In the Matter of All Licensees Who Possess Radioactive Material in Quantities of Concern and All Other Persons Who Obtain Safeguards Information Described Herein; Order Imposing Requirements for the Protection of Certain Safeguards Information (Effective Immediately), 60583-60587 [E6-16995]

Download as PDF Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices NUCLEAR REGULATORY COMMISSION [ Docket No. 52–009–ESP; ASLBP No. 04– 823–03–ESP] Atomic Safety and Licensing Board; Before Administrative Judges: Lawrence G. McDade, Chairman, Nicholas G. Trikouros, Dr. Richard E. Wardwell; In the Matter of System Energy Resources, Inc.; Early Site Permit for Grand Gulf Site; Notice of Hearing October 6, 2006. ycherry on PROD1PC64 with NOTICES2 This Atomic Safety and Licensing Board hereby gives notice that it will convene an evidentiary session to receive testimony and exhibits in the ‘‘mandatory hearing’’ portion of this proceeding regarding the October 16, 2003, application of System Energy Resources, Inc. (SERI) for a 10 CFR part 52 early site permit (ESP), seeking approval of the site of the existing Grand Gulf Nuclear Station (GGNS) near Port Gibson in Claiborne County, Mississippi, for the possible future construction of a new nuclear power generation facility.1 This mandatory hearing will concern safety and environmental matters relating to the proposed issuance of the requested ESP, as more fully described below. A. Matters To Be Considered As set forth by the Commission in the January 2004 ‘‘Notice of Hearing and Opportunity To Petition for Leave To Intervene Early Site Permit for the Grand Gulf ESP Site’’ (69 FR at 2636) and the applicable regulations in 10 CFR 52.21, the matters at issue in this proceeding are whether the application and the record of this proceeding contain sufficient information, and the NRC Staff’s review of the application has been adequate to support a finding that: (a) The issuance of this ESP will not be inimical to the common defense and security or to the health and safety of the public (Safety Issue 1); (b) taking into consideration the site criteria contained in 10 CFR part 100, a reactor or reactors having characteristics that fall within the parameters for the site, can be constructed and operated without undue risk to the public health and safety (Safety Issue 2); and (c) in accordance with the requirements of 10 CFR part 51, Subpart A, the ESP should be issued as proposed. Additionally, in accord with the Commission’s January 2004 notice, also at issue in this proceeding are: (d) Whether the requirements of Sections 102(2)(A), (C), and (E) of the National Environmental 1 See 69 FR 2636 (Jan. 16, 2004). VerDate Aug<31>2005 15:21 Oct 12, 2006 Jkt 211001 Policy Act of 1969 and 10 CFR part 51, Subpart A, have been complied with in this proceeding; (e) whether the final balance among conflicting factors contained in the record of this proceeding indicate that granting the ESP is the appropriate action to be taken; and (f) whether, after considering reasonable alternatives, the ESP should be issued, denied, or appropriately conditioned to protect environmental values. B. Date, Time, and Location of Mandatory Hearing The Board will conduct this mandatory hearing at the specified location and time: 1. Date: Tuesday, November 14, 2006. Time: Beginning at 9 a.m. EST. Location: ASLBP Hearing Room, Two White Flint North, Third Floor, 11545 Rockville Pike, Rockville, Maryland 20852–2738. The hearing on these issues will continue day-to-day thereafter until concluded. Any members of the public who plan to attend the mandatory hearing are advised that security measures will be employed at the entrance to the hearing facility, including searches of handcarried items such as briefcases or backpacks. The public is further advised that, in accordance with 10 CFR 2.390, portions of the hearing sessions may be closed to the public because the matters at issue may involve the discussion of protected information. C. Availability of Documentary Information Regarding the Proceeding Documents relating to this proceeding are available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the publicly available records component of NRC’s document system (ADAMS). ADAMS is accessible from the NRC Web site at https://www.nrc.gov/ reading-rm/adams.html (the Public Electronic Reading Room). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR reference staff by telephone at (800) 397–4209 or (301) 415–4737, or by e-mail to pdr@nrc.gov. D. Scheduling Information Updates Any updated/revised scheduling information regarding the evidentiary hearing can be found on the NRC Web site at https://www.nrc.gov/publicinvolve/public-meetings/index.cfm or by PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 60583 calling (800) 368–5642, extension 5036, or (301) 415–5036. It is so ordered. Dated: October 6, 2006 at Rockville, Maryland. For the Atomic Safety and Licensing Board.2 Lawrence G. McDade, Chairman, Administrative Judge. [FR Doc. E6–16997 Filed 10–12–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [EA–06–241] In the Matter of All Licensees Who Possess Radioactive Material in Quantities of Concern and All Other Persons Who Obtain Safeguards Information Described Herein; Order Imposing Requirements for the Protection of Certain Safeguards Information (Effective Immediately) I The Licensees, identified in Attachment 1 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) or an Agreement State, authorizing them to possess and transfer items containing radioactive material quantities of concern. The NRC intends to issue security Orders to these licensees in the near future. Orders will be issued to both NRC and Agreement State materials licensees who may transport radioactive material quantities of concern. The Orders will require compliance with specific Additional Security Measures to enhance the security for transport of certain radioactive material quantities of concern. The NRC will issue Orders to both NRC and Agreement State licensees under its authority to protect the common defense and security, which has not been relinquished to the Agreement States. The Commission has determined that these documents will contain Safeguards Information, will not be released to the public, and must be protected from unauthorized disclosure. Therefore, the Commission is imposing the requirements, as set forth in Attachments 2 and 3 to this Order and in Order EA–06–242, so that affected Licensees can receive these documents. This Order also imposes requirements for the protection of Safeguards 2 Copies of this Notice were sent this date by Internet e-mail transmission to: (1) Counsel for the NRC Staff and (2) Counsel for SERI. 1 Attachment 1 contains sensitive information and will not be released to the public. E:\FR\FM\13OCN1.SGM 13OCN1 60584 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices Information in the hands of any person,2 whether or not a licensee of the Commission, who produces, receives, or acquires Safeguards Information. II ycherry on PROD1PC64 with NOTICES2 The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of Safeguards Information. Section 147 of the Atomic Energy Act of 1954, as amended, grants the Commission explicit authority to ‘‘* * * issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information * * *’’ This authority extends to information concerning transfer of special nuclear material, source material, and byproduct material. Licensees and all persons who produce, receive, or acquire Safeguards Information must ensure proper handling and protection of Safeguards Information to avoid unauthorized disclosure in accordance with the specific requirements for the protection of Safeguards Information contained in Attachments 2 and 3 to this Order. The Commission hereby provides notice that it intends to treat violations of the requirements contained in Attachments 2 and 3 to this Order applicable to the handling and unauthorized disclosure of Safeguards Information as serious breaches of adequate protection of the public health and safety and the common defense and security of the United States. Access to Safeguards Information is limited to those persons who have established the need-to-know the information, are considered to be trustworthy and reliable, and meet the requirements of Order EA–06–242. A need-to-know means a determination by a person having responsibility for protecting Safeguards Information that a proposed recipient’s access to Safeguards Information is necessary in the performance of official, contractual, or licensee duties of employment. Licensees and all other persons who obtain Safeguards Information must ensure that they develop, maintain and implement strict policies and procedures for the