Implementing a Modified Small Quantities Protocol in the U.S. Caribbean Territories—Hurricane Maria and Other Challenges

The Agreement between the United States of America (U.S.) and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco) (Information Circular (INFCIRC)/366) entered into force on April 6, 1989. When INFCIRC/366 was signed, the U.S. and the IAEA also concluded a Small Quantities Protocol (SQP) to the agreement that held in abeyance a majority of the IAEA reporting and access requirements. In 2005, the IAEA identified proliferation concerns associated with holding most of the requirements in abeyance through an SQP, and has since urged States with an original SQP to adopt the amended model SQP. The U.S. Nuclear Regulatory Commission (NRC) initiated rulemaking in 2016 to revise Title 10 of the Code of Federal Regulations (10 CFR), Part 75, “Safeguards on Nuclear Material-Implementation of Safeguards Agreements Between the U.S. and the IAEA,” to incorporate the new requirements of the modified SQP. In parallel with the rulemaking revision, the NRC staff has taken actions to prepare for the implementation of the modified SQP. Preparations have included interagency coordination within the U.S. government, and interactions with IAEA staff to finalize the Subsidiary Arrangements for the modified SQP and the Location Outside Facilities Attachment (LOFA), and to review a draft of the initial Physical Inventory Listing (PIL). In addition, NRC staff and analysts from the Nuclear Materials Management and Safeguards System (NMMSS) held a workshop in Puerto Rico for NRC licensees impacted by the modified SQP and the proposed changes in 10 CFR Part 75, focusing on the new reporting requirements for licensees that will come into effect when the Agreement enters into force. These NRC licensees in Puerto Rico were adversely affected by the catastrophic category 5 Hurricane Maria in September 2017, including extended power outages and other major infrastructure damage across the island. This paper will address the current status of implementation of the modified SQP in the U.S. Caribbean Territories, including unforeseen challenges following Hurricane Maria.