In the Matter of All Licensees Authorized To Possess Radioactive Material Quantities of Concern, Order Imposing Increased Controls (Effective Immediately), 72128-72132 [E5-6718]
Download as PDF
72128
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Notices
Wednesday, December 14, 2005
8:30 a.m.–8:45 a.m.: Opening
Statement (Open)—The ACNW
Chairman will make opening remarks
regarding the conduct of today’s
sessions.
8:45 a.m.–10:45 a.m.: Preparation of
ACNW Reports/Letters (Open)—The
Committee will discuss proposed
ACNW reports on matters considered
during this and/or previous meetings.
11 a.m.–12 noon.: Generalized
Composite Modeling (Open)—The
Committee will hear presentations by
and hold discussions with
representatives of the United States
Geological Survey and the NRC Office of
Nuclear Regulatory Research regarding
demonstrations of the generalized
composite approach to the modeling of
reactive transport phenomena.
1:30 p.m.–3:30 p.m.: Preparation for
Commission Briefing (Open)—The
Committee will review the final
presentations in preparation for the
Commission briefing on January 11,
2006.
3:45 p.m.–5:30 p.m.: Preparation of
ACNW Reports/Letters, Continued
(Open).
Thursday, December 15, 2005
10 a.m.–10:15 a.m.: Opening Remarks
by the ACNW Chairman (Open)—The
ACNW Chairman will make opening
remarks regarding the conduct of
today’s sessions.
10:15 a.m.–11:45 a.m.: Discussion of
ACNW Reports/Letters (Open)—The
Committee will discuss prepared draft
letters and determine whether letters
would be written on topics discussed
during the meeting.
11:45 a.m.–12:45 p.m.: Miscellaneous
(Open)—The Committee will discuss
matters related to the conduct of ACNW
activities, and specific issues that were
not completed during previous
meetings, as time and availability of
information permit. Discussions may
include future committee meetings.
Procedures for the conduct of and
participation in ACNW meetings were
published in the Federal Register on
October 11, 2005 (70 FR 59081). In
accordance with these procedures, oral
or written statements may be presented
by members of the public. Electronic
recordings will be permitted only
during those portions of the meeting
that are open to the public. Persons
desiring to make oral statements should
notify Ms. Sharon A. Steele, (Telephone
301–415–6805), between 8 a.m. and 4
p.m. e.t., as far in advance as practicable
so that appropriate arrangements can be
made to schedule the necessary time
during the meeting for such statements.
VerDate Aug<31>2005
14:47 Nov 30, 2005
Jkt 208001
Use of still, motion picture, and
television cameras during this meeting
will be limited to selected portions of
the meeting as determined by the
ACNW Chairman. Information regarding
the time to be set aside for taking
pictures may be obtained by contacting
the ACNW office prior to the meeting.
In view of the possibility that the
schedule for ACNW meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should
notify Ms. Steele as to their particular
needs.
Further information regarding topics
to be discussed, whether the meeting
has been canceled or rescheduled, the
Chairman’s ruling on requests for the
opportunity to present oral statements
and the time allotted, therefore can be
obtained by contacting Ms. Steele.
ACNW meeting agenda, meeting
transcripts, and letter reports are
available through the NRC Public
Document Room (PDR) at pdr@nrc.gov,
or by calling the PDR at 1–800–397–
4209, or from the Publicly Available
Records System component of NRC’s
document system (ADAMS) which is
accessible from the NRC Web site at
https://www.nrc.gov/reading-rm/
adams.html or https://www.nrc.gov/
reading-rm/doc-collections/ (ACRS &
ACNW Mtg schedules/agendas).
Video Teleconferencing service is
available for observing open sessions of
ACNW meetings. Those wishing to use
this service for observing ACNW
meetings should contact Mr. Theron
Brown, ACNW Audiovisual Technician
(301–415–8066), between 7:30 a.m. and
3:45 p.m. e.t., at least 10 days before the
meeting to ensure the availability of this
service. Individuals or organizations
requesting this service will be
responsible for telephone line charges
and for providing the equipment and
facilities that they use to establish the
video teleconferencing link. The
availability of video teleconferencing
services is not guaranteed.
The ACNW meeting dates for
Calendar Year 2006 are provided below:
ACNW
meeting
No.
167 ..........
168 ..........
169 ..........
170 ..........
171 ..........
172 ..........
173 ..........
PO 00000
Frm 00026
Date
January 10–12, 2006.
February (No Meeting).
March 22–24, 2006.
April 18–20, 2006.
May 23–25, 2006.
June (No Meeting).
July 17–20, 2006.
August 2005 (No Meeting).
September 19–21, 2006.
October (No Meeting).
November 15–17, 2006.
Fmt 4703
Sfmt 4703
ACNW
meeting
No.
174 ..........
Date
December 12–14, 2006.
Dated: November 23, 2005.
Andrew L. Bates,
Advisory Committee Management Officer.
[FR Doc. E5–6716 Filed 11–30–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos: (Redacted), License Nos:
(Redacted), EA–05–090]
In the Matter of All Licensees
Authorized To Possess Radioactive
Material Quantities of Concern, Order
Imposing Increased Controls (Effective
Immediately)
I
The Licensees identified in
Attachment A 1 to this Order hold
licenses issued in accordance with the
Atomic Energy Act of 1954 by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) authorizing them to
possess certain quantities of radioactive
material of concern. Commission
regulations at 10 CFR 20.1801 require
Licensees to secure, from unauthorized
removal or access, licensed materials
that are stored in controlled or
unrestricted areas. Commission
regulations at 10 CFR 20.1802 require
Licensees to control and maintain
constant surveillance of licensed
material that is in a controlled or
unrestricted area and that is not in
storage.
II
Prior to the terrorist attacks of
September 11, 2001 (9/11), several
national and international efforts were
underway to address the potentially
significant health and safety hazards
posed by uncontrolled sources. These
efforts recognized the need for increased
control of high-risk radioactive
materials to prevent inadvertent and
intentional unauthorized access,
primarily due to the potential health
and safety hazards posed by the
uncontrolled material. Following 9/11,
it was recognized that these efforts
should also include a heightened
awareness and focus on the need to
prevent intentional unauthorized access
due to potential malicious acts. These
efforts, such as the International Atomic
Energy Agency (IAEA) Code of Conduct
1 Attachment A contains sensitive information
and will not be released to the public.