proper handling of Safeguards Information to prevent unauthorized disclosure, in accordance 2 Person means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department, except that the Department shall be considered a person with respect to those facilities of the Department specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing. VerDate Aug<31>2005 15:21 Oct 12, 2006 Jkt 211001 with the requirements in Attachments 2 and 3 to this Order. All licensees must ensure that all contractors whose employees may have access to Safeguards Information either adhere to the licensee’s policies and procedures on Safeguards Information or develop, maintain and implement their own acceptable policies and procedures. The licensees remain responsible for the conduct of their contractors. The policies and procedures necessary to ensure compliance with applicable requirements contained in Attachments 2 and 3 to this Order must address, at a minimum, the following: the general performance requirement that each person who produces, receives, or acquires Safeguards Information shall ensure that Safeguards Information is protected against unauthorized disclosure; protection of Safeguards Information at fixed sites, in use and in storage, and while in transit; correspondence containing Safeguards Information; access to Safeguards Information; preparation, marking, reproduction and destruction of documents; external transmission of documents; use of automatic data processing systems; removal of the Safeguards Information category; the need-to-know the information; and background checks to determine access to the information. In order to provide assurance that the licensees are implementing prudent measures to achieve a consistent level of protection to prohibit the unauthorized disclosure of Safeguards Information, all licensees who hold licenses issued by the U.S. Nuclear Regulatory Commission or an Agreement State authorizing them to possess and who may transport items containing radioactive material quantities of concern shall implement the requirements identified in Attachments 2 and 3 to this Order. The Commission recognizes that licensees may have already initiated many of the measures set forth in Attachments 2 and 3 to this Order for handling of Safeguards Information in conjunction with current NRC license requirements or previous NRC Orders. Additional measures set forth in Attachments 2 and 3 to this Order should be incorporated into the licensee’s current program for Safeguards Information. In addition, pursuant to 10 CFR Part 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety and interest require that this Order be effective immediately. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 III Accordingly, pursuant to Sections 81, 147, 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, 10 CFR Part 32, 10 CFR Part 35, and 10 CFR Part 70, It is hereby ordered, effective immediately, that all licensees identified in Attachment 1 to this order and all other persons who produce, receive, or acquire the additional security measures identified above (whether draft or final) or any related safeguards information shall comply with the requirements of Attachments 2 and 3 to this order. The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the licensee. 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 (20) days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, 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, 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 delays in delivery of mail to United States Government offices, it is requested that E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices 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. 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 (20) days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 4th day of October 2006. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1—List of Applicable Materials Licensees Redacted ycherry on PROD1PC64 with NOTICES2 Attachment 2—Modified Handling Requirements for the Protection of Certain Safeguards Information (SGI– M) Modified Handling Requirements for the Protection of Certain Safeguards Information (SGI–M) General Requirement Information and material that the U.S. Nuclear Regulatory Commission (NRC) VerDate Aug<31>2005 15:21 Oct 12, 2006 Jkt 211001 determines are safeguards information must be protected from unauthorized disclosure. In order to distinguish information needing modified protection requirements from the safeguards information for reactors and fuel cycle facilities that require a higher level of protection, the term ‘‘Safeguards InformationModified Handling’’ (SGI–M) is being used as the distinguishing marking for certain materials licensees. Each person who produces, receives, or acquires SGI–M shall ensure that it is protected against unauthorized disclosure. To meet this requirement, licensees and persons shall establish and maintain an information protection system that includes the measures specified below. Information protection procedures employed by state and local police forces are deemed to meet these requirements. Persons Subject to These Requirements Any person, whether or not a licensee of the NRC, who produces, receives, or acquires SGI–M is subject to the requirements (and sanctions) of this document. Firms and their employees that supply services or equipment to materials licensees would fall under this requirement if they possess facility SGI–M. A licensee must inform contractors and suppliers of the existence of these requirements and the need for proper protection. (See more under Conditions for Access) State or local police units who have access to SGI–M are also subject to these requirements. However, these organizations are deemed to have adequate information protection systems. The conditions for transfer of information to a third party, i.e., need-to-know, would still apply to the police organization as would sanctions for unlawful disclosure. Again, it would be prudent for licensees who have arrangements with local police to advise them of the existence of these requirements. Criminal and Civil Sanctions The Atomic Energy Act of 1954, as amended, explicitly provides that any person, ‘‘whether or not a licensee of the Commission, who violates any regulations adopted under this section shall be subject to the civil monetary penalties of section 234 of this Act.’’ Furthermore, willful violation of any regulation or order governing safeguards information is a felony subject to criminal penalties in the form of fines or imprisonment, or both. See sections 147b. and 223 of the Act. Conditions for Access Access to SGI–M beyond the initial recipients of the order will be governed by the background check requirements imposed by the order. Access to SGI–M by licensee employees, agents, or contractors must include both an appropriate need-to-know determination by the licensee, as well as a determination concerning the trustworthiness of individuals having access to the information. Employees of an organization affiliated with the licensee’s company, e.g., a parent company, may be considered as employees of the licensee for access purposes. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 60585 Need-To-Know Need-to-know is defined as a determination by a person having responsibility for protecting SGI–M that a proposed recipient’s access to SGI–M is necessary in the performance of official, contractual, or licensee duties of employment. The recipient should be made aware that the information is SGI–M and those having access to it are subject to these requirements as well as criminal and civil sanctions for mishandling the information. Occupational Groups Dissemination of SGI–M is limited to individuals who have an established need-toknow and who are members of certain occupational groups. These occupational groups are: A. An employee, agent, or contractor of an applicant, a licensee, the Commission, or the United States Government; B. member of a duly authorized committee of the Congress; C. The Governor of a State or his designated representative; D. A representative of the International Atomic Energy Agency (IAEA) engaged in activities associated with the U.S./IAEA Safeguards Agreement who has been certified by the NRC; E. A member of a state or local law enforcement authority that is responsible for responding to requests for assistance during safeguards emergencies; or F. A person to whom disclosure is ordered pursuant to Section 2.744(e) of Part 2 of part 10 of the Code of Federal Regulations. G. State Radiation Control Program Directors (and State Homeland Security Directors) or their designees. In a generic sense, the individuals described above in (A) through (G) are considered to be