Secure Transfer of Nuclear Materials, 51534-51538 [E6-14397]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Proposed Rules]
[Pages 51534-51538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14397]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

RIN 3150-AH90


Secure Transfer of Nuclear Materials

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to implement requirements for secure transfer of 
nuclear materials as required by Section 656 of the Energy Policy Act 
of 2005 (EPAct), signed into law on August 8, 2005. The proposed 
amendment would implement Section 656 by specifically excepting certain 
licensees from provisions of Section 170I of the Atomic Energy Act 
(AEA), as amended.

DATES: The comment period expires September 29, 2006. Comments received 
after this date will be considered if it is practical to do so, but NRC 
is able to assure consideration only for comments received on or before 
this date. A copy of the draft proposed rule was made available for 
information only on July 6, 2006, on NRC's rulemaking Web site at: 
https://ruleforum.llnl.gov.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AH90) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available for public inspection. Because 
your comments will not be edited to remove any identifying or contact 
information, NRC cautions you against including personal information 
such as social security numbers and birth dates in your submission.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via NRC's 
rulemaking Web site at https://ruleforum.llnl.gov. Address questions 
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-
mail: cag@nrc.gov. Comments can also be submitted via the Federal 
eRulemaking Portal https://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m., Federal workdays. (Telephone 
(301) 415-1966.)
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this rulemaking may be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), Public File Area O1 F21, One White Flint 
North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction 
contractor will copy documents for a fee. Selected documents, including 
comments, may be viewed and downloaded electronically via NRC's 
rulemaking Web site at: https://ruleforum.llnl.gov.
    Publicly available documents created or received at NRC after 
November 1,

[[Page 51535]]

1999, are available electronically at NRC's Electronic Reading Room at 
https://www.nrc.gov/reading-rm.html. From this site, the public can gain 
entry into NRC's Agencywide Document Access and Management System 
(ADAMS), which provides text and image files of NRC's public documents. 
If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the PDR Reference 
staff at 1-800-397-4209, (301) 415-4737, or by e-mail to pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Frank Cardile, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6185, e-mail: 
fpc@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

The Energy Policy Act of 2005

    On August 8, 2005, the President signed into law the EPAct of 2005, 
Pub. L. 109-58, 119 Stat. 594 (2005). Section 656 of the EPAct added 
Section 170I to the Atomic Energy Act of 1954 (AEA), 42 U.S.C, 2210i, 
and requires that:
    (a) A system be established by the Commission to ensure that 
materials transferred or received in the United States, by any party, 
pursuant to an import or export license issued by NRC, are accompanied 
by a manifest describing the type and amount of materials. Each 
individual receiving or accompanying the transfer of such materials 
shall be subject to a security background check conducted by 
appropriate Federal entities. Section 656 also states that, except as 
provided by the Commission by regulation, the materials referred to 
are: Byproduct material; source material; special nuclear material; 
high-level radioactive waste; spent nuclear fuel; transuranic waste; 
and low-level radioactive waste; and
    (b) The Commission issue regulations, within one year after 
enactment of the EPAct, identifying radioactive materials or classes of 
individuals that, consistent with the protection of the public health 
and safety and the common defense and security, are appropriate 
exceptions to the requirements in Section 170I \1\ of the AEA.
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    \1\ The text of Section 656 actually refers to ``exceptions to 
the requirements of Section 170D of the AEA''; however, that is a 
misprint. The correct citation is Section 170I.
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II. Discussion

    Based on the above, Section 656 of the EPAct amends the AEA by 
adding three broad elements: (a) Establish a system for manifests of 
import/export shipments of radioactive materials; (b) require security 
background checks of persons receiving or accompanying import/export 
shipments; and (c) issue a regulation within one year with provisions 
for excepting certain types of radioactive materials or classes of 
individuals from the requirements of Section 170I of the EPAct. 
Establishing a system for manifests, requiring security background 
checks, and issuing a regulation with provisions for exceptions, are 
discussed in Sections II.A, II.B, and II.C, respectively, of this 
document.