E:\FR\FM\01DEN1.SGM
01DEN1
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Notices
on the Safety and Security of
Radioactive Sources (Code of Conduct)
concerning Category 1 and 2 sources,
seek to increase the control over sources
to prevent unintended radiation
exposure and to prevent malicious acts.
A Licensee’s loss of control of highrisk radioactive sources, whether it be
inadvertent or through a deliberate act,
has a potential to result in significant
adverse health impacts and could
reasonably constitute a threat to the
public health and safety. In this regard,
the Commission has determined that
certain additional controls are required
to be implemented by Licensees to
supplement existing regulatory
requirements in 10 CFR 20.1801 and 10
CFR 20.1802, in order to ensure
adequate protection of, and minimize
danger to, the public health and safety.
Therefore, the Commission is imposing
the requirements set forth in
Attachment B on radioactive materials
Licensees who possess, or have near
term plans to possess, radionuclides of
concern at or above threshold limits,
identified in Table 1. These
requirements, which supplement
existing regulatory requirements, will
provide the Commission with
reasonable assurance that the public
health and safety continues to be
adequately protected. These
requirements will remain in effect until
the Commission modifies its regulations
to reflect increased controls.
To effect nationwide implementation,
these measures have been determined
by the Commission to be an immediate
mandatory Category ‘‘B’’ matter of
compatibility for Agreement States. In
parallel with the Commission’s issuance
of this Order, each Agreement State is
required to issue legally binding
requirements to put essentially identical
measures in place for Licensees under
their regulatory jurisdiction.
The Commission recognizes that
Licensees may have already initiated
many controls set forth in Attachment B
to this Order in response to previously
issued advisories or on their own. It is
also recognized that some controls may
not be possible or necessary at some
sites, or may need to be tailored to
accommodate the Licensees’ specific
circumstances to achieve the intended
objectives and avoid any unforeseen
adverse effect on the safe use and
storage of the sealed sources.
Although the additional controls
implemented by the Licensees in
response to the Safeguards and Threat
Advisories have been adequate to
provide reasonable assurance of
adequate protection of public health and
safety, the Commission concludes that
additional controls must be imposed by
VerDate Aug<31>2005
14:47 Nov 30, 2005
Jkt 208001
an Order, consistent with the
established regulatory framework.
To provide assurance that the
Licensees are implementing prudent
measures to achieve a consistent level of
control, all Licensees who hold licenses
issued by the NRC authorizing
possession of radioactive material
quantities of concern and as listed in
Table 1, ‘‘Radionuclides of Concern,’’
(Attachment B, Table 1), shall
implement the requirements identified
in Attachment B to this Order. In
addition, pursuant to 10 CFR 2.202,
because of the potentially significant
adverse health impacts associated with
failure to control high risk radioactive
sources, I find that the public health,
safety, and interest require that this
Order be effective immediately.
III
Accordingly, pursuant to Sections 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, 10 CFR part 30, and 10 CFR
part 33, it is hereby ordered, effective
immediately, that all Licensees
identified in attachment A to this order
shall comply with the requirements of
this order as follows:
A. The Licensee shall comply with
the requirements described in
Attachment B to this Order. The
Licensee shall complete implementation
by May 13, 2006, or the first day that
radionuclides of concern at or above
threshold limits, identified in Table 1,
are possessed, whichever occurs later.
B.1. The Licensee shall in writing,
within twenty five (25) days of the date
of this Order, notify the Commission, (1)
If it is unable to comply with any of the
requirements described in Attachment
B, (2) if compliance with any of the
requirements is unnecessary in its
specific circumstances, or (3) if
implementation of any of the
requirements would cause the Licensee
to be in violation of the provisions of
any Commission regulation or its
license. The notification shall provide
the Licensee’s justification for seeking
relief from or variation of any specific
requirement.
B.2. If the Licensee considers that
implementation of any of the
requirements described in Attachment B
to this Order would adversely impact
safe operation of the facility, the
Licensee must notify the Commission,
in writing, within twenty five (25) days
of this Order, of the adverse safety
impact, the basis for its determination
that the requirement has an adverse
safety impact, and either a proposal for
achieving the same objectives specified
in the Attachment B requirement in
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
72129
question, or a schedule for modifying
the facility to address the adverse safety
condition. If neither approach is
appropriate, the Licensee must
supplement its response to Condition
B.1 of this Order to identify the
condition as a requirement with which
it cannot comply, with attendant
justifications as required in Condition
B.1.
C.1. The Licensee shall, within twenty
five (25) days of the date of this Order,
submit to the Commission a schedule
for completion of each requirement
described in Attachment B.
C.2. The Licensee shall report to the
Commission when they have achieved
full compliance with the requirements
described in Attachment B.
D. Notwithstanding any provisions of
the Commission’s regulations to the
contrary, all measures implemented or
actions taken in response to this Order
shall be maintained until the
Commission modifies its regulations to
reflect increased controls.
Licensee responses to Conditions B.1,
B.2, C.1, and C.2 above shall be
submitted to the Director, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. In addition,
Licensee’s responses shall be marked as
‘‘Withhold From Public Disclosure
Under 10 CFR 2.390.’’
The Director, Office of Nuclear
Material Safety and Safeguards, may, in
writing, relax or rescind any of the
above conditions upon demonstration
by the Licensee of good cause.
IV
In accordance with 10 CFR 2.202, the
Licensee 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 five (25) 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 submit an answer or 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. The answer may
consent to this Order. Unless the answer
consents to this Order, the answer shall,
in writing and under oath or
affirmation, specifically set forth the
matters of fact and law on which the
Licensee or other person adversely
affected relies and the reasons as to why
the Order should not have been issued.
Any answer or request for a hearing
shall be submitted to the Secretary,
E:\FR\FM\01DEN1.SGM
01DEN1
72130
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Notices
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
the Licensee if the answer or hearing
request is by a person other than the
Licensee. Because of possible
disruptions in delivery of mail to United
States Government offices, it is
requested that answers and 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 email to OGCMailCenter@nrc.gov. If a
person other than the Licensee 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 2.309(d) and (f).
If a hearing is requested by the
Licensee 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), the
Licensee 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
five (25) 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.
An answer or a request for hearing shall
not stay the immediate effectiveness of
this order.
Dated this 14th day of November 2005.
VerDate Aug<31>2005
14:47 Nov 30, 2005
Jkt 208001
For the Nuclear Regulatory Commission.