trustworthy by virtue of their employment status. For nongovernmental individuals in group (A) above, a determination of reliability and trustworthiness is required. Discretion must be exercised in granting access to these individuals. If there is any indication that the recipient would be unwilling or unable to provide proper protection for the SGI–M, they are not authorized to receive SGI–M. Information Considered for Safeguards Information Designation Information deemed SGI–M is information the disclosure of which could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of theft, diversion, or sabotage of materials or facilities subject to NRC jurisdiction. SGI–M identifies safeguards information which is subject to these requirements. These requirements are necessary in order to protect quantities of nuclear material significant to the health and safety of the public or common defense and security. The overall measure for consideration of SGI–M is the usefulness of the information (security or otherwise) to an adversary in planning or attempting a malevolent act. The specificity of the information increases the likelihood that it will be useful to an adversary. E:\FR\FM\13OCN1.SGM 13OCN1 60586 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices Protection While in Use While in use, SGI–M shall be under the control of an authorized individual. This requirement is satisfied if the SGI–M is attended by an authorized individual even though the information is in fact not constantly being used. SGI–M, therefore, within alarm stations, continuously manned guard posts or ready rooms need not be locked in file drawers or storage containers. Under certain conditions the general control exercised over security zones or areas would be considered to meet this requirement. The primary consideration is limiting access to those who have a need-toknow. Some examples would be: Alarm stations, guard posts and guard ready rooms; Engineering or drafting areas if visitors are escorted and information is not clearly visible; Plant maintenance areas if access is restricted and information is not clearly visible; Administrative offices (e.g., central records or purchasing) if visitors are escorted and information is not clearly visible; ycherry on PROD1PC64 with NOTICES2 Protection While in Storage While unattended, SGI–M shall be stored in a locked file drawer or container. Knowledge of lock combinations or access to keys protecting SGI–M shall be limited to a minimum number of personnel for operating purposes who have a ‘‘need-to-know’’ and are otherwise authorized access to SGI–M in accordance with these requirements. Access to lock combinations or keys shall be strictly controlled so as to prevent disclosure to an unauthorized individual. Transportation of Documents and Other Matter Documents containing SGI–M when transmitted outside an authorized place of use or storage shall be enclosed in two sealed envelopes or wrappers. The inner envelope or wrapper shall contain the name and address of the intended recipient, and be marked on both sides, top and bottom with the words ‘‘Safeguards Information— Modified Handling.’’ The outer envelope or wrapper must be addressed to the intended recipient, must contain the address of the sender, and must not bear any markings or indication that the document contains SGI– M. SGI–M may be transported by any commercial delivery company that provides nationwide overnight service with computer tracking features, U.S. first class, registered, express, or certified mail, or by any individual authorized access pursuant to these requirements. Within a facility, SGI–M may be transmitted using a single opague envelope. It may also be transmitted within a facility without single or double wrapping, provided adequate measures are taken to protect the material against unauthorized disclosure. Individuals transporting SGI–M should retain the documents in their personal possession at all times or ensure that the information is appropriately wrapped and also secured to preclude compromise by an unauthorized individual. VerDate Aug<31>2005 15:21 Oct 12, 2006 Jkt 211001 Preparation and Marking of Documents While the NRC is the sole authority for determining what specific information may be designated as ‘‘SGI–M,’’ originators of documents are responsible for determining whether those documents contain such information. Each document or other matter that contains SGI–M shall be marked ‘‘Safeguards Information—Modified Handling’’ in a conspicuous manner on the top and bottom of the first page to indicate the presence of protected information. The first page of the document must also contain (i) the name, title, and organization of the individual authorized to make a SGI–M determination, and who has determined that the document contains SGI–M, (ii) the date the document was originated or the determination made, (iii) an indication that the document contains SGI–M, and (iv) an indication that unauthorized disclosure would be subject to civil and criminal sanctions. Each additional page shall be marked in a conspicuous fashion at the top and bottom with letters denoting ‘‘Safeguards Information—Modified Handling.’’ In additional to the ‘‘Safeguards Information—Modified Handling’’ markings at the top and bottom of each page, transmittal letters or memoranda which do not in themselves contain SGI–M shall be marked to indicate that attachments or enclosures contain SGI–M but that the transmittal does not (e.g., ‘‘When separated from SGI–M enclosure(s), this document is decontrolled’’). In addition to the information required on the face of the document, each item of correspondence that contains SGI–M shall, by marking or other means, clearly indicate which portions (e.g., paragraphs, pages, or appendices) contain SGI–M and which do not. Portion marking is not required for physical security and safeguards contingency plans. All documents or other matter containing SGI–M in use or storage shall be marked in accordance with these requirements. A specific exception is provided for documents in the possession of contractors and agents of licensees that were produced more than one year prior to the effective date of the order. Such documents need not be marked unless they are removed from file drawers or containers. The same exception applies to old documents stored away from the facility in central files or corporation headquarters. Since information protection procedures employed by state and local police forces are deemed to meet NRC requirements, documents in the possession of these agencies need not be marked as set forth in this document. Removal From SGI–M Category Documents containing SGI–M shall be removed from the SGI–M category (decontrolled) only after the NRC determines that the information no longer meets the criteria of SGI–M. Licensees have the authority to make determinations that specific documents which they created no longer contain SGI–M information and may be decontrolled. Consideration must be exercised to ensure that any document decontrolled shall not disclose SGI–M in PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 some other form or be combined with other unprotected information to disclose SGI–M. The authority to determine that a document may be decontrolled may be exercised only by, or with the permission of, the individual (or office) who made the original determination. The document shall indicate the name and organization of the individual removing the document from the SGI–M category and the date of the removal. Other persons who have the document in their possession should be notified of the decontrolling of the document. Reproduction of Matter Containing SGI–M SGI–M may be reproduced to the minimum extent necessary consistent with need without permission of the originator. Newer digital copiers which scan and retain images of documents represent a potential security concern. If the copier is retaining SGI–M information in memory, the copier cannot be connected to a network. It should also be placed in a location that is cleared and controlled for the authorized processing of SGI–M information. Different copiers have different capabilities, including some which come with features that allow the memory to be erased. Each copier would have to be examined from a physical security perspective. Use of Automatic Data Processing (ADP) Systems SGI–M may be processed or produced on an ADP system provided that the system is assigned to the licensee’s or contractor’s facility and requires the use of an entry code/ password for access to stored information. Licensees are encouraged to process this information in a computing environment that has adequate computer security controls in place to prevent unauthorized access to