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Part 37 Physical Protection of Byproduct Material

Proposed Part 37 aims to prevent theft/diversion of radioactive materials, with access authorization, security measures, background checks, and transportation protocols. The rule suggests security plans, LLEA coordination, and annual program reviews. It also covers transit security and specific requirements for Category 1 and 2 materials. Timeline includes public comment period, draft guidance release, public meetings, and final rule submission.

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Part 37 Physical Protection of Byproduct Material

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  1. Part 37Physical Protection of Byproduct Material Kevin Hsueh Office of Federal and State Materials and Environmental Management Programs HPS Annual Meeting/CRSO Biennial Meeting July 1, 2010

  2. Rule Objective • Provide reasonable assurance of preventing the theft or diversion of category 1 and category 2 quantities of radioactive material for malevolent use

  3. Proposed Rule • Create new Part 37 for security of byproduct material • Category 1 and Category 2 • Irradiated fuel (<100 grams) • Conforming changes to Parts 30, 32, 33, 34, 35, 36, 39, 51, 71, and 73

  4. Major Provisions • Access Authorization Program – Subpart B • Security During use – Subpart C • Transportation Security – Subpart D

  5. Subpart B - Access Authorization Program • Limit unescorted access to authorized individuals • Background investigation • Initial • Every 10 years • Relief for certain categories of individuals • Provision for transfer of information

  6. Access Authorization Program cont. • Determinations made by approved reviewing officials • Right to correct and complete information • Protection of information • Annual program review

  7. Background Investigation Elements • Fingerprinting and criminal history record check • Verification of true identity • Work and education history evaluation • Credit history evaluation • Character and reputation determination • Criminal history review

  8. Subpart C - Physical Protection Requirements During Use • Security plan • Procedures • Training • Protection of information • LLEA coordination • LLEA notification of temporary jobsites

  9. Physical Protection Requirements During Use cont. • Security zones • Monitoring and detection • Assessment and response • Maintenance and testing • Mobile device measures • Annual program review • Reporting of events

  10. Subpart D - Physical Protection During Transit • Verification of license before transfer • Preplanning and coordination • Advance notifications (category 1 only) • Reporting of events

  11. Transportation Security – Category 1 • Use carriers with movement control centers to actively monitor shipments • Monitoring by a telemetric position monitoring system • Primary/backup communications • Procedures/training

  12. Transportation Security – Category 2 • Constant control and/or surveillance • Capability for immediate communication • Carriers with package tracking systems that require signature prior to release of package

  13. Requesting Specific Comment • Fingerprinting of reviewing official • Background investigation elements • Protection of information • LLEA notification at temporary jobsites • Reporting requirements • Disabling vehicle exemption • License/address verification for transfer • NRC-approved monitoring plan for railroad classification yard

  14. Part 37 - Timeline • Published for comment June 15 (120 days) • Comments due October 13 • Draft implementation guidance (ML101470684) • Public meetings (2) on guidance in September • Final rule to Commission – summer/fall 2011

  15. Questions?

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