Jack R. Strosnider, Jr.,
Director, Office of Nuclear Material Safety
and Safeguards.
Attachment A—Redacted
Attachment B—Increased Controls for
Licensees That Possess Sources
Containing Radioactive Material
Quantities of Concern
The purpose of the increased controls
(IC) for radioactive sources is to enhance
control of radioactive material in
quantities greater than or equal to values
described in Table 1, to reduce the risk
of unauthorized use of radioactive
materials, through access controls to aid
prevention, and prompt detection,
assessment, and response to mitigate
potentially high consequences that
would be detrimental to public health
and safety. These increased controls for
radioactive sources are established to
delineate licensee responsibility to
maintain control of licensed material
and secure it from unauthorized
removal or access. The following
increased controls apply to licensees
which, at any given time, possess
radioactive sources greater than or equal
to the quantities of concern of
radioactive material defined in Table 1.
IC1. In order to ensure the safe
handling, use, and control of licensed
material in use and in storage each
licensee shall control access at all times
to radioactive material quantities of
concern and devices containing such
radioactive material (devices), and limit
access to such radioactive material and
devices to only approved individuals
who require access to perform their
duties.
a. The licensee shall allow only
trustworthy and reliable individuals,
approved in writing by the licensee, to
have unescorted access to radioactive
material quantities of concern and
devices. The licensee shall approve for
unescorted access only those
individuals with job duties that require
access to such radioactive material and
devices. Personnel who require access
to such radioactive material and devices
to perform a job duty, but who are not
approved by the licensee for unescorted
access, must be escorted by an approved
individual.
b. For individuals employed by the
licensee for 3 years or less, and for nonlicensee personnel, such as physicians,
physicists, house-keeping personnel,
and security personnel under contract,
trustworthiness and reliability shall be
determined, at a minimum, by verifying
employment history, education, and
personal references. The licensee shall
also, to the extent possible, obtain
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
independent information to corroborate
that provided by the employee (i.e.,
seeking references not supplied by the
individual). For individuals employed
by the licensee for longer than 3 years,
trustworthiness and reliability shall be
determined, at a minimum, by a review
of the employees’ employment history
with the licensee.
c. Service providers shall be escorted
unless determined to be trustworthy and
reliable by an NRC-required background
investigation as an employee of a
manufacturing and distribution (M&D)
licensee. Written verification attesting to
or certifying the person’s
trustworthiness and reliability shall be
obtained from the manufacturing and
distribution licensee providing the
service.
d. The licensee shall document the
basis for concluding that there is
reasonable assurance that an individual
granted unescorted access is trustworthy
and reliable, and does not constitute an
unreasonable risk for unauthorized use
of radioactive material quantities of
concern. The licensee shall maintain a
list of persons approved for unescorted
access to such radioactive material and
devices by the licensee.
IC2. In order to ensure the safe
handling, use, and control of licensed
material in use and in storage, each
licensee shall have a documented
program to monitor and immediately
detect, assess, and respond to
unauthorized access to radioactive
material quantities of concern and
devices. Enhanced monitoring shall be
provided during periods of source
delivery or shipment, where the
delivery or shipment exceeds 100 times
the Table 1 values.
a. The licensee shall respond
immediately to any actual or attempted
theft, sabotage, or diversion of such
radioactive material or of the devices.
The response shall include requesting
assistance from a Local Law
Enforcement Agency (LLEA).
b. The licensee shall have a prearranged plan with LLEA for assistance
in response to an actual or attempted
theft, sabotage, or diversion of such
radioactive material or of the devices
which is consistent in scope and timing
with a realistic potential vulnerability of
the sources containing such radioactive
material. The pre-arranged plan shall be
updated when changes to the facility
design or operation affect the potential
vulnerability of the sources. Prearranged LLEA coordination is not
required for temporary job sites.
c. The licensee shall have a
dependable means to transmit
information between, and among, the
various components used to detect and
E:\FR\FM\01DEN1.SGM
01DEN1
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Notices
identify an unauthorized intrusion, to
inform the assessor, and to summon the
appropriate responder.
d. After initiating appropriate
response to any actual or attempted
theft, sabotage, or diversion of
radioactive material or of the devices,
the licensee shall, as promptly as
possible, notify NRC Operations Center
at (301) 816–5100.
e. The licensee shall maintain
documentation describing each instance
of unauthorized access and any
necessary corrective actions to prevent
future instances of unauthorized access.
IC3.a. In order to ensure the safe
handling, use, and control of licensed
material in transportation for domestic
highway and rail shipments by a carrier
other than the licensee, for quantities
that equal or exceed those in Table 1 but
are less than 100 times Table 1
quantities, per consignment, the
licensee shall:
1. Use carriers which:
A. Use package tracking systems,
B. Implement methods to assure
trustworthiness and reliability of
drivers,
C. Maintain constant control and/or
surveillance during transit, and
D. Have the capability for immediate
communication to summon appropriate
response or assistance.
The licensee shall verify and
document that the carrier employs the
measures listed above.
2. Contact the recipient to coordinate
the expected arrival time of the
shipment;
3. Confirm receipt of the shipment;
and
4. Initiate an investigation to
determine the location of the licensed
material if the shipment does not arrive
on or about the expected arrival time.
When, through the course of the
investigation, it is determined the
shipment has become lost, stolen, or
missing, the licensee shall immediately
notify the NRC Operations Center at
(301) 816–5100. If, after 24 hours of
investigating, the location of the
material still cannot be determined, the
radioactive material shall be deemed
missing and the licensee shall
immediately notify the NRC Operations
Center at (301) 816–5100.
b. For domestic highway and rail
shipments, prior to shipping licensed
radioactive material that exceeds 100
times the quantities in Table 1 per
consignment, the licensee shall:
1. Notify the NRC,1 in writing, at least
90 days prior to the anticipated date of
1 Director, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
VerDate Aug<31>2005
14:47 Nov 30, 2005
Jkt 208001
shipment. The NRC will issue the Order
to implement the Additional Security
Measures (ASMs) for the transportation
of Radioactive Material Quantities of
Concern (RAM QC). The licensee shall
not ship this material until the ASMs for
the transportation of RAM QC are
implemented or the licensee is notified
otherwise, in writing, by NRC.