the information. An ADP system is defined here as a data processing system having the capability of long term storage of SGI–M. Word processors such as typewriters are not subject to the requirements as long as they do not transmit information off-site. (Note: If SGI–M is produced on a typewriter, the ribbon must be removed and stored in the same manner as other SGI–M information or media.) The basic objective of these restrictions is to prevent access and retrieval of stored SGI–M by unauthorized individuals, particularly from remote terminals. Specific files containing SGI–M will be password-protected to preclude access by an unauthorized individual. The National Institute of Standards and Technology (NIST) maintains a listing of all validated encryption systems at https:// csrc.nist.gov/cryptval/140–1/1401val.htm. SGI–M files may be transmitted over a network if the file is encrypted. In such cases, the licensee will select a commercially available encryption system that NIST has validated as conforming to Federal Information Processing Standards (FIPS). SGI–M files shall be properly labeled as ‘‘Safeguards Information—Modified Handling’’ and saved to removable media and stored in a locked file drawer or cabinet. Telecommunications SGI–M may not be transmitted by unprotected telecommunications circuits E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices except under emergency or extraordinary conditions. For the purpose of this requirement, emergency or extraordinary conditions are defined as any circumstances that require immediate communications in order to report, summon assistance for, or respond to a security event (or an event that has potential security significance). This restriction applies to telephone, telegraph, teletype, facsimile circuits, and to radio. Routine telephone or radio transmission between site security personnel, or between the site and local police, should be limited to message formats or codes that do not disclose facility security features or response procedures. Similarly, call-ins during transport should not disclose information useful to a potential adversary. Infrequent or non-repetitive telephone conversations regarding a physical security plan or program are permitted provided that the discussion is general in nature. Individuals should use care when discussing SGI–M at meetings or in the presence of others to ensure that the conversation is not overheard by persons not authorized access. Transcripts, tapes or minutes of meetings or hearings that contain SGI–M shall be marked and protected in accordance with these requirements. Destruction Documents containing SGI–M should be destroyed when no longer needed. They may be destroyed by tearing into small pieces, burning, shredding or any other method that precludes reconstruction by means available to the public at large. Piece sizes one half inch or smaller composed of several pages or documents and thoroughly mixed would be considered completely destroyed. Attachment 3—Trustworthiness and Reliability Requirements for Individuals Handling Safeguards Information ycherry on PROD1PC64 with NOTICES2 Trustworthiness and Reliability Requirements for Individuals Handling Safeguards Information In order to ensure the safe handling, use, and control of information designated as Safeguards Information, each licensee shall control and limit access to the information to only those individuals who have established the need-to-know the information, and are considered to be trustworthy and reliable. Licensees shall document the basis for concluding that there is reasonable assurance that individuals granted access to Safeguards Information are trustworthy and reliable, and do not constitute an unreasonable risk for malevolent use of the information. The Licensee shall comply with the requirements of this attachment: 1. The trustworthiness and reliability of an individual shall be determined based on a background investigation: (a) The background investigation shall address at least the past three (3) years, and, at a minimum, include verification of employment, 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). VerDate Aug<31>2005 15:21 Oct 12, 2006 Jkt 211001 (b) If an individual’s employment has been less than the required three (3) year period, educational references may be used in lieu of employment history. The licensee’s background investigation requirements may be satisfied for an individual that has an active Federal security clearance. 2. The licensee shall retain documentation regarding the trustworthiness and reliability of individual employees for three years after the individual’s employment ends. [FR Doc. E6–16995 Filed 10–12–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [EA–06–242] In the Matter of All Licensees Identified in Attachment 1 to Order EA–06–241 and All Other Persons Who Seek or Obtain Access to Safeguards Information Described Herein; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information (Effective Immediately) I The Licensees identified in Attachment 1 1 to Order EA–06–241 hold licenses issued in accordance with the Atomic Energy Act (AEA) of 1954, as amended, by the U.S. Nuclear Regulatory Commission (NRC or Commission) or Agreement States, authorizing them to engage in an activity subject to regulation by the Commission or Agreement States. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation (FBI) identification and criminal history records check of any person who is to be permitted to have access to Safeguards Information (SGI).2 The NRC’s implementation of this requirement cannot await the completion of the SGI rulemaking, which is underway, because the EPAct fingerprinting and criminal history records check requirements for access to SGI were immediately effective upon enactment of the EPAct. Although the EPAct permits the Commission by rule to except certain categories of individuals from the fingerprinting requirement, which the Commission has 1 Attachment 1 to Order EA–06–241 contains sensitive information and will not be released to the public. 2 Safeguards Information is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under section 147 of the AEA. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 60587 done (see 10 CFR Part 73.59, 71 FR 33,989 (June 13, 2006)), it is unlikely that licensee employees or others are excepted from the fingerprinting requirement by the ‘‘fingerprinting relief’’ rule. Individuals relieved from fingerprinting and criminal history records checks under the relief rule include Federal, State, and local officials and law enforcement personnel; Agreement State inspectors who conduct security inspections on behalf of the NRC; members of Congress and certain employees of members of Congress or Congressional Committees, and representatives of the International Atomic Energy Agency (IAEA) or certain foreign government organizations. In addition, individuals who have a favorably-decided U.S. Government criminal history records check within the last five (5) years, or individuals who have active Federal security clearances (provided in either case that they make available the appropriate documentation), have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. Therefore, in accordance with Section 149 of the AEA, as amended by the EPAct, the Commission is imposing additional requirements for access to SGI, as set forth by this Order, so that affected licensees can obtain and grant access to SGI. This Order also imposes requirements for access to SGI by any person, from any person,3 whether or not a Licensee, Applicant, or Certificate Holder of the Commission or Agreement States. II The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of SGI. Section 147 of the AEA grants the Commission explicit authority to issue such Orders as necessary to prohibit the unauthorized disclosure of SGI. Furthermore, Section 652 of the EPAct amended Section 149 of the AEA to require fingerprinting and an FBI identification and a criminal history records check of each individual who seeks access to SGI. In addition, no person may have access to SGI unless 3 Person means (1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the Department of Energy, except that the Department of Energy shall be considered a person with respect to those facilities of the Department of Energy specified in section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), any State or any political subdivision of, or any political entity within a State, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and (2) any legal successor, representative, agent, or agency of the foregoing. E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Notices]
[Pages 60583-60587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16995]


