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GAO-13-513R 1 (2013-04-04)

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          GAO
        Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-324617


          April 4, 2013

          The Honorable Barbara Boxer
          Chairman
          The Honorable David Vitter
          Ranking Member
          Committee on Environment and Public Works
          United States Senate

          The Honorable Fred Upton
          Chairman
          The Honorable Henry A. Waxman
          Ranking Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Nuclear Regulatory Commission; Physical Protection of Byproduct Material

          Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Nuclear Regulatory Commission, (NRC) entitled
          Physical Protection of Byproduct Material (RIN: 3150-AI12). We received the rule
          on March 21, 2013. It was published in the Federal Register as a final rule on
          March 19, 2013, with an effective date of May 20, 2013, and a compliance date of
          March 19, 2014. 78 Fed. Reg. 16,922.

          The final rule establishes security requirements for the use and transport of
          category 1 and category 2 quantities of radioactive material. NRC considers these
          quantities to be risk significant and, therefore, to warrant additional protection.
          Category 1 and category 2 thresholds are based on the quantities established by the
          International Atomic Energy Agency (IAEA) in its Code of Conduct on the Safety and
          Security of Radioactive Sources, which the NRC endorses. The objective of this
          final rule is to provide reasonable assurance of preventing the theft or diversion of
          category 1 and category 2 quantities of radioactive material. The regulations also
          include security requirements for the transportation of irradiated reactor fuel that
          weighs 100 grams or less in net weight of irradiated fuel. The final rule affects any
          licensee that possesses an aggregated category 1 or category 2 quantity of
          radioactive material, any licensee that transports these materials using ground
          transportation, and any licensee that transports small quantities of irradiated reactor


GAO-13-513R

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