-415-3781 or Solomon.Sahle@nrc.gov 
FALL 2013

continued on page 10 9

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 and new site-specific 

analyses and to permit the development 

of criteria for future LLRW acceptance 

based on the results of these analyses.

The rulemaking package 

(SECY-13-0075 dated 

July 18, 2013) was sent to the 

NRC Commission for review.

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 a medical event for permanent 

implant brachytherapy, training and 

experience requirements, and changes 

to address a request filed in a petition 

for rulemaking.

The rulemaking package 

(SECY-13-0084, dated 

August 8, 2013) was sent to 

the NRC Commission for 

review.  The Commission 

has requested a public 

meeting to hear the views 

of the medical community, 

Agreement States, and the 

staff, before it votes on the 

proposed rule.  The 

meeting is scheduled for 

October 18, 2013.

FINAL RULE

10 CFR Part 71– 

Compatibility with 

Transportation Standards

The proposed rule would amend the 

transportation safety requirements in 

10 CFR Part 71 to make changes to the 

NRC regulations for the packaging and 

transportation of radioactive material.

The NRC published the 

proposed rule in the Federal 

Register on May 16, 2013 

(78 FR 28988). A final rule 

will likely be sent to the 

Commission in June 2014.

DIRECT FINAL RULE

10 CFR Part 73–Safeguard 

Information Modified 

Handling (SGI-M) 

Categorization Change for 

Materials Facilities

The direct final rule and companion 

proposed rule would remove SGI-M 

designation of the security-related information for large irradiators, manufacturer and distributors, and for transport 

of category 1 quantities of radioactive 

material. The rulemaking will also result 

in the removal of the SGI-M designation 

of the security-related information for 

the transportation of irradiated reactor 

fuel that weighs 100 grams or less in 

net weight of irradiated fuel. The 

security-related information for these 

facilities and the transportation of 

certain materials will no longer be designated as SGI-M and would be protected 

under the requirements of the new 

10 Part 37, “Physical Protection of 

Category 1 and Category 2 Quantities 

of Radioactive Material.”

The staff sent the 

Commission a rulemaking 

package on April 24, 2013 

(SECY-13-0045), which the 

Commission approved. 

The direct final rule and 

companion prosed rule will 

likely be published in late 

2013 or early 2014.
FALL 2013

10

PETITIONS

PRM-32-7 Association of 

Device Distributors and 

Manufacturers (ADDM) 

(Sean Chapel)–

10 CFR Part 32

Mr. Sean Chapel submitted a 

petition for rulemaking requesting the 

NRC to revise 10 CFR Part 32 by 

adding a new general license to install 

and service exempt devices. The 

petitioner also asked the NRC to change 

the Agreement State compatibility 

designation of 10 CFR 31.6, “General 

license to install devices generally 

licensed in 10 CFR 31.5.” 

The Commission 

approved the staff’s 

recommendation to deny 

the petition. The petition 

denial was published on 

September 16, 2013 

(78 FR 56839)

PRM-32-8 Campco Petition Campco submitted a petition for 

rulemaking requesting the NRC revise 

10 CFR Part 32 to allow commercial 

distribution of tritium markers.

The receipt and request 

of the petition was published 

in Federal Register on 

July 11, 2013 (78 FR 41720) 

for 75-day public comments.

POLICY STATEMENT

Tribal Policy Statement The FSME staff is developing a tribal policy statement development to describe 

how NRC would effectively interact with 

Native American tribes.

The staff will send a package 

to the Commission in late 

December for its review and 

approval.

PRE-RULEMAKING

10 CFR Part 20, ICRP 

Recommendations 

The rulemaking would revise 

10 CFR Part 20.

FSME is developing technical 

issue papers and will publish 

for stakeholder comment in 

2013.

TO OUR READERS 

We would like to thank you for your interest in our newsletter. In our attempt to keep 

the FSME News Link relevant, we welcome feedback on the contents of the newsletter. 

If you would like to suggest topics, please contact Vanessa Cox, of FSME 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 FSME News Link 

and to prevent any interruption of service, please report any e-mail address changes to 

Ms. Cox at FSME_Newsletter@nrc.gov. 

Please send written correspondence to the following address: 

Vanessa Cox, Editor FSME Licensee Newsletter

Office of Federal and State Materials and

Environmental Management Programs

U.S. Nuclear Regulatory Commission

Two White Flint North, Mail Stop: T-8-F42

Washington, DC 20555-0001