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NUCLEAR REGULATORY COMMISSION

[EA-06-241]


In the Matter of All Licensees Who Possess Radioactive Material 
in Quantities of Concern and All Other Persons Who Obtain Safeguards 
Information Described Herein; Order Imposing Requirements for the 
Protection of Certain Safeguards Information (Effective Immediately)

I

    The Licensees, identified in Attachment 1 \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) or an 
Agreement State, authorizing them to possess and transfer items 
containing radioactive material quantities of concern. The NRC intends 
to issue security Orders to these licensees in the near future. Orders 
will be issued to both NRC and Agreement State materials licensees who 
may transport radioactive material quantities of concern. The Orders 
will require compliance with specific Additional Security Measures to 
enhance the security for transport of certain radioactive material 
quantities of concern. The NRC will issue Orders to both NRC and 
Agreement State licensees under its authority to protect the common 
defense and security, which has not been relinquished to the Agreement 
States. The Commission has determined that these documents will contain 
Safeguards Information, will not be released to the public, and must be 
protected from unauthorized disclosure. Therefore, the Commission is 
imposing the requirements, as set forth in Attachments 2 and 3 to this 
Order and in Order EA-06-242, so that affected Licensees can receive 
these documents. This Order also imposes requirements for the 
protection of Safeguards

[[Page 60584]]

Information in the hands of any person,\2\ whether or not a licensee of 
the Commission, who produces, receives, or acquires Safeguards 
Information.
---------------------------------------------------------------------------

    \1\ Attachment 1 contains sensitive information and will not be 
released to the public.
    \2\ Person means (1) any individual, corporation, partnership, 
firm, association, trust, estate, public or private institution, 
group, government agency other than the Commission or the 
Department, except that the Department shall be considered a person 
with respect to those facilities of the Department specified in 
section 202 of the Energy Reorganization Act of 1974 (88 Stat. 
1244), any State or any political subdivision of, or any political 
entity within a State, any foreign government or nation or any 
political subdivision of any such government or nation, or other 
entity; and (2) any legal successor, representative, agent, or 
agency of the foregoing.
---------------------------------------------------------------------------