2. Once the licensee has implemented
the ASMs for the transportation of RAM
QC, the notification requirements of
3.b.1 shall not apply to future shipments
of licensed radioactive material that
exceeds 100 times the Table 1
quantities. The licensee shall implement
the ASMs for the transportation of RAM
QC.
c. If a licensee employs an M&D
licensee to take possession at the
licensee’s location of the licensed
radioactive material and ship it under
its M&D license, the requirements of 3.a.
and 3.b above shall not apply.
d. If the licensee is to receive
radioactive material greater than or
equal to the Table 1 quantities, per
consignment, the licensee shall
coordinate with the originator to:
1. Establish an expected time of
delivery; and
2. Confirm receipt of transferred
radioactive material. If the material is
not received at the expected time of
delivery, notify the originator and assist
in any investigation.
IC4. In order to ensure the safe
handling, use, and control of licensed
material in use and in storage each
licensee that possesses mobile or
portable devices containing radioactive
material in quantities greater than or
equal to Table 1 values, shall:
a. For portable devices, have two
independent physical controls that form
tangible barriers to secure the material
from unauthorized removal when the
device is not under direct control and
constant surveillance by the licensee.
b. For mobile devices:
1. That are only moved outside of the
facility (e.g., on a trailer), have two
independent physical controls that form
tangible barriers to secure the material
from unauthorized removal when the
device is not under direct control and
constant surveillance by the licensee.
2. That are only moved inside a
facility, have a physical control that
forms a tangible barrier to secure the
material from unauthorized movement
or removal when the device is not under
direct control and constant surveillance
by the licensee.
c. For devices in or on a vehicle or
trailer, licensees shall also utilize a
method to disable the vehicle or trailer
when not under direct control and
constant surveillance by the licensee.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
72131
IC5. The licensee shall retain
documentation required by these
increased controls for 3 years after they
are no longer effective:
a. The licensee shall retain
documentation regarding the
trustworthiness and reliability of
individual employees for 3 years after
the individual’s employment ends.
b. Each time the licensee revises the
list of approved persons required by
1.d., or the documented program
required by 2, the licensee shall retain
the previous documentation for 3 years
after the revision.
c. The licensee shall retain
documentation on each radioactive
material carrier for 3 years after the
licensee discontinues use of that
particular carrier.
d. The licensee shall retain
documentation on shipment
coordination, notifications, and
investigations for 3 years after the
shipment or investigation is completed.
e. After the license is terminated or
amended to reduce possession limits
below the quantities of concern, the
licensee shall retain all documentation
required by these increased controls for
3 years.
IC6. Detailed information generated
by the licensee that describes the
physical protection of radioactive
material quantities of concern, is
sensitive information and shall be
protected from unauthorized disclosure.
a. The licensee shall control access to
its physical protection information to
those persons who have an established
need to know the information, and are
considered to be trustworthy and
reliable.
b. The licensee shall develop,
maintain and implement policies and
procedures for controlling access to, and
for proper handling and protection
against unauthorized disclosure of, its
physical protection information for
radioactive material covered by these
requirements. The policies and
procedures shall include the following:
1. General performance requirement
that each person who produces,
receives, or acquires the licensee’s
sensitive information, protect the
information from unauthorized
disclosure,
2. Protection of sensitive information
during use, storage, and transit,
3. Preparation, identification or
marking, and transmission,
4. Access controls,
5. Destruction of documents,
6. Use of automatic data processing
systems, and
7. Removal from the licensee’s
sensitive information category.
E:\FR\FM\01DEN1.SGM
01DEN1
72132
Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Notices
TABLE 1.—RADIONUCLIDES OF
CONCERN
Quantity of
concern 1
(TBq)
Radionuclide
Am-241 .............
Am-241/Be ........
Cf-252 ...............
Cm-244 .............
Co-60 ................
Cs-137 ..............
Gd-153 ..............
Ir-192 ................
Pm-147 .............
Pu-238 ..............
Pu-239/Be .........
Se-75 ................
Sr-90 (Y–90) .....
Tm-170 .............
Yb-169 ..............
Combinations of
radioactive
materials listed above 3 .....
Quantity of
concern 2
(Ci)
0.6
0.6
0.2
0.5
0.3
1
10
0.8
400
0.6
0.6
2
10
200
3
16
16
5.4
14
8.1
27
270
22
11,000
16
16
54
270
5,400
81
(4)
....................
1 The
aggregate activity of multiple, collocated sources of the same radionuclide should
be included when the total activity equals or
exceeds the quantity of concern.
2 The primary values used for compliance
with this Order are TBq. The curie (Ci) values
are rounded to two significant figures for informational purposes only.
3 Radioactive materials are to be considered
aggregated or collocated if breaching a common physical security barrier (e.g., a locked
door at the entrance to a storage room) would
allow access to the radioactive material or devices containing the radioactive material.
4 If several radionuclides are aggregated,
the sum of the ratios of the activity of each
source, I of radionuclide, n, A(i,n), to the quantity of concern for radionuclide n, Q(n), listed
for that radionuclide equals or exceeds one.
[(aggregated source activity for radionuclide A)
(quantity of concern for radionuclide A)] +
[(aggregated source activity for radionuclide B)
(quantity of concern for radionuclide B)] + etc.
...... >1.
Use the following method to
determine which sources of radioactive
material require increased controls (ICs):
Include any single source equal to or
greater than the quantity of concern in
Table 1.
Include multiple collocated sources of
the same radionuclide when the
combined quantity equals or exceeds
the quantity of concern.
For combinations of radionuclides,
include multiple collocated sources of
different radionuclides when the
aggregate quantities satisfy the following
unity rule: [(amount of radionuclide A)
(quantity of concern of radionuclide A)]
+ [(amount of radionuclide B) (quantity
of concern of radionuclide B)] + etc.
......>1.
Guidance for Aggregation of Sources
NRC supports the use of the IAEA’s
source categorization methodology as
defined in TECDOC–1344,
‘‘Categorization of Radioactive
VerDate Aug<31>2005
14:47 Nov 30, 2005
Jkt 208001
Sources,’’ (July 2003) (see https://wwwpub.iaea.org/MTCD/publications/PDF/
te_1344_web.pdf) and as endorsed by
the agency’s Code of Conduct for the
Safety and Security of Radioactive
Sources, January 2004 (see https://wwwpub.iaea.org/MTCD/publications/PDF/
Code-2004_web.pdf). The Code defines
a three-tiered source categorization
scheme. Category 1 corresponds to the
largest source strength (equal to or
greater than 100 times the quantity of
concern values listed in Table 1.) and
Category 3, the smallest (equal or
exceeding one-tenth the quantity of
concern values listed in Table 1.).
