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NRC RIN: 3150-AK94 Publication ID: Fall 2023 
Title: Physical Protection of Byproduct Material [NRC-2023-0062](Section 610 Review) 

On March 19, 2013, the U.S. Nuclear Regulatory Commission (NRC) promulgated Physical Protection of Byproduct Material (78 FR 16922). The rule amended NRC’s regulations to establish security requirements for the use and transport of category 1 and category 2 quantities of radioactive material. Subsequently, on September 30, 2014, the NRC promulgated Safeguards Information--Modified Handling Categorization; Change for Materials Facilities (79 FR 58664), to protect security-related information for large irradiators, manufacturers and distributors, and for the transport of category 1 quantities of radioactive material using the information protection requirements in Part 37. This new entry in the regulatory agenda announces that NRC plans to conduct a review of this action pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to determine if the provisions that could affect small entities should be continued without change or should be rescinded or amended to minimize adverse economic impacts on small entities. As part of this review, NRC will consider the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. As part of this review, the NRC will solicit public comments


Agency: Nuclear Regulatory Commission(NRC)  Priority: Info./Admin./Other 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 10 CFR 20    10 CFR 30    10 CFR 32    10 CFR 33    10 CFR 34    10 CFR 35    10 CFR 36    10 CFR 37    10 CFR 39    10 CFR 51    10 CFR 71    10 CFR 73    10 CFR 150   
Legal Authority: 42 U.S.C. 2201    42 U.S.C. 5841   
Legal Deadline:  None
Action Date FR Cite
Begin Review  11/00/2023 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Jill Shepherd
Nuclear Regulatory Commission
Office of Nuclear Material Safety and Safeguards,
Washington, DC 20555-0001
Phone:301 415-1230