A. Establish a System for Manifests for Shipments of Radioactive 
Material

    Requirements for a system of manifests for shipments of material 
would include maintaining appropriate paperwork with a shipment that 
identifies the material being shipped. Specifically, the EPAct requires 
that a manifest include a description of the type of material and an 
indication of the amount of material being transported.
    Currently, requirements for manifesting shipments of radioactive 
materials already exist in U.S. Department of Transportation (DOT) 
regulations at 49 CFR part 172. Specifically, 49 CFR 172.202(a) 
requires that shipping papers with radioactive shipments must indicate 
the basic description of the material, the total quantity of material 
(by mass, volume, or activity level in appropriate units), and the 
number and type of packages. In addition, for the quantities of 
radioactive material covered by the EPAct, 49 CFR 172.203(d) contains 
requirements that descriptions of a shipment containing radioactive 
material must include the name (and/or chemical symbol) of each 
radionuclide in the material; a description of the physical and 
chemical form of the material, if not special form; the activity 
contained in each package of the shipment in terms of appropriate 
international units (e.g., Becquerels (Bq)) and/or appropriate 
customary units (Curies (Ci), etc.) in parentheses following the 
international units; and labeling of each package being transported.
    NRC's current regulations cross-reference the DOT requirements 
applicable to the transportation of licensed materials at 10 CFR 71.5. 
Section 71.5 requires that each licensee who transports licensed 
material outside the site of usage, or where transport is on public 
highways, or who delivers licensed material to a carrier for transport, 
comply with the applicable requirements of the DOT regulations at 49 
CFR parts 107, 171-180, and 390-397, as appropriate to the mode of 
transport.
    Based on the existing DOT requirements for shipping papers for 
shipments of radioactive materials at 49 CFR part 172 and NRC's 
regulations at 10 CFR part 71, NRC believes that an appropriate system 
is already established to ensure that shipments of radioactive 
materials are accompanied by papers (i.e., a ``manifest'') 
appropriately describing the type and amount of materials being 
shipped. Thus, NRC considers that the requirements of the EPAct have 
been met in this area. Therefore, NRC is not including any additional 
requirements for manifesting of radioactive material shipments in this 
proposed rule.

B. Require Security Background Checks for Persons Accompanying or 
Receiving Shipments of Radioactive Materials

    Section 656 of the EPAct states that each individual who 
``accompanies'' or ``receives'' the transfer of radioactive materials 
in the United States, pursuant to an NRC import or export license, 
shall be subject to a security background check \2\ conducted by 
appropriate Federal entities. Section 656(c) of the EPAct also 
indicates that such background check requirements would become 
effective on a date established by the Commission.
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    \2\ The term ``security background check'' is not defined in 
Section 656. In related regulatory efforts, it has been noted that 
background checks form the basis of trustworthiness and reliability 
and are comprised of several elements (e.g., verification of 
identity; a check into employment history, education and personal 
references; and a criminal history record check requiring 
fingerprints).
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    The NRC believes that the most appropriate and comprehensive 
approach for establishing requirements for security background checks 
is as part of the broader considerations of NRC's planned rulemaking to 
implement Section 652 of the EPAct. Section 652 mandates the Commission 
to require fingerprinting and criminal history record checks for any 
individual who is permitted unescorted access to radioactive material 
``* * * that the Commission determines to be of such significance to 
the public health and safety or the common defense and security, as to 
warrant fingerprinting and background checks.'' The individuals 
referred to under Section 656 are a subgroup (i.e., those transferring 
radioactive material pursuant to an export or import license) of the 
larger group of individuals at a licensed facility, with unescorted 
access to radioactive material, who would

[[Page 51536]]