Increased controls apply to sources that
are equal to or greater than the quantity
of concern values listed in Table 1, plus
aggregations of smaller sources that are
equal to or greater than the quantities in
Table 1. Aggregation only applies to
sources that are collocated.
Licensees who possess individual
sources in total quantities that equal or
exceed the Table 1 quantities are
required to implement increased
controls. Where there are many small
(less than the quantity of concern
values) collocated sources whose total
aggregate activity equals or exceeds the
Table 1 values, licensees are to
implement increased controls.
Some source handling or storage
activities may cover several buildings,
or several locations within specific
buildings. The question then becomes:
When are sources considered collocated
for purposes of aggregation? For
purposes of the additional controls,
sources are considered collocated if
breaching a single barrier (e.g., a locked
door at the entrance to a storage room)
would allow access to the sources.
Sources behind an outer barrier should
be aggregated separately from those
behind an inner barrier (e.g., a locked
source safe inside the locked storage
room). However, if both barriers are
simultaneously open, then all sources
within these two barriers are considered
to be collocated. This logic should be
continued for other barriers within or
behind the inner barrier.
The following example illustrates the
point: A lockable room has sources
stored in it. Inside the lockable room,
there are two shielded safes with
additional sources in them. Inventories
are as follows:
The room has the following sources
outside the safes: Cf-252, 0.12 TBq (3.2
Ci); Co-60, 0.18 TBq (4.9 Ci), and Pu238, 0.3 TBq (8.1 Ci). Application of the
unity rule yields: (0.12 0.2) + (0.18 0.3)
+ (0.3 0.6) = 0.6 + 0.6 + 0.5 = 1.7.
Therefore, the sources would require
increased controls.
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
Shielded safe #1 has a 1.9 TBq (51 Ci)
Cs-137 source and a 0.8 TBq (22 Ci) Am241 source. In this case, the sources
would require increased controls,
regardless of location, because they each
exceed the quantities in Table 1.
Shielded safe #2 has two Ir-192
sources, each having an activity of 0.3
TBq (8.1 Ci). In this case, the sources
would not require increased controls
while locked in the safe. The combined
activity does not exceed the threshold
quantity 0.8 TBq (22 Ci).
Because certain barriers may cease to
exist during source handling operations
(e.g., a storage location may be unlocked
during periods of active source usage),
licensees should, to the extent
practicable, consider two modes of
source usage—‘‘operations’’ (active
source usage) and ‘‘shutdown’’ (source
storage mode). Whichever mode results
in the greatest inventory (considering
barrier status) would require increased
controls for each location.
[FR Doc. E5–6718 Filed 11–30–05; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Filings and
Information Services, Washington, DC
20549.
Extension:
Form N–PX; SEC File No. 270–524; OMB
Control No. 3235–0582.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
The title of the collection of
information is ‘‘Form N–PX under the
Investment Company Act of 1940,
Annual Report of Proxy Voting Record.’’
Rule 30b1–4 under the Investment
Company Act of 1940 (‘‘Investment
Company Act’’) requires every
registered management investment
company, other than a small business
investment company (‘‘Fund’’), to file
Form N–PX not later than August 31 of
each year. Funds use Form N–PX to file
annual reports with the Commission
containing their complete proxy voting
E:\FR\FM\01DEN1.SGM
01DEN1
Agencies
[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Notices]
[Pages 72128-72132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6718]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos: (Redacted), License Nos: (Redacted), EA-05-090]
In the Matter of All Licensees Authorized To Possess Radioactive
Material Quantities of Concern, Order Imposing Increased Controls
(Effective Immediately)
I
The Licensees identified in Attachment A \1\ to this Order hold
licenses issued in accordance with the Atomic Energy Act of 1954 by the
U.S. Nuclear Regulatory Commission (NRC or Commission) authorizing them
to possess certain quantities of radioactive material of concern.
Commission regulations at 10 CFR 20.1801 require Licensees to secure,
from unauthorized removal or access, licensed materials that are stored
in controlled or unrestricted areas. Commission regulations at 10 CFR
20.1802 require Licensees to control and maintain constant surveillance
of licensed material that is in a controlled or unrestricted area and
that is not in storage.
---------------------------------------------------------------------------
\1\ Attachment A contains sensitive information and will not be
released to the public.
---------------------------------------------------------------------------
II
Prior to the terrorist attacks of September 11, 2001 (9/11),
several national and international efforts were underway to address the
potentially significant health and safety hazards posed by uncontrolled
sources. These efforts recognized the need for increased control of
high-risk radioactive materials to prevent inadvertent and intentional
unauthorized access, primarily due to the potential health and safety
hazards posed by the uncontrolled material. Following 9/11, it was
recognized that these efforts should also include a heightened
awareness and focus on the need to prevent intentional unauthorized
access due to potential malicious acts. These efforts, such as the
International Atomic Energy Agency (IAEA) Code of Conduct
[[Page 72129]]
on the Safety and Security of Radioactive Sources (Code of Conduct)
concerning Category 1 and 2 sources, seek to increase the control over
sources to prevent unintended radiation exposure and to prevent
malicious acts.
A Licensee's loss of control of high-risk radioactive sources,
whether it be inadvertent or through a deliberate act, has a potential
to result in significant adverse health impacts and could reasonably
constitute a threat to the public health and safety. In this regard,
the Commission has determined that certain additional controls are
required to be implemented by Licensees to supplement existing
regulatory requirements in 10 CFR 20.1801 and 10 CFR 20.1802, in order
to ensure adequate protection of, and minimize danger to, the public
health and safety. Therefore, the Commission is imposing the
requirements set forth in Attachment B on radioactive materials
Licensees who possess, or have near term plans to possess,
radionuclides of concern at or above threshold limits, identified in
Table 1. These requirements, which supplement existing regulatory
requirements, will provide the Commission with reasonable assurance
that the public health and safety continues to be adequately protected.
These requirements will remain in effect until the Commission modifies
its regulations to reflect increased controls.
To effect nationwide implementation, these measures have been
determined by the Commission to be an immediate mandatory Category
``B'' matter of compatibility for Agreement States. In parallel with
the Commission's issuance of this Order, each Agreement State is
required to issue legally binding requirements to put essentially
identical measures in place for Licensees under their regulatory
jurisdiction.
