As published in the February 25 Federal Register, the NRC has discontinued the following three rulemaking activities:
Security and MC&A requirements: In December 2007, the NRC proposed a rule regarding security measures for the protection of spent nuclear fuel, high-level radioactive waste, and other radioactive material at a geologic repository licensed under 10 CFR Part 63, Disposal of High-Level Radioactive Wastes in a Geologic Repository at Yucca Mountain, Nevada.
The rule would have amended the NRC’s regulations to revise the security requirements and material control and accounting requirements for a geologic repository operations area, setting new requirements for training, access authorization, defensive strategies, and reporting. Proposed in response to the events of September 11, 2001, the rule would have focused on strengthening, streamlining, and consolidating all repository material control and accounting regulations. It also would have required an emergency plan to address radiological emergencies.
In addition to changing priorities under EO 14300, the NRC said it decided not to proceed with the rulemaking due to the amount of time that has passed since it was first proposed.
Fitness-for-duty requirements: In 2008, the NRC began plans for a rulemaking that would have amended regulations regarding the fitness-for-duty requirements for personnel at a geologic repository. The rule would have imposed fatigue provisions on security personnel and reinstated the alcohol and drug provisions of the fitness-for-duty requirements.
Protections for spent fuel: In 2015, the NRC began plans for a rulemaking on “enhanced weapons for spent fuel storage installations and transportation” that would have amended the agency’s regulations to implement the authority in Section 161A of the Atomic Energy Act of 1954, as amended, related to access to enhanced weapons and associated firearms background checks for the protection of spent fuel.
According to the NRC, the rule would have designated additional classes of facilities and activities appropriate for Section 161A authority as a follow-on to the agency’s original enhanced weapons rule. The NRC said it decided to terminate work on the follow-on rule due to a lack of expressed interest from NRC licensees interested in obtaining enhanced weapons authority.
“If in the future the NRC receives a license application for a class of facility not already eligible for enhanced weapons authority, the commission may grant such authority via order or license condition,” the NRC said.
Next step: The NRC is to update the next edition of the agency’s Unified Agenda of Regulatory and Deregulatory Actions to reflect the discontinued status of the three rulemaking activities.
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