ultimately be included under a Section 652 rulemaking. The goal of the 
Section 652 rulemaking is that requirements for access are coherent and 
use a graded approach for the wide range of licensees impacted by 
Section 652, including those who might import or export radioactive 
material, and that there be coordinated consideration of appropriate 
exceptions, and of both domestic and import/export transport.
    Thus, NRC considers the rulemaking to implement Section 652 to be 
the most appropriate and comprehensive approach for establishing 
requirements for security background checks for licensees, and for 
licensee employees, for unescorted access to radioactive material and 
for the broad range of transportation networks that licensees use. The 
Section 652 rulemaking will incorporate technical basis development and 
will also provide opportunity for stakeholder comment. Those 
individuals involved in ``receiving'' and ``accompanying'' radioactive 
materials, addressed in Section 656, would be covered by the 
comprehensive Section 652 rulemaking.
    In addition to the rulemaking to implement Section 652, there are 
various regulatory initiatives, in place or underway, at other Federal 
agencies who have authority in the area of transportation security, 
including the Department of Homeland Security (DHS) and the DOT (see 
further discussion below). NRC views the transport security 
requirements of DHS and/or DOT, that apply to the nation's hazardous 
material transportation infrastructure as a whole, as the most 
effective long-term solution to implementing certain provisions of 
Section 656 of the EPAct. NRC is aware of DHS initiatives, such as the 
Transportation Worker Identification Credential (TWIC) \3\ program, 
that are being implemented and views such programs as an effective 
solution for security background checks on transportation workers. NRC 
will work with other Federal agencies with authority in the area of 
transport security during the Section 652 rulemaking to ensure a 
coordinated Federal approach and to consider other Federal agency 
programs that are developed and initiated.
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    \3\ TSA and USCG recently published a proposed rule in the 
Federal Register on implementing the TWIC program for the maritime 
sector (see 71 FR 29395; May 22, 2006).
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    The current schedule for the rulemaking to implement Section 652 
calls for issuance of a proposed rule in the Fall of 2007 and a final 
rule in the Fall of 2008. While the more comprehensive Section 652 
rulemaking is being conducted, the combination of NRC's system of 
Orders to a broad range of licensees setting conditions for access to 
radioactive material, as well as the system of DHS's and DOT's 
authorities and security regulations for transport personnel, provide 
adequate protection of the common defense and security, as they relate 
to persons accompanying and receiving material. These existing systems, 
described more fully below, include provisions for background checks 
for trustworthiness and reliability and provisions for fingerprinting 
for the purpose of obtaining a criminal history record check from the 
Federal Bureau of Investigation.
    NRC issued an extensive series of Orders during 2002-2005 that 
included background check requirements for unescorted access to 
radioactive material for certain facilities which it licenses. NRC has 
also issued Orders to reactor and materials licensees for shipment of 
radioactive material in quantities of concern (RAMQC). The purpose of 
these Orders has been to impose certain security measures to supplement 
existing regulations at 10 CFR part 20, and equivalent Agreement State 
regulations, for securing licensed materials from unauthorized access, 
with the intent of providing the NRC with reasonable assurance that the 
common defense and security is protected. The Orders note that 
conditions for unescorted access to risk-significant sources of 
radioactive material are governed by an appropriate need-to-know and by 
background checks as input to a determination concerning the 
trustworthiness and reliability of individuals who have access to the 
material. The Orders for unescorted access to radioactive material 
issued to date do not include fingerprinting for a criminal history 
record check.
    Currently, NRC is preparing additional Orders to pool-type 
irradiator licensees, manufacturing and distribution (M&D) licensees, 
and licensees making shipments of RAMQC, to require fingerprinting and 
criminal history checks for unescorted access to the risk-significant 
sources of radioactive material at their facilities. These Orders would 
cover all individuals with unescorted access to radioactive material at 
these facilities; persons ``receiving'' material at these licensee's 
facilities, pursuant to an import/export license, would be a subset of 
the persons covered by the Orders.
    As noted above, other Federal agencies have separate statutory 
authority in the area of transportation security. DHS is responsible 
for protecting the movement of international trade across U.S. borders 
and maximizing the security of the international supply chain. DHS 
includes the Transportation Security Administration (TSA), U.S. Coast 
Guard (USCG), and U.S. Customs and Border Protection. Collectively, 
these agencies are responsible for protecting our nation's 
transportation systems and supervising the entry of goods into the 
United States. In carrying out these responsibilities, TSA has 
regulations for both civil aviation security (49 CFR parts 1540 to 
1562) and maritime and land transportation security (49 CFR parts 1570 
to 1572). Sections 1544.229 and 1544.230 of Title 49 require that each 
aircraft flight crew member, and each person with unescorted access 
authority and authority to perform checked baggage or cargo functions, 
undergo a Federal fingerprint-based criminal history record check. 49 
CFR 1572.5 requires security threat assessments for individuals 
applying for, renewing, or transferring a commercial driver's license 
with a hazardous materials endorsement (radioactive material is a Class 
7 hazardous material under DOT regulations). 49 CFR 1572.15 establishes 
procedures for security threat assessments. A TSA security threat 
assessment includes a fingerprint-based criminal history check, an 
intelligence-related background check, and a final disposition. 
Personnel involved in these functions can be disqualified if the checks 
indicate potential security risks. Similarly, the USCG has requirements 
for security at U.S. ports and background checks for maritime personnel 
(33 CFR part 110 and 46 CFR part 10). Recently, DHS announced that it 
would begin conducting name-based background checks on nearly 400,000 
port workers in the U.S. as a initial measure as DHS expedites the 
comprehensive nationwide biometric-based TWIC program in 2006.

C. Issue Regulations With Exceptions

    As discussed in Section I of this document, Section 656(b) of the 
EPAct mandates that the NRC issue regulations, within one year after 
enactment of the EPAct, identifying radioactive materials or classes of 
individuals that, consistent with the protection of the public health 
and safety and the common defense and security, are appropriate 
exceptions to provisions for security background checks in Section 170I 
of the AEA, as amended.