The Commission recognizes that Licensees may have already initiated
many controls set forth in Attachment B to this Order in response to
previously issued advisories or on their own. It is also recognized
that some controls may not be possible or necessary at some sites, or
may need to be tailored to accommodate the Licensees' specific
circumstances to achieve the intended objectives and avoid any
unforeseen adverse effect on the safe use and storage of the sealed
sources.
Although the additional controls implemented by the Licensees in
response to the Safeguards and Threat Advisories have been adequate to
provide reasonable assurance of adequate protection of public health
and safety, the Commission concludes that additional controls must be
imposed by an Order, consistent with the established regulatory
framework.
To provide assurance that the Licensees are implementing prudent
measures to achieve a consistent level of control, all Licensees who
hold licenses issued by the NRC authorizing possession of radioactive
material quantities of concern and as listed in Table 1,
``Radionuclides of Concern,'' (Attachment B, Table 1), shall implement
the requirements identified in Attachment B to this Order. In addition,
pursuant to 10 CFR 2.202, because of the potentially significant
adverse health impacts associated with failure to control high risk
radioactive sources, I find that the public health, safety, and
interest require that this Order be effective immediately.
III
Accordingly, pursuant to Sections 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, 10 CFR part 30, and 10 CFR part 33, it is
hereby ordered, effective immediately, that all Licensees identified in
attachment A to this order shall comply with the requirements of this
order as follows:
A. The Licensee shall comply with the requirements described in
Attachment B to this Order. The Licensee shall complete implementation
by May 13, 2006, or the first day that radionuclides of concern at or
above threshold limits, identified in Table 1, are possessed, whichever
occurs later.
B.1. The Licensee shall in writing, within twenty five (25) days of
the date of this Order, notify the Commission, (1) If it is unable to
comply with any of the requirements described in Attachment B, (2) if
compliance with any of the requirements is unnecessary in its specific
circumstances, or (3) if implementation of any of the requirements
would cause the Licensee to be in violation of the provisions of any
Commission regulation or its license. The notification shall provide
the Licensee's justification for seeking relief from or variation of
any specific requirement.
B.2. If the Licensee considers that implementation of any of the
requirements described in Attachment B to this Order would adversely
impact safe operation of the facility, the Licensee must notify the
Commission, in writing, within twenty five (25) days of this Order, of
the adverse safety impact, the basis for its determination that the
requirement has an adverse safety impact, and either a proposal for
achieving the same objectives specified in the Attachment B requirement
in question, or a schedule for modifying the facility to address the
adverse safety condition. If neither approach is appropriate, the
Licensee must supplement its response to Condition B.1 of this Order to
identify the condition as a requirement with which it cannot comply,
with attendant justifications as required in Condition B.1.
C.1. The Licensee shall, within twenty five (25) days of the date
of this Order, submit to the Commission a schedule for completion of
each requirement described in Attachment B.
C.2. The Licensee shall report to the Commission when they have
achieved full compliance with the requirements described in Attachment
B.
D. Notwithstanding any provisions of the Commission's regulations
to the contrary, all measures implemented or actions taken in response
to this Order shall be maintained until the Commission modifies its
regulations to reflect increased controls.
Licensee responses to Conditions B.1, B.2, C.1, and C.2 above shall
be submitted to the Director, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
In addition, Licensee's responses shall be marked as ``Withhold From
Public Disclosure Under 10 CFR 2.390.''
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions upon
demonstration by the Licensee of good cause.
IV
In accordance with 10 CFR 2.202, the Licensee 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 five (25)
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 submit an answer or 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. The answer may consent to this Order. Unless the answer
consents to this Order, the answer shall, in writing and under oath or
affirmation, specifically set forth the matters of fact and law on
which the Licensee or other person adversely affected relies and the
reasons as to why the Order should not have been issued. Any answer or
request for a hearing shall be submitted to the Secretary,
[[Page 72130]]
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 the Licensee if
the answer or hearing request is by a person other than the Licensee.
Because of possible disruptions in delivery of mail to United States
Government offices, it is requested that answers and 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 the Licensee 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 2.309(d) and (f).
If a hearing is requested by the Licensee 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), the Licensee 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 five (25) 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. An answer or a
request for hearing shall not stay the immediate effectiveness of this
order.
Dated this 14th day of November 2005.
For the Nuclear Regulatory Commission.
Jack R. Strosnider, Jr.,
Director, Office of Nuclear Material Safety and Safeguards.
Attachment A--Redacted
Attachment B--Increased Controls for Licensees That Possess Sources
Containing Radioactive Material Quantities of Concern
The purpose of the increased controls (IC) for radioactive sources
is to enhance control of radioactive material in quantities greater
than or equal to values described in Table 1, to reduce the risk of
unauthorized use of radioactive materials, through access controls to
aid prevention, and prompt detection, assessment, and response to
mitigate potentially high consequences that would be detrimental to
public health and safety. These increased controls for radioactive
sources are established to delineate licensee responsibility to
maintain control of licensed material and secure it from unauthorized
removal or access. The following increased controls apply to licensees
which, at any given time, possess radioactive sources greater than or
equal to the quantities of concern of radioactive material defined in
Table 1.
IC1. In order to ensure the safe handling, use, and control of
licensed material in use and in storage each licensee shall control
access at all times to radioactive material quantities of concern and
devices containing such radioactive material (devices), and limit
access to such radioactive material and devices to only approved
individuals who require access to perform their duties.
a. The licensee shall allow only trustworthy and reliable
individuals, approved in writing by the licensee, to have unescorted
access to radioactive material quantities of concern and devices. The
licensee shall approve for unescorted access only those individuals
with job duties that require access to such radioactive material and
devices. Personnel who require access to such radioactive material and
devices to perform a job duty, but who are not approved by the licensee
for unescorted access, must be escorted by an approved individual.
b. For individuals employed by the licensee for 3 years or less,
and for non-licensee personnel, such as physicians, physicists, house-
keeping personnel, and security personnel under contract,
trustworthiness and reliability shall be determined, at a minimum, by
verifying employment history, education, and personal references. The
licensee shall also, to the extent possible, obtain independent
information to corroborate that provided by the employee (i.e., seeking
references not supplied by the individual). For individuals employed by
the licensee for longer than 3 years, trustworthiness and reliability
shall be determined, at a minimum, by a review of the employees'
employment history with the licensee.
c. Service providers shall be escorted unless determined to be
trustworthy and reliable by an NRC-required background investigation as
an employee of a manufacturing and distribution (M&D) licensee. Written
verification attesting to or certifying the person's trustworthiness
and reliability shall be obtained from the manufacturing and
distribution licensee providing the service.
d. The licensee shall document the basis for concluding that there
is reasonable assurance that an individual granted unescorted access is
trustworthy and reliable, and does not constitute an unreasonable risk
for unauthorized use of radioactive material quantities of concern. The
licensee shall maintain a list of persons approved for unescorted
access to such radioactive material and devices by the licensee.
