In the Matter of Transnuclear, Inc., and All Other Persons Who Obtain Safeguards Information Described Herein, 12246-12248 [05-4794]
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12246
Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices
treat all violations of the requirements
contained in 10 CFR 73.21, applicable to
the handling and unauthorized
disclosure of Safeguards Information, as
serious breaches of adequate protection
of the public health and safety and the
common defense and security of the
United States. Access to Safeguards
Information is limited to those persons
who have established the need-to-know
the information, and are considered to
be trustworthy and reliable. A need-toknow means a determination by a
person having responsibility for
protecting Safeguards Information that a
proposed recipient’s access to
Safeguards Information is necessary in
the performance of official, contractual,
or duties of employment. Licensees and
all other persons who obtain Safeguards
Information must ensure that they
develop, maintain and implement strict
policies and procedures for the proper
handling of Safeguards Information to
prevent unauthorized disclosure, in
accordance with the requirements in 10
CFR 73.21. NAC must ensure that all
contractors whose employees may have
access to Safeguards Information either
adhere to the licensee’s policies and
procedures on Safeguards Information
or develop, maintain and implement
their own acceptable policies and
procedures. NAC remains responsible
for the conduct of their contractors. The
policies and procedures necessary to
ensure compliance with applicable
requirements contained in 10 CFR 73.21
must address, at a minimum, the
following: the general performance
requirement that each person who
produces, receives, or acquires
Safeguards Information shall ensure that
Safeguards Information is protected
against unauthorized disclosure;
protection of Safeguards Information at
fixed sites, in use and in storage, and
while in transit; correspondence
containing Safeguards Information;
access to Safeguards Information;
preparation, marking, reproduction and
destruction of documents; external
transmission of documents; use of
automatic data processing systems; and
removal of the Safeguards Information
category.
In order to provide assurance that
NAC is implementing prudent measures
to achieve a consistent level of
protection, to prohibit the unauthorized
disclosure of Safeguards Information,
NAC shall implement the requirements
identified in 10 CFR 73.21. The
Commission recognizes that NAC may
have already initiated many of the
measures set forth in 10 CFR 73.21 to
this Order for handling of Safeguards
Information in conjunction with a
VerDate jul<14>2003
16:40 Mar 10, 2005
Jkt 205001
previous NRC Order. In addition,
pursuant to 10 CFR 2.202, I find that in
light of the common defense and
security matters identified above, which
warrant the issuance of this Order, the
public health, safety and interest require
that this Order be effective immediately.
III
Accordingly, pursuant to Sections 53,
57, 62, 63, 81, 161b, 161i, 161o, 182 and
186 of the Atomic Energy Act of 1954,
as amended, and the Commission’s
regulations in 10 CFR 2.202, and 10 CFR
Part 71, it is hereby ordered, effective
immediately, that NAC international,
Inc., and all other persons who produce,
receive, or acquire the safeguards
information described above, and any
related safeguards information, shall
comply with the requirements of 10 CFR
73.21.
The Director, Office of Nuclear
Materials Safety and Safeguards, may in
writing, relax or rescind any of the
above conditions upon demonstration
by the licensee.
IV
In accordance with 10 CFR 2.202,
NAC must, and any other person
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within twenty (20) days of the date of
this Order. Where good cause is shown,
consideration will be given to extending
the time to request a hearing. A request
for extension of time in which to request
a hearing must be made in writing to the
Director, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, and include a statement of
good cause for the extension. Any
request for a hearing shall be submitted
to the Secretary, Office of the Secretary
of the Commission, U.S. Nuclear
Regulatory Commission, ATTN:
Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also
shall be sent to the Director, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, to the Assistant
General Counsel for Materials Litigation
and Enforcement at the same address,
and to NAC if the hearing request is by
a person other than NAC. Because of
possible disruptions in delivery of mail
to United States Government offices, it
is requested that requests for hearing be
transmitted to the Secretary of the
Commission either by means of
facsimile transmission to 301–415–1101
or by e-mail to hearingdocket@nrc.gov
and also to the Office of the General
Counsel either by means of facsimile
transmission to 301–415–3725 or by e-
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
mail to OGCMailCenter@nrc.gov. If a
person other than NAC requests a
hearing, that person shall set forth with
particularity the manner in which his
interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.714(d).