[[Page 51537]]

    Consistent with Section 656(b) of the EPAct, the Commission is 
proposing to amend its regulations to except, from the security 
background check requirements of Section 170I of the AEA, as amended, 
licensees who have not received NRC Orders restricting unescorted 
access to radioactive materials based on background checks for 
trustworthiness and reliability that include fingerprinting and 
criminal history record checks. As noted above, Orders restricting 
access based on fingerprinting and criminal history record checks will 
be issued for pool-type irradiator licensees, M&D licensees, and 
licensees who make shipments of RAMQC. Under this proposed rule, those 
licensees who did not receive Orders for background checks that include 
fingerprinting would be excepted from the security background check 
requirements at Section 170I of the AEA.
    The rationale for the exceptions is that it is consistent with the 
system of Orders, issued to certain licensees, that the NRC has 
instituted for protection of the common defense and security. The 
materials possessed and transferred by the licensee groups who have 
received Orders have been deemed, during the process of issuance of the 
Orders, to be appropriate for immediately requiring certain security 
measures for unescorted access based on potential higher risk resulting 
from malevolent use of those materials. Those licensees excepted by 
this proposed amendment possess materials and use them in a manner that 
generally presents a lesser hazard for causing harm to the public 
health and safety and common defense and security, even if used for 
malevolent purposes. Generally, the basis for inclusion of materials 
within the system of Orders has been use of International Atomic Energy 
Agency (IAEA) Code of Conduct Category threshold quantity amounts which 
take account of the IAEA's categorization of sources found in IAEA 
Safety Guide No. RS-G-1.9, ``Categorization of Radioactive Sources'' 
(2005). The safety guide provides a risk-based ranking of radioactive 
sources in five categories in terms of their potential to cause severe 
deterministic effects for a range of scenarios that include both 
external exposure from an unshielded source and internal exposure 
following dispersal. Most licensees excepted under this proposed 
amendment are not expected to import or export radioactive material 
containing radionuclides in the higher risk categories of the IAEA 
Safety Guide 1.9.
    Using the framework of the existing system of Orders to codify 
exceptions allows for a consistent approach for radioactive materials 
which NRC considers appropriate, at this time, for exception from the 
requirements of Section 170I of the AEA as amended by the EPAct. As 
discussed in Section II.B of this document, the NRC intends to address 
background checks and fingerprinting for criminal history record checks 
for licensees in a more comprehensive manner under the rulemaking to 
implement Section 652 of the EPAct. One of the elements of that 
rulemaking, as mandated by Section 652(B)(i)(ll), will be determining 
requirements for access to quantities of radioactive material, subject 
to regulation by the Commission, that the Commission determines to be 
of such significance to the public health and safety or to the common 
defense and security as to warrant fingerprinting and background 
checks. Thus, the proposed requirements for exceptions in this Section 
656 rulemaking will be revisited and may be superseded by the more 
comprehensive Section 652 rulemaking. At this time, in this Section 656 
rulemaking, NRC is making a risk-informed decision to except licensees 
other than those with risk-significant sources (i.e., pool-type 
irradiators, M&D, and those making shipments of RAMQC, who received 
Orders) from the security background check requirements of Section 
170I. In the more comprehensive Section 652 rulemaking, NRC will 
consider whether the exceptions for security background checks should 
be modified.
    Under this proposed amendment, licensees not excepted can use the 
provisions of their existing Orders (or new or amended Orders) to 
comply with Section 170I. As noted above, the Commission believes that 
this system of NRC Orders and the system of transport security of other 
Federal agencies provide adequate protection of the common defense and 
security while NRC is conducting the Section 652 rulemaking.
    Also, under the proposed amendment, if additional Orders for 
fingerprinting and criminal history checks for unescorted access to 
radioactive material are issued to licensees other than those noted 
above (i.e., pool-type irradiators, M&Ds, and those making shipments of 
RAMQC), licensees who receive any such new Orders would no longer be 
excepted from the security background check requirements of Section 
170I.

III. Effective Date of Implementation of Rule

    Section 656(c) of the EPAct provides that amendments to the AEA 
take effect upon issuance of regulations by the Commission under 
Section 656(b) of the EPAct. Consistent with this provision, the 
requirements for exceptions proposed in this amendment would become 
effective on the date of issuance of a final rule.
    Section 656(c) of the EPAct also provides that the security 
background check requirement is to become effective ``* * * on a date 
established by the Commission.'' As discussed above, the Commission is 
using its system of Orders to impose the security background check 
requirements. The Orders specify dates by which licensees must take 
specific actions. In addition, the Commission will issue more 
comprehensive security background check requirements in the future 
rulemaking to implement Section 652 and will establish an effective 
date for those requirements.
    With regard to manifest requirements, the Commission notes, as 
discussed above, that current NRC and DOT regulations require shipments 
of radioactive material to be accompanied by shipping papers (i.e., a 
manifest).