IC2. In order to ensure the safe handling, use, and control of
licensed material in use and in storage, each licensee shall have a
documented program to monitor and immediately detect, assess, and
respond to unauthorized access to radioactive material quantities of
concern and devices. Enhanced monitoring shall be provided during
periods of source delivery or shipment, where the delivery or shipment
exceeds 100 times the Table 1 values.
a. The licensee shall respond immediately to any actual or
attempted theft, sabotage, or diversion of such radioactive material or
of the devices. The response shall include requesting assistance from a
Local Law Enforcement Agency (LLEA).
b. The licensee shall have a pre-arranged plan with LLEA for
assistance in response to an actual or attempted theft, sabotage, or
diversion of such radioactive material or of the devices which is
consistent in scope and timing with a realistic potential vulnerability
of the sources containing such radioactive material. The pre-arranged
plan shall be updated when changes to the facility design or operation
affect the potential vulnerability of the sources. Pre-arranged LLEA
coordination is not required for temporary job sites.
c. The licensee shall have a dependable means to transmit
information between, and among, the various components used to detect
and
[[Page 72131]]
identify an unauthorized intrusion, to inform the assessor, and to
summon the appropriate responder.
d. After initiating appropriate response to any actual or attempted
theft, sabotage, or diversion of radioactive material or of the
devices, the licensee shall, as promptly as possible, notify NRC
Operations Center at (301) 816-5100.
e. The licensee shall maintain documentation describing each
instance of unauthorized access and any necessary corrective actions to
prevent future instances of unauthorized access.
IC3.a. In order to ensure the safe handling, use, and control of
licensed material in transportation for domestic highway and rail
shipments by a carrier other than the licensee, for quantities that
equal or exceed those in Table 1 but are less than 100 times Table 1
quantities, per consignment, the licensee shall:
1. Use carriers which:
A. Use package tracking systems,
B. Implement methods to assure trustworthiness and reliability of
drivers,
C. Maintain constant control and/or surveillance during transit,
and
D. Have the capability for immediate communication to summon
appropriate response or assistance.
The licensee shall verify and document that the carrier employs the
measures listed above.
2. Contact the recipient to coordinate the expected arrival time of
the shipment;
3. Confirm receipt of the shipment; and
4. Initiate an investigation to determine the location of the
licensed material if the shipment does not arrive on or about the
expected arrival time. When, through the course of the investigation,
it is determined the shipment has become lost, stolen, or missing, the
licensee shall immediately notify the NRC Operations Center at (301)
816-5100. If, after 24 hours of investigating, the location of the
material still cannot be determined, the radioactive material shall be
deemed missing and the licensee shall immediately notify the NRC
Operations Center at (301) 816-5100.
b. For domestic highway and rail shipments, prior to shipping
licensed radioactive material that exceeds 100 times the quantities in
Table 1 per consignment, the licensee shall:
1. Notify the NRC,\1\ in writing, at least 90 days prior to the
anticipated date of shipment. The NRC will issue the Order to implement
the Additional Security Measures (ASMs) for the transportation of
Radioactive Material Quantities of Concern (RAM QC). The licensee shall
not ship this material until the ASMs for the transportation of RAM QC
are implemented or the licensee is notified otherwise, in writing, by
NRC.
---------------------------------------------------------------------------
\1\ Director, Office of Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
---------------------------------------------------------------------------
2. Once the licensee has implemented the ASMs for the
transportation of RAM QC, the notification requirements of 3.b.1 shall
not apply to future shipments of licensed radioactive material that
exceeds 100 times the Table 1 quantities. The licensee shall implement
the ASMs for the transportation of RAM QC.
c. If a licensee employs an M&D licensee to take possession at the
licensee's location of the licensed radioactive material and ship it
under its M&D license, the requirements of 3.a. and 3.b above shall not
apply.
d. If the licensee is to receive radioactive material greater than
or equal to the Table 1 quantities, per consignment, the licensee shall
coordinate with the originator to:
1. Establish an expected time of delivery; and
2. Confirm receipt of transferred radioactive material. If the
material is not received at the expected time of delivery, notify the
originator and assist in any investigation.
IC4. In order to ensure the safe handling, use, and control of
licensed material in use and in storage each licensee that possesses
mobile or portable devices containing radioactive material in
quantities greater than or equal to Table 1 values, shall:
a. For portable devices, have two independent physical controls
that form tangible barriers to secure the material from unauthorized
removal when the device is not under direct control and constant
surveillance by the licensee.
b. For mobile devices:
1. That are only moved outside of the facility (e.g., on a
trailer), have two independent physical controls that form tangible
barriers to secure the material from unauthorized removal when the
device is not under direct control and constant surveillance by the
licensee.
2. That are only moved inside a facility, have a physical control
that forms a tangible barrier to secure the material from unauthorized
movement or removal when the device is not under direct control and
constant surveillance by the licensee.
c. For devices in or on a vehicle or trailer, licensees shall also
utilize a method to disable the vehicle or trailer when not under
direct control and constant surveillance by the licensee.
IC5. The licensee shall retain documentation required by these
increased controls for 3 years after they are no longer effective:
a. The licensee shall retain documentation regarding the
trustworthiness and reliability of individual employees for 3 years
after the individual's employment ends.
b. Each time the licensee revises the list of approved persons
required by 1.d., or the documented program required by 2, the licensee
shall retain the previous documentation for 3 years after the revision.
c. The licensee shall retain documentation on each radioactive
material carrier for 3 years after the licensee discontinues use of
that particular carrier.
d. The licensee shall retain documentation on shipment
coordination, notifications, and investigations for 3 years after the
shipment or investigation is completed.
e. After the license is terminated or amended to reduce possession
limits below the quantities of concern, the licensee shall retain all
documentation required by these increased controls for 3 years.