If a hearing is requested by NAC or a
person whose interest is adversely
affected, the Commission will issue an
Order designating the time and place of
any hearing. If a hearing is held, the
issue to be considered at such hearing
shall be whether this Order should be
sustained.
Pursuant to 10 CFR 2.202(c)(2)(i),
NAC may, in addition to demanding a
hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error. In the
absence of any request for hearing, or
written approval of an extension of time
in which to request a hearing, the
provisions specified in Section III above
shall be final twenty (20) days from the
date of this Order without further order
or proceedings. If an extension of time
for requesting a hearing has been
approved, the provisions specified in
Section III shall be final when the
extension expires if a hearing request
has not been received. A request for
hearing shall not stay the immediate
effectiveness of this Order.
Dated this 3rd day of March, 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 05–4795 Filed 3–10–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–1004 and 72–1027; EA–05–
045]
In the Matter of Transnuclear, Inc., and
All Other Persons Who Obtain
Safeguards Information Described
Herein
Nuclear Regulatory
Commission.
ACTION: Issuance of order imposing
requirements for the protection of
certain safeguards information.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Cynthia Barr, Project Manager,
Licensing and Inspection Directorate,
Spent Fuel Project Office, Office of
E:\FR\FM\11MRN1.SGM
11MRN1
Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Rockville, MD 20852. Telephone: (301)
415–4015; fax number: (301) 415–8555;
e-mail CSB2@nrc.gov.
SUPPLEMENTARY INFORMATION:
I
In accordance with the Atomic Energy
Act of 1954 and 10 CFR part 72,
Transnuclear, Inc., (Transnuclear) holds
Certificate of Compliance No. 1004 for
the Model No. NUHOMS–32PT
storage cask and Certificate of
Compliance No. 1027 for the Model No.
TN–68 storage cask. In a phone call on
January 27, 2005, Transnuclear agreed
to meet with the U.S. Nuclear
Regulatory Commission (NRC) staff with
Safeguards Information security
measures in place. The purpose of the
meeting(s) is to discuss the NRC’s
engineering evaluations performed to
evaluate the safety and security of an
array of NUHOMS–32PT and an array
of TN–68 storage casks. The meeting(s)
will be closed to the public.
Following the September 11, 2001,
simultaneous terrorist events at the
World Trade Center (WTC) in New York
City and at the Pentagon in Virginia, the
U.S. Government issued a nationwide
alert for the potential of additional
terrorist acts within the United States.
The NRC initiated a comprehensive
review of all NRC-licensed activities to
evaluate those activities against threats.
As part of that review, U.S. Nuclear
Regulatory Commission initiated an
engineering study to assess the
consequences of a terrorist event,
similar in magnitude to the WTC and
Pentagon, on spent nuclear fuel
transportation packages and storage
casks. The NRC staff intends to discuss
specific information on the engineering
evaluations performed for the
NUHOMS–32PT and the TN–68
storage casks with Transnuclear.
However, the Commission has
determined that the material to be
discussed at the meeting(s) is
Safeguards Information, will not be
released to the public, and must be
protected from unauthorized disclosure.
Therefore, the Commission is imposing
the requirements, as set forth in 10 CFR
73.21, so that Transnuclear can receive
this information for review and
comment at the closed meeting. This
Order also imposes requirements for the
protection of Safeguards Information in
the hands of any person,1 whether or
1 Person means (1) any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, group, government agency
other than the Commission or the Department,
except that the Department shall be considered a
VerDate jul<14>2003
16:40 Mar 10, 2005
Jkt 205001
not a Licensee of the Commission, who
produces, receives, or acquires
Safeguards Information.