IV. Section by Section Analysis of Substantive Changes

    A new Section 73.28 would be added to note that licensees are 
excepted from the security background check provisions of Section 170I 
of the AEA, as amended by the EPAct, if they have not received Orders 
from the NRC containing requirements for background checks for 
trustworthiness and reliability that include fingerprinting and 
criminal history checks as a prerequisite for unescorted access to 
radioactive materials. Licensees subject to Orders would not be 
excepted from the security background check provisions, and would use 
the requirements in their existing Orders to comply with Section 170I.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this proposed rule, NRC would indicate 
specific exceptions to the requirements of Section 656 of the EPAct. 
This action does not constitute the establishment of a standard that 
establishes generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of

[[Page 51538]]

Agreement State Programs,'' which became effective on September 3, 1997 
(62 FR 46517), NRC program elements (including regulations) are placed 
into four compatibility categories (Compatibility Category A through 
D). In addition, NRC program elements also can be identified as having 
particular health and safety significance or as being reserved solely 
to NRC.
    The proposed amendment to part 73 would be a program element 
designated ``NRC'' based on implementation of the procedure in NRC's 
Management Directive 5.9, ``Adequacy and Compatibility of Agreement 
States.'' The requirements in this proposed amendment are limited to 
providing exceptions to requirements in Section 170I of the AEA, as 
amended by the EPAct, and are based on a system of Orders that were 
developed under NRC's authority to protect the common defense and 
security which are areas of exclusive NRC regulatory authority and 
cannot be relinquished to the Agreement States. Therefore, the 
requirements of this proposed amendment should not be adopted by the 
Agreement States.

VII. Plain Language

    The Presidential memorandum entitled ``Plain Language in Government 
Writing'' (63 FR 31883; June 10, 1998), directed that the Government's 
writing be in plain language. NRC requests comments on the proposed 
rule specifically with respect to the clarity and effectiveness of the 
language used. Comments should be sent using one of the methods 
detailed under the ADDRESSES heading of the preamble to this proposed 
rule.

VIII. Environmental Impact: Categorical Exclusion

    NRC has determined that this proposed rule is the type of action 
described in 10 CFR 51.22(c)(3)(ii) as a categorical exclusion. 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this proposed rule.

IX. Paperwork Reduction Act Statement

    This proposed rule does not contain new or amended information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0002.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
Office of Management and Budget control number.

X. Regulatory Analysis

    A regulatory analysis has not been prepared for this regulation 
because it relieves restrictions and does not impose any additional 
burdens on licensees.

XI. Regulatory Flexibility Certification

    A regulatory flexibility Act analysis is not required because the 
proposed amendment does not impose any additional burdens on licensees.

XII. Backfit Analysis

    NRC has determined that the backfit rule (Sec. Sec.  50.109, 70.76, 
72.62, or 76.76) does not apply to this proposed rule because this 
amendment would not involve any provisions that would impose backfits 
as defined in the backfit rule. Therefore, a backfit analysis is not 
required.

List of Subjects in 10 CFR Part 73

    Criminal penalties, Export, Hazardous materials transportation, 
Import, Nuclear materials, Nuclear power plants and reactors, Reporting 
and recordkeeping requirements, Security measures.

    For the reasons set out in the preamble and under the authority of 
the AEA, as amended; the Energy Reorganization Act of 1974, as amended; 
and 5 U.S.C. 553; NRC is proposing to adopt the following amendment to 
10 CFR part 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

    1. The authority citation for part 73 continues to read as follows:

    Authority: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 
147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as 
amended, 204, 88 Stat. 1242, as amended, 1245, sec. 1701, 106 Stat. 
2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f); sec. 1704, 112 Stat. 
2750 (44 U.S.C. 3504 note).
    Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 73.37(f) also 
issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 
note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 
Stat. 876 (42 U.S.C. 2169).

    2. A new Sec.  73.28 is added to read as follows:


Sec.  73.28  Security background checks for secure transfer of nuclear 
materials.

    Licensees are excepted from the security background check 
provisions in Section 170I of the AEA if they have not received Orders 
from the Nuclear Regulatory Commission containing requirements for 
background checks for trustworthiness and reliability that include 
fingerprinting and criminal history record checks as a prerequisite for 
unescorted access to radioactive materials.

    Dated at Rockville, Maryland, this 24th day of August, 2006.
Annette L. Vietti-Cook,
Secretary of the Commission.
 [FR Doc. E6-14397 Filed 8-29-06; 8:45 am]
BILLING CODE 7590-01-P