II

    The Commission has broad statutory authority to protect and 
prohibit the unauthorized disclosure of Safeguards Information. Section 
147 of the Atomic Energy Act of 1954, as amended, grants the Commission 
explicit authority to ``* * * issue such orders, as necessary to 
prohibit the unauthorized disclosure of safeguards information * * *'' 
This authority extends to information concerning transfer of special 
nuclear material, source material, and byproduct material. Licensees 
and all persons who produce, receive, or acquire Safeguards Information 
must ensure proper handling and protection of Safeguards Information to 
avoid unauthorized disclosure in accordance with the specific 
requirements for the protection of Safeguards Information contained in 
Attachments 2 and 3 to this Order. The Commission hereby provides 
notice that it intends to treat violations of the requirements 
contained in Attachments 2 and 3 to this Order applicable to the 
handling and unauthorized disclosure of Safeguards Information as 
serious breaches of adequate protection of the public health and safety 
and the common defense and security of the United States. Access to 
Safeguards Information is limited to those persons who have established 
the need-to-know the information, are considered to be trustworthy and 
reliable, and meet the requirements of Order EA-06-242. A need-to-know 
means a determination by a person having responsibility for protecting 
Safeguards Information that a proposed recipient's access to Safeguards 
Information is necessary in the performance of official, contractual, 
or licensee duties of employment. Licensees and all other persons who 
obtain Safeguards Information must ensure that they develop, maintain 
and implement strict policies and procedures for the proper handling of 
Safeguards Information to prevent unauthorized disclosure, in 
accordance with the requirements in Attachments 2 and 3 to this Order. 
All licensees must ensure that all contractors whose employees may have 
access to Safeguards Information either adhere to the licensee's 
policies and procedures on Safeguards Information or develop, maintain 
and implement their own acceptable policies and procedures. The 
licensees remain responsible for the conduct of their contractors. The 
policies and procedures necessary to ensure compliance with applicable 
requirements contained in Attachments 2 and 3 to this Order must 
address, at a minimum, the following: the general performance 
requirement that each person who produces, receives, or acquires 
Safeguards Information shall ensure that Safeguards Information is 
protected against unauthorized disclosure; protection of Safeguards 
Information at fixed sites, in use and in storage, and while in 
transit; correspondence containing Safeguards Information; access to 
Safeguards Information; preparation, marking, reproduction and 
destruction of documents; external transmission of documents; use of 
automatic data processing systems; removal of the Safeguards 
Information category; the need-to-know the information; and background 
checks to determine access to the information.
    In order to provide assurance that the licensees are implementing 
prudent measures to achieve a consistent level of protection to 
prohibit the unauthorized disclosure of Safeguards Information, all 
licensees who hold licenses issued by the U.S. Nuclear Regulatory 
Commission or an Agreement State authorizing them to possess and who 
may transport items containing radioactive material quantities of 
concern shall implement the requirements identified in Attachments 2 
and 3 to this Order. The Commission recognizes that licensees may have 
already initiated many of the measures set forth in Attachments 2 and 3 
to this Order for handling of Safeguards Information in conjunction 
with current NRC license requirements or previous NRC Orders. 
Additional measures set forth in Attachments 2 and 3 to this Order 
should be incorporated into the licensee's current program for 
Safeguards Information. In addition, pursuant to 10 CFR Part 2.202, I 
find that in light of the common defense and security matters 
identified above, which warrant the issuance of this Order, the public 
health, safety and interest require that this Order be effective 
immediately.

III

    Accordingly, pursuant to Sections 81, 147, 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, 10 CFR Part 
32, 10 CFR Part 35, and 10 CFR Part 70, It is hereby ordered, effective 
immediately, that all licensees identified in Attachment 1 to this 
order and all other persons who produce, receive, or acquire the 
additional security measures identified above (whether draft or final) 
or any related safeguards information shall comply with the 
requirements of Attachments 2 and 3 to this order.
    The Director, Office of Federal and State Materials and 
Environmental Management Programs, may, in writing, relax or rescind 
any of the above conditions upon demonstration of good cause by the 
licensee.

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 (20) days 
of the date of this Order. Where good cause is shown, consideration 
will be given to extending the time to request a hearing. A request for 
extension of time in which to submit an answer or request a hearing 
must be made in writing to the Director, Office of Federal and State 
Materials and Environmental Management Programs, 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, 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 delays in delivery of mail to United 
States Government offices, it is requested that

[[Page 60585]]

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.
    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 (20) days from the date of this Order without further 
order or proceedings. If an extension of time for requesting a hearing 
has been approved, the provisions specified in Section III shall be 
final when the extension expires if a hearing request has not been 
received.
    An answer or a request for hearing shall not stay the immediate 
effectiveness of this order.

    Dated this 4th day of October 2006.

    For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental 
Management Programs.

Attachment 1--List of Applicable Materials Licensees

Redacted

Attachment 2--Modified Handling Requirements for the Protection of 
Certain Safeguards Information (SGI-M)

Modified Handling Requirements for the Protection of Certain Safeguards 
Information (SGI-M)

General Requirement

    Information and material that the U.S. Nuclear Regulatory 
Commission (NRC) determines are safeguards information must be 
protected from unauthorized disclosure. In order to distinguish 
information needing modified protection requirements from the 
safeguards information for reactors and fuel cycle facilities that 
require a higher level of protection, the term ``Safeguards 
Information-Modified Handling'' (SGI-M) is being used as the 
distinguishing marking for certain materials licensees. Each person 
who produces, receives, or acquires SGI-M shall ensure that it is 
protected against unauthorized disclosure. To meet this requirement, 
licensees and persons shall establish and maintain an information 
protection system that includes the measures specified below. 
Information protection procedures employed by state and local police 
forces are deemed to meet these requirements.

Persons Subject to These Requirements

    Any person, whether or not a licensee of the NRC, who produces, 
receives, or acquires SGI-M is subject to the requirements (and 
sanctions) of this document. Firms and their employees that supply 
services or equipment to materials licensees would fall under this 
requirement if they possess facility SGI-M. A licensee must inform 
contractors and suppliers of the existence of these requirements and 
the need for proper protection. (See more under Conditions for 
Access)
    State or local police units who have access to SGI-M are also 
subject to these requirements. However, these organizations are 
deemed to have adequate information protection systems. The 
conditions for transfer of information to a third party, i.e., need-
to-know, would still apply to the police organization as would 
sanctions for unlawful disclosure. Again, it would be prudent for 
licensees who have arrangements with local police to advise them of 
the existence of these requirements.

Criminal and Civil Sanctions

    The Atomic Energy Act of 1954, as amended, explicitly provides 
that any person, ``whether or not a licensee of the Commission, who 
violates any regulations adopted under this section shall be subject 
to the civil monetary penalties of section 234 of this Act.'' 
Furthermore, willful violation of any regulation or order governing 
safeguards information is a felony subject to criminal penalties in 
the form of fines or imprisonment, or both. See sections 147b. and 
223 of the Act.

Conditions for Access

    Access to SGI-M beyond the initial recipients of the order will 
be governed by the background check requirements imposed by the 
order. Access to SGI-M by licensee employees, agents, or contractors 
must include both an appropriate need-to-know determination by the 
licensee, as well as a determination concerning the trustworthiness 
of individuals having access to the information. Employees of an 
organization affiliated with the licensee's company, e.g., a parent 
company, may be considered as employees of the licensee for access 
purposes.