II
The Commission has broad statutory
authority to protect and prohibit the
unauthorized disclosure of Safeguards
Information. Section 147 of the Atomic
Energy Act of 1954, as amended, grants
the Commission explicit authority to
‘‘issue such orders, as necessary to
prohibit the unauthorized disclosure of
safeguards information * * *’’. This
authority extends to information
concerning special nuclear material,
source material, and byproduct material,
as well as production and utilization
facilities. Licensees and all persons who
produce, receive, or acquire Safeguards
Information must ensure proper
handling and protection of Safeguards
Information to avoid unauthorized
disclosure in accordance with the
specific requirements for the protection
of Safeguards Information as contained
in 10 CFR 73.21. The Commission
hereby provides notice that it intends to
treat all violations of the requirements
contained in 10 CFR 73.21, applicable to
the handling and unauthorized
disclosure of Safeguards Information, as
serious breaches of adequate protection
of the public health and safety and the
common defense and security of the
United States. Access to Safeguards
Information is limited to those persons
who have established the need-to-know
the information, and are considered to
be trustworthy and reliable. A need-toknow means a determination by a
person having responsibility for
protecting Safeguards Information that a
proposed recipient’s access to
Safeguards Information is necessary in
the performance of official, contractual,
or duties of employment. Licensees and
all other persons who obtain Safeguards
Information must ensure that they
develop, maintain and implement strict
policies and procedures for the proper
handling of Safeguards Information to
prevent unauthorized disclosure, in
accordance with the requirements in 10
CFR 73.21. Transnuclear must ensure
that all contractors whose employees
may have access to Safeguards
Information either adhere to the
licensee’s policies and procedures on
Safeguards Information or develop,
person with respect to those facilities of the
Department specified in section 202 of the Energy
Reorganization Act of 1974 (88 Stat. 1244), any
State or any political subdivision of, or any political
entity within a State, any foreign government or
nation or any political subdivision of any such
government or nation, or other entity; and (2) any
legal successor, representative, agent, or agency of
the foregoing.
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
12247
maintain and implement their own
acceptable policies and procedures.
Transnuclear remains responsible for
the conduct of their contractors. The
policies and procedures necessary to
ensure compliance with applicable
requirements contained in 10 CFR 73.21
must address, at a minimum, the
following: The general performance
requirement that each person who
produces, receives, or acquires
Safeguards Information shall ensure that
Safeguards Information is protected
against unauthorized disclosure;
protection of Safeguards Information at
fixed sites, in use and in storage, and
while in transit; correspondence
containing Safeguards Information;
access to Safeguards Information;
preparation, marking, reproduction and
destruction of documents; external
transmission of documents; use of
automatic data processing systems; and
removal of the Safeguards Information
category.
In order to provide assurance that
Transnuclear is implementing prudent
measures to achieve a consistent level of
protection, to prohibit the unauthorized
disclosure of Safeguards Information,
Transnuclear shall implement the
requirements identified in 10 CFR
73.21. The Commission recognizes that
Transnuclear may have already initiated
many of the measures set forth in 10
CFR 73.21 to this Order for handling of
Safeguards Information in conjunction
with a previous NRC Order. In addition,
pursuant to 10 CFR 2.202, I find that in
light of the common defense and
security matters identified above, which
warrant the issuance of this Order, the
public health, safety and interest require
that this Order be effective immediately.
III
Accordingly, pursuant to Sections 53,
57, 62, 63, 81, 161b, 161i, 161o, 182 and
186 of the Atomic Energy Act of 1954,
as amended, and the Commission’s
regulations in 10 CFR 2.202, and 10 CFR
part 72, it is hereby ordered, effective
immediately, that Transnuclear, Inc.,
and all other persons who produce,
receive, or acquire the safeguards
information described above, and any
related safeguards information, shall
comply with the requirements of 10 CFR
73.21.
The Director, Office of Nuclear
Materials Safety and Safeguards, may in
writing, relax or rescind any of the
above conditions upon demonstration
by the licensee.
IV
In accordance with 10 CFR 2.202,
Transnuclear must, and any other
person adversely affected by this Order
E:\FR\FM\11MRN1.SGM
11MRN1
12248
Federal Register / Vol. 70, No. 47 / Friday, March 11, 2005 / Notices
may, submit an answer to this Order,
and may request a hearing on this
Order, within twenty (20) days of the
date of this Order. Where good cause is
shown, consideration will be given to
extending the time to request a hearing.
A request for extension of time in which
to request a hearing must be made in
writing to the Director, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555, and include a
statement of good cause for the
extension. Any request for a hearing
shall be submitted to the Secretary,
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, ATTN: Rulemakings and
Adjudications Staff, Washington, DC
20555. Copies also shall be sent to the
Director, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, to the Assistant General
Counsel for Materials Litigation and
Enforcement at the same address, and to
Transnuclear if the hearing request is by
a person other than Transnuclear.
