Transportation Security Rulemaking Activities at the U.S. Nuclear Regulatory Commission

Since the formation of the U.S. Nuclear Regulatory Commission (NRC), the agency’s mission has been to regulate civilian, peaceful uses of radioactive material but, at the same time, to ensure adequate protection of the public health and safety, and to promote the common defense and security, and protection of the environment. The events of September 11, 2001 heightened our concerns about the use of special nuclear material (SNM), spent nuclear fuel (SNF), and other radioactive materials in a malicious act. The theft or diversion of such materials, in particular SNF and Category 1 and 2 materials as listed in the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Source (Code of Conduct), during transport could lead to their use in a malicious act. Since 2001, the NRC has evaluated its regulations, identified areas where security could be enhanced and, as an interim solution, issued several orders imposing additional security beyond the existing requirements found in Title 10 of the U.S. Code of Federal Regulations (CFR). With an interim solution in place, the NRC is moving forward with rulemaking to both enhance and put in place additional in-transit security requirements in the CFR. This paper will focus on the NRC’s efforts to improve in-transit security of SNF and Code of Conduct Category 1 and 2 radioactive materials. In general, these enhanced in-transit security requirements will address areas such as preplanning and coordinating shipments, advance notification of shipments to the NRC and U.S. states through which the shipment will pass, control and monitoring of shipments that are underway, trustworthiness and reliability of personnel, and information security considerations.