Need-To-Know

    Need-to-know is defined as a determination by a person having 
responsibility for protecting SGI-M that a proposed recipient's 
access to SGI-M is necessary in the performance of official, 
contractual, or licensee duties of employment. The recipient should 
be made aware that the information is SGI-M and those having access 
to it are subject to these requirements as well as criminal and 
civil sanctions for mishandling the information.

Occupational Groups

    Dissemination of SGI-M is limited to individuals who have an 
established need-to-know and who are members of certain occupational 
groups. These occupational groups are:
    A. An employee, agent, or contractor of an applicant, a 
licensee, the Commission, or the United States Government;
    B. member of a duly authorized committee of the Congress;
    C. The Governor of a State or his designated representative;
    D. A representative of the International Atomic Energy Agency 
(IAEA) engaged in activities associated with the U.S./IAEA 
Safeguards Agreement who has been certified by the NRC;
    E. A member of a state or local law enforcement authority that 
is responsible for responding to requests for assistance during 
safeguards emergencies; or
    F. A person to whom disclosure is ordered pursuant to Section 
2.744(e) of Part 2 of part 10 of the Code of Federal Regulations.
    G. State Radiation Control Program Directors (and State Homeland 
Security Directors) or their designees.
    In a generic sense, the individuals described above in (A) 
through (G) are considered to be trustworthy by virtue of their 
employment status. For non-governmental individuals in group (A) 
above, a determination of reliability and trustworthiness is 
required. Discretion must be exercised in granting access to these 
individuals. If there is any indication that the recipient would be 
unwilling or unable to provide proper protection for the SGI-M, they 
are not authorized to receive SGI-M.

Information Considered for Safeguards Information Designation

    Information deemed SGI-M is information the disclosure of which 
could reasonably be expected to have a significant adverse effect on 
the health and safety of the public or the common defense and 
security by significantly increasing the likelihood of theft, 
diversion, or sabotage of materials or facilities subject to NRC 
jurisdiction.
    SGI-M identifies safeguards information which is subject to 
these requirements. These requirements are necessary in order to 
protect quantities of nuclear material significant to the health and 
safety of the public or common defense and security.
    The overall measure for consideration of SGI-M is the usefulness 
of the information (security or otherwise) to an adversary in 
planning or attempting a malevolent act. The specificity of the 
information increases the likelihood that it will be useful to an 
adversary.

[[Page 60586]]

Protection While in Use

    While in use, SGI-M shall be under the control of an authorized 
individual. This requirement is satisfied if the SGI-M is attended 
by an authorized individual even though the information is in fact 
not constantly being used. SGI-M, therefore, within alarm stations, 
continuously manned guard posts or ready rooms need not be locked in 
file drawers or storage containers.
    Under certain conditions the general control exercised over 
security zones or areas would be considered to meet this 
requirement. The primary consideration is limiting access to those 
who have a need-to-know. Some examples would be:
    Alarm stations, guard posts and guard ready rooms;
    Engineering or drafting areas if visitors are escorted and 
information is not clearly visible;
    Plant maintenance areas if access is restricted and information 
is not clearly visible;
    Administrative offices (e.g., central records or purchasing) if 
visitors are escorted and information is not clearly visible;

Protection While in Storage

    While unattended, SGI-M shall be stored in a locked file drawer 
or container. Knowledge of lock combinations or access to keys 
protecting SGI-M shall be limited to a minimum number of personnel 
for operating purposes who have a ``need-to-know'' and are otherwise 
authorized access to SGI-M in accordance with these requirements. 
Access to lock combinations or keys shall be strictly controlled so 
as to prevent disclosure to an unauthorized individual.

Transportation of Documents and Other Matter

    Documents containing SGI-M when transmitted outside an 
authorized place of use or storage shall be enclosed in two sealed 
envelopes or wrappers. The inner envelope or wrapper shall contain 
the name and address of the intended recipient, and be marked on 
both sides, top and bottom with the words ``Safeguards Information--
Modified Handling.'' The outer envelope or wrapper must be addressed 
to the intended recipient, must contain the address of the sender, 
and must not bear any markings or indication that the document 
contains SGI-M.
    SGI-M may be transported by any commercial delivery company that 
provides nationwide overnight service with computer tracking 
features, U.S. first class, registered, express, or certified mail, 
or by any individual authorized access pursuant to these 
requirements.
    Within a facility, SGI-M may be transmitted using a single 
opague envelope. It may also be transmitted within a facility 
without single or double wrapping, provided adequate measures are 
taken to protect the material against unauthorized disclosure. 
Individuals transporting SGI-M should retain the documents in their 
personal possession at all times or ensure that the information is 
appropriately wrapped and also secured to preclude compromise by an 
unauthorized individual.

Preparation and Marking of Documents

    While the NRC is the sole authority for determining what 
specific information may be designated as ``SGI-M,'' originators of 
documents are responsible for determining whether those documents 
contain such information. Each document or other matter that 
contains SGI-M shall be marked ``Safeguards Information--Modified 
Handling'' in a conspicuous manner on the top and bottom of the 
first page to indicate the presence of protected information. The 
first page of the document must also contain (i) the name, title, 
and organization of the individual authorized to make a SGI-M 
determination, and who has determined that the document contains 
SGI-M, (ii) the date the document was originated or the 
determination made, (iii) an indication that the document contains 
SGI-M, and (iv) an indication that unauthorized disclosure would be 
subject to civil and criminal sanctions. Each additional page shall 
be marked in a conspicuous fashion at the top and bottom with 
letters denoting ``Safeguards Information--Modified Handling.''
    In additional to the ``Safeguards Information--Modified 
Handling'' markings at the top and bottom of each page, transmittal 
letters or memoranda which do not in themselves contain SGI-M shall 
be marked to indicate that attachments or enclosures contain SGI-M 
but that the transmittal does not (e.g., ``When separated from SGI-M 
enclosure(s), this document is decontrolled'').
    In addition to the information required on the face of the 
document, each item of correspondence that contains SGI-M shall, by 
marking or other means, clearly indicate which portions (e.g., 
paragraphs, pages, or appendices) contain SGI-M and which do not. 
Portion marking is not required for physical security and safeguards 
contingency plans.
    All documents or other matter containing SGI-M in use or storage 
shall be marked in accordance with these requirements. A specific 
exception is provided for documents in the possession of contractors 
and agents of licensees that were produced more than one year prior 
to the effective date of the order. Such documents need not be 
marked unless they are removed from file drawers or containers. The 
same exception applies to old documents stored away from the 
facility in central files or corporation headquarters.
    Since information protection procedures employed by state and 
local police forces are deemed to meet NRC requirements, documents 
in the possession of these agencies need not be marked as set forth 
in this document.