Because of possible disruptions in
delivery of mail to United States
Government offices, it is requested that
requests for hearing be transmitted to
the Secretary of the Commission either
by means of facsimile transmission to
301–415–1101 or by e-mail to
hearingdocket@nrc.gov and also to the
Office of the General Counsel either by
means of facsimile transmission to 301–
415–3725 or by e-mail to
OGCMailCenter@nrc.gov. If a person
other than Transnuclear requests a
hearing, that person shall set forth with
particularity the manner in which his
interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.714(d).
If a hearing is requested by
Transnuclear or a person whose interest
is adversely affected, the Commission
will issue an Order designating the time
and place of any hearing. If a hearing is
held, the issue to be considered at such
hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i),
Transnuclear may, in addition to
demanding a hearing, at the time the
answer is filed or sooner, move the
presiding officer to set aside the
immediate effectiveness of the Order on
the ground that the Order, including the
need for immediate effectiveness, is not
based on adequate evidence but on mere
suspicion, unfounded allegations, or
error. In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section III above shall be final twenty
VerDate jul<14>2003
16:40 Mar 10, 2005
Jkt 205001
(20) days from the date of this Order
without further order or proceedings. If
an extension of time for requesting a
hearing has been approved, the
provisions specified in Section III shall
be final when the extension expires if a
hearing request has not been received. A
request for hearing shall not stay the
immediate effectiveness of this Order.
Dated this 3rd day of March, 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 05–4794 Filed 3–10–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Office of Nuclear Material Safety and
Safeguards: Status of
Decommissioning Program—2004
Annual Report; Notice of Availability
Nuclear Regulatory
Commission.
ACTION: Notice of availability.
AGENCY:
John
T. Buckley, Mail Stop: T–7E18,
Decommissioning Directorate, Division
of Waste Management and
Environmental Protection, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001,
Telephone: (301) 415–6607, and
Internet: jtb@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Summary
The Nuclear Regulatory Commission’s
(NRC’s) Office of Nuclear Material
Safety and Safeguards (NMSS) is
announcing the availability of NUREG–
1814, ‘‘Status of Decommissioning
Program—2004 Annual Report.’’ This
NUREG provides a comprehensive
overview of the NRC’s decommissioning
program. Its purpose is to provide a
stand-alone reference document which
describes the decommissioning process
and summarizes the current status of all
decommissioning activities including
the decommissioning of complex
decommissioning sites, commercial
reactors, research and test reactors,
uranium mill tailings facilities; and fuel
cycle facilities. In addition, this report
discusses accomplishments in the
decommissioning program since
publication of the 2003 annual report
(SECY–03–0161); and it identifies the
key decommissioning program issues
which the staff will address in fiscal
year (FY) 2005.
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
II. Further Information
NUREG–1814 is available for
inspection and copying for a fee at the
Commission’s Public Document Room,
U.S. NRC’s Headquarters Building,
11555 Rockville Pike (First Floor),
Rockville, Maryland. The Public
Document Room is open from 7:45 a.m.
to 4:15 p.m., Monday through Friday,
except on Federal holidays.
NUREG–1814 is also available for
inspection at NRC’s Public Electronic
Reading Room at: https://www.nrc.gov/
NRC/ADAMS/. The ADAMS
Accession No. for the NUREG is
ML050480398. Copies of NUREG–1814
may be purchased from one of these two
sources: (1) The Superintendent of
Documents, U.S. Government Printing
Office, Mail Stop: SSOP, Washington,
DC 20402–0001; Internet: https://
bookstore.gpo.gov; telephone: 202–512–
1800; fax: 202–512–2250; or (2) The
National Technical Information Service,
Springfield, VA 22161–0002, Internet:
https://www.ntis.gov; telephone 1–800–
553–6847 or, locally, 703–605–6000.
Dated in Rockville, Maryland, this 4th day
of March, 2005.
For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning
Directorate, Division of Waste Management
and Environmental Protection, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 05–4791 Filed 3–10–05; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Proposed Data Collection; Comment
Request
SUMMARY: In accordance with the
requirement of Section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board will publish periodic summaries
of proposed data collections.