IC6. Detailed information generated by the licensee that describes
the physical protection of radioactive material quantities of concern,
is sensitive information and shall be protected from unauthorized
disclosure.
a. The licensee shall control access to its physical protection
information to those persons who have an established need to know the
information, and are considered to be trustworthy and reliable.
b. The licensee shall develop, maintain and implement policies and
procedures for controlling access to, and for proper handling and
protection against unauthorized disclosure of, its physical protection
information for radioactive material covered by these requirements. The
policies and procedures shall include the following:
1. General performance requirement that each person who produces,
receives, or acquires the licensee's sensitive information, protect the
information from unauthorized disclosure,
2. Protection of sensitive information during use, storage, and
transit,
3. Preparation, identification or marking, and transmission,
4. Access controls,
5. Destruction of documents,
6. Use of automatic data processing systems, and
7. Removal from the licensee's sensitive information category.
[[Page 72132]]
Table 1.--Radionuclides of Concern
------------------------------------------------------------------------
Quantity of Quantity of
Radionuclide concern concern
\1\ (TBq) \2\ (Ci)
------------------------------------------------------------------------
Am-241........................................ 0.6 16
Am-241/Be..................................... 0.6 16
Cf-252........................................ 0.2 5.4
Cm-244........................................ 0.5 14
Co-60......................................... 0.3 8.1
Cs-137........................................ 1 27
Gd-153........................................ 10 270
Ir-192........................................ 0.8 22
Pm-147........................................ 400 11,000
Pu-238........................................ 0.6 16
Pu-239/Be..................................... 0.6 16
Se-75......................................... 2 54
Sr-90 (Y-90).................................. 10 270
Tm-170........................................ 200 5,400
Yb-169........................................ 3 81
Combinations of radioactive materials listed (\4\) ...........
above \3\....................................
------------------------------------------------------------------------
\1\ The aggregate activity of multiple, collocated sources of the same
radionuclide should be included when the total activity equals or
exceeds the quantity of concern.
\2\ The primary values used for compliance with this Order are TBq. The
curie (Ci) values are rounded to two significant figures for
informational purposes only.
\3\ Radioactive materials are to be considered aggregated or collocated
if breaching a common physical security barrier (e.g., a locked door
at the entrance to a storage room) would allow access to the
radioactive material or devices containing the radioactive material.
\4\ If several radionuclides are aggregated, the sum of the ratios of
the activity of each source, I of radionuclide, n, A(i,n), to the
quantity of concern for radionuclide n, Q(n), listed for that
radionuclide equals or exceeds one. [(aggregated source activity for
radionuclide A) (quantity of concern for radionuclide A)] +
[(aggregated source activity for radionuclide B) (quantity of concern
for radionuclide B)] + etc. ...... >1.
Use the following method to determine which sources of radioactive
material require increased controls (ICs):
Include any single source equal to or greater than the quantity of
concern in Table 1.
Include multiple collocated sources of the same radionuclide when
the combined quantity equals or exceeds the quantity of concern.
For combinations of radionuclides, include multiple collocated
sources of different radionuclides when the aggregate quantities
satisfy the following unity rule: [(amount of radionuclide A) (quantity
of concern of radionuclide A)] + [(amount of radionuclide B) (quantity
of concern of radionuclide B)] + etc. ......>1.
Guidance for Aggregation of Sources
NRC supports the use of the IAEA's source categorization
methodology as defined in TECDOC-1344, ``Categorization of Radioactive
Sources,'' (July 2003) (see https://www-pub.iaea.org/MTCD/publications/
PDF/te_1344_web.pdf) and as endorsed by the agency's Code of Conduct
for the Safety and Security of Radioactive Sources, January 2004 (see
https://www-pub.iaea.org/MTCD/publications/PDF/Code-2004_web.pdf). The
Code defines a three-tiered source categorization scheme. Category 1
corresponds to the largest source strength (equal to or greater than
100 times the quantity of concern values listed in Table 1.) and
Category 3, the smallest (equal or exceeding one-tenth the quantity of
concern values listed in Table 1.). Increased controls apply to sources
that are equal to or greater than the quantity of concern values listed
in Table 1, plus aggregations of smaller sources that are equal to or
greater than the quantities in Table 1. Aggregation only applies to
sources that are collocated.
Licensees who possess individual sources in total quantities that
equal or exceed the Table 1 quantities are required to implement
increased controls. Where there are many small (less than the quantity
of concern values) collocated sources whose total aggregate activity
equals or exceeds the Table 1 values, licensees are to implement
increased controls.
Some source handling or storage activities may cover several
buildings, or several locations within specific buildings. The question
then becomes: When are sources considered collocated for purposes of
aggregation? For purposes of the additional controls, sources are
considered collocated if breaching a single barrier (e.g., a locked
door at the entrance to a storage room) would allow access to the
sources. Sources behind an outer barrier should be aggregated
separately from those behind an inner barrier (e.g., a locked source
safe inside the locked storage room). However, if both barriers are
simultaneously open, then all sources within these two barriers are
considered to be collocated. This logic should be continued for other
barriers within or behind the inner barrier.
The following example illustrates the point: A lockable room has
sources stored in it. Inside the lockable room, there are two shielded
safes with additional sources in them. Inventories are as follows:
The room has the following sources outside the safes: Cf-252, 0.12
TBq (3.2 Ci); Co-60, 0.18 TBq (4.9 Ci), and Pu-238, 0.3 TBq (8.1 Ci).
Application of the unity rule yields: (0.12 0.2) + (0.18 0.3) + (0.3
0.6) = 0.6 + 0.6 + 0.5 = 1.7. Therefore, the sources would require
increased controls.
Shielded safe 1 has a 1.9 TBq (51 Ci) Cs-137 source and a
0.8 TBq (22 Ci) Am-241 source. In this case, the sources would require
increased controls, regardless of location, because they each exceed
the quantities in Table 1.
Shielded safe 2 has two Ir-192 sources, each having an
activity of 0.3 TBq (8.1 Ci). In this case, the sources would not
require increased controls while locked in the safe. The combined
activity does not exceed the threshold quantity 0.8 TBq (22 Ci).
Because certain barriers may cease to exist during source handling
operations (e.g., a storage location may be unlocked during periods of
active source usage), licensees should, to the extent practicable,
consider two modes of source usage--``operations'' (active source
usage) and ``shutdown'' (source storage mode). Whichever mode results
in the greatest inventory (considering barrier status) would require
increased controls for each location.
[FR Doc. E5-6718 Filed 11-30-05; 8:45 am]
BILLING CODE 7590-01-P