Removal From SGI-M Category

    Documents containing SGI-M shall be removed from the SGI-M 
category (decontrolled) only after the NRC determines that the 
information no longer meets the criteria of SGI-M. Licensees have 
the authority to make determinations that specific documents which 
they created no longer contain SGI-M information and may be 
decontrolled. Consideration must be exercised to ensure that any 
document decontrolled shall not disclose SGI-M in some other form or 
be combined with other unprotected information to disclose SGI-M.
    The authority to determine that a document may be decontrolled 
may be exercised only by, or with the permission of, the individual 
(or office) who made the original determination. The document shall 
indicate the name and organization of the individual removing the 
document from the SGI-M category and the date of the removal. Other 
persons who have the document in their possession should be notified 
of the decontrolling of the document.

Reproduction of Matter Containing SGI-M

    SGI-M may be reproduced to the minimum extent necessary 
consistent with need without permission of the originator. Newer 
digital copiers which scan and retain images of documents represent 
a potential security concern. If the copier is retaining SGI-M 
information in memory, the copier cannot be connected to a network. 
It should also be placed in a location that is cleared and 
controlled for the authorized processing of SGI-M information. 
Different copiers have different capabilities, including some which 
come with features that allow the memory to be erased. Each copier 
would have to be examined from a physical security perspective.

Use of Automatic Data Processing (ADP) Systems

    SGI-M may be processed or produced on an ADP system provided 
that the system is assigned to the licensee's or contractor's 
facility and requires the use of an entry code/password for access 
to stored information. Licensees are encouraged to process this 
information in a computing environment that has adequate computer 
security controls in place to prevent unauthorized access to the 
information. An ADP system is defined here as a data processing 
system having the capability of long term storage of SGI-M. Word 
processors such as typewriters are not subject to the requirements 
as long as they do not transmit information off-site. (Note: If SGI-
M is produced on a typewriter, the ribbon must be removed and stored 
in the same manner as other SGI-M information or media.) The basic 
objective of these restrictions is to prevent access and retrieval 
of stored SGI-M by unauthorized individuals, particularly from 
remote terminals. Specific files containing SGI-M will be password-
protected to preclude access by an unauthorized individual. The 
National Institute of Standards and Technology (NIST) maintains a 
listing of all validated encryption systems at https://csrc.nist.gov/
cryptval/140-1/1401val.htm. SGI-M files may be transmitted over a 
network if the file is encrypted. In such cases, the licensee will 
select a commercially available encryption system that NIST has 
validated as conforming to Federal Information Processing Standards 
(FIPS). SGI-M files shall be properly labeled as ``Safeguards 
Information--Modified Handling'' and saved to removable media and 
stored in a locked file drawer or cabinet.

Telecommunications

    SGI-M may not be transmitted by unprotected telecommunications 
circuits

[[Page 60587]]

except under emergency or extraordinary conditions. For the purpose 
of this requirement, emergency or extraordinary conditions are 
defined as any circumstances that require immediate communications 
in order to report, summon assistance for, or respond to a security 
event (or an event that has potential security significance).
    This restriction applies to telephone, telegraph, teletype, 
facsimile circuits, and to radio. Routine telephone or radio 
transmission between site security personnel, or between the site 
and local police, should be limited to message formats or codes that 
do not disclose facility security features or response procedures. 
Similarly, call-ins during transport should not disclose information 
useful to a potential adversary. Infrequent or non-repetitive 
telephone conversations regarding a physical security plan or 
program are permitted provided that the discussion is general in 
nature.
    Individuals should use care when discussing SGI-M at meetings or 
in the presence of others to ensure that the conversation is not 
overheard by persons not authorized access. Transcripts, tapes or 
minutes of meetings or hearings that contain SGI-M shall be marked 
and protected in accordance with these requirements.

Destruction

    Documents containing SGI-M should be destroyed when no longer 
needed. They may be destroyed by tearing into small pieces, burning, 
shredding or any other method that precludes reconstruction by means 
available to the public at large. Piece sizes one half inch or 
smaller composed of several pages or documents and thoroughly mixed 
would be considered completely destroyed.

Attachment 3--Trustworthiness and Reliability Requirements for 
Individuals Handling Safeguards Information

Trustworthiness and Reliability Requirements for Individuals Handling 
Safeguards Information

    In order to ensure the safe handling, use, and control of 
information designated as Safeguards Information, each licensee 
shall control and limit access to the information to only those 
individuals who have established the need-to-know the information, 
and are considered to be trustworthy and reliable. Licensees shall 
document the basis for concluding that there is reasonable assurance 
that individuals granted access to Safeguards Information are 
trustworthy and reliable, and do not constitute an unreasonable risk 
for malevolent use of the information.
    The Licensee shall comply with the requirements of this 
attachment:
    1. The trustworthiness and reliability of an individual shall be 
determined based on a background investigation:
    (a) The background investigation shall address at least the past 
three (3) years, and, at a minimum, include verification of 
employment, 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).
    (b) If an individual's employment has been less than the 
required three (3) year period, educational references may be used 
in lieu of employment history.
    The licensee's background investigation requirements may be 
satisfied for an individual that has an active Federal security 
clearance.
    2. The licensee shall retain documentation regarding the 