Comments Are Invited on: (a)
Whether the proposed information
collection is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility; (b) the
accuracy of the RRB’s estimate of the
burden of the collection of the
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden related to
the collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
E:\FR\FM\11MRN1.SGM
11MRN1
]]>Agencies
[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Notices]
[Pages 12246-12248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4794]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-1004 and 72-1027; EA-05-045]
In the Matter of Transnuclear, Inc., and All Other Persons Who
Obtain Safeguards Information Described Herein
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of order imposing requirements for the protection of
certain safeguards information.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Cynthia Barr, Project Manager,
Licensing and Inspection Directorate, Spent Fuel Project Office, Office
of
[[Page 12247]]
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Rockville, MD 20852. Telephone: (301) 415-4015; fax number:
(301) 415-8555; e-mail CSB2@nrc.gov.
SUPPLEMENTARY INFORMATION:
I
In accordance with the Atomic Energy Act of 1954 and 10 CFR part
72, Transnuclear, Inc., (Transnuclear) holds Certificate of Compliance
No. 1004 for the Model No. NUHOMS[reg]-32PT storage cask and
Certificate of Compliance No. 1027 for the Model No. TN-68 storage
cask. In a phone call on January 27, 2005, Transnuclear agreed to meet
with the U.S. Nuclear Regulatory Commission (NRC) staff with Safeguards
Information security measures in place. The purpose of the meeting(s)
is to discuss the NRC's engineering evaluations performed to evaluate
the safety and security of an array of NUHOMS[reg]-32PT and an array of
TN-68 storage casks. The meeting(s) will be closed to the public.
Following the September 11, 2001, simultaneous terrorist events at
the World Trade Center (WTC) in New York City and at the Pentagon in
Virginia, the U.S. Government issued a nationwide alert for the
potential of additional terrorist acts within the United States. The
NRC initiated a comprehensive review of all NRC-licensed activities to
evaluate those activities against threats. As part of that review, U.S.
Nuclear Regulatory Commission initiated an engineering study to assess
the consequences of a terrorist event, similar in magnitude to the WTC
and Pentagon, on spent nuclear fuel transportation packages and storage
casks. The NRC staff intends to discuss specific information on the
engineering evaluations performed for the NUHOMS[reg]-32PT and the TN-
68 storage casks with Transnuclear. However, the Commission has
determined that the material to be discussed at the meeting(s) is
Safeguards Information, will not be released to the public, and must be
protected from unauthorized disclosure. Therefore, the Commission is
imposing the requirements, as set forth in 10 CFR 73.21, so that
Transnuclear can receive this information for review and comment at the
closed meeting. This Order also imposes requirements for the protection
of Safeguards Information in the hands of any person,\1\ whether or not
a Licensee of the Commission, who produces, receives, or acquires
Safeguards Information.
---------------------------------------------------------------------------
\1\ Person means (1) any individual, corporation, partnership,
firm, association, trust, estate, public or private institution,
group, government agency other than the Commission or the
Department, except that the Department shall be considered a person
with respect to those facilities of the Department specified in
section 202 of the Energy Reorganization Act of 1974 (88 Stat.
1244), any State or any political subdivision of, or any political
entity within a State, any foreign government or nation or any
political subdivision of any such government or nation, or other
entity; and (2) any legal successor, representative, agent, or
agency of the foregoing.
---------------------------------------------------------------------------
II
The Commission has broad statutory authority to protect and
prohibit the unauthorized disclosure of Safeguards Information. Section
147 of the Atomic Energy Act of 1954, as amended, grants the Commission
explicit authority to ``issue such orders, as necessary to prohibit the
unauthorized disclosure of safeguards information * * *''. This
authority extends to information concerning special nuclear material,
source material, and byproduct material, as well as production and
utilization facilities. Licensees and all persons who produce, receive,
or acquire Safeguards Information must ensure proper handling and
protection of Safeguards Information to avoid unauthorized disclosure
in accordance with the specific requirements for the protection of
Safeguards Information as contained in 10 CFR 73.21. The Commission
hereby provides notice that it intends to treat all violations of the
requirements contained in 10 CFR 73.21, applicable to the handling and
unauthorized disclosure of Safeguards Information, as serious breaches
of adequate protection of the public health and safety and the common
defense and security of the United States. Access to Safeguards
Information is limited to those persons who have established the need-
to-know the information, and are considered to be trustworthy and
reliable. A need-to-know means a determination by a person having
responsibility for protecting Safeguards Information that a proposed
recipient's access to Safeguards Information is necessary in the
performance of official, contractual, or duties of employment.
Licensees and all other persons who obtain Safeguards Information must
ensure that they develop, maintain and implement strict policies and
procedures for the proper handling of Safeguards Information to prevent
unauthorized disclosure, in accordance with the requirements in 10 CFR
73.21. Transnuclear must ensure that all contractors whose employees
may have access to Safeguards Information either adhere to the
licensee's policies and procedures on Safeguards Information or
develop, maintain and implement their own acceptable policies and
procedures. Transnuclear remains responsible for the conduct of their
contractors. The policies and procedures necessary to ensure compliance
with applicable requirements contained in 10 CFR 73.21 must address, at
a minimum, the following: The general performance requirement that each
person who produces, receives, or acquires Safeguards Information shall
ensure that Safeguards Information is protected against unauthorized
disclosure; protection of Safeguards Information at fixed sites, in use
and in storage, and while in transit; correspondence containing
Safeguards Information; access to Safeguards Information; preparation,
marking, reproduction and destruction of documents; external
transmission of documents; use of automatic data processing systems;
and removal of the Safeguards Information category.
In order to provide assurance that Transnuclear is implementing
prudent measures to achieve a consistent level of protection, to
prohibit the unauthorized disclosure of Safeguards Information,
Transnuclear shall implement the requirements identified in 10 CFR
73.21. The Commission recognizes that Transnuclear may have already
initiated many of the measures set forth in 10 CFR 73.21 to this Order
for handling of Safeguards Information in conjunction with a previous
NRC Order. In addition, pursuant to 10 CFR 2.202, I find that in light
of the common defense and security matters identified above, which
warrant the issuance of this Order, the public health, safety and
interest require that this Order be effective immediately.
III
Accordingly, pursuant to Sections 53, 57, 62, 63, 81, 161b, 161i,
161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202, and 10 CFR part 72, it is
hereby ordered, effective immediately, that Transnuclear, Inc., and all
other persons who produce, receive, or acquire the safeguards
information described above, and any related safeguards information,
shall comply with the requirements of 10 CFR 73.21.
The Director, Office of Nuclear Materials Safety and Safeguards,
may in writing, relax or rescind any of the above conditions upon
demonstration by the licensee.
IV
In accordance with 10 CFR 2.202, Transnuclear must, and any other
person adversely affected by this Order
[[Page 12248]]
may, submit an answer to this Order, and may request a hearing on this
Order, within twenty (20) days of the date of this Order. Where good
cause is shown, consideration will be given to extending the time to
request a hearing. A request for extension of time in which to request
a hearing must be made in writing to the Director, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and include a statement of good cause for the
extension. Any request for a hearing shall be submitted to the
Secretary, Office of the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, ATTN: Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also shall be sent to the Director, Office
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, to the Assistant General Counsel for
Materials Litigation and Enforcement at the same address, and to
Transnuclear if the hearing request is by a person other than
Transnuclear. Because of possible disruptions in delivery of mail to
United States Government offices, it is requested that requests for
hearing be transmitted to the Secretary of the Commission either by
means of facsimile transmission to 301-415-1101 or by e-mail to
hearingdocket@nrc.gov and also to the Office of the General Counsel
either by means of facsimile transmission to 301-415-3725 or by e-mail
to OGCMailCenter@nrc.gov. If a person other than Transnuclear requests
a hearing, that person shall set forth with particularity the manner in
which his interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by Transnuclear or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), Transnuclear may, in addition to
demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error. In the absence of any request for
hearing, or written approval of an extension of time in which to
request a hearing, the provisions specified in Section III above shall
be final twenty (20) days from the date of this Order without further
order or proceedings. If an extension of time for requesting a hearing
has been approved, the provisions specified in Section III shall be
final when the extension expires if a hearing request has not been
received. A request for hearing shall not stay the immediate
effectiveness of this Order.
Dated this 3rd day of March, 2005.
For the Nuclear Regulatory Commission.
Margaret V. Federline,
Deputy Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 05-4794 Filed 3-10-05; 8:45 am]
BILLING CODE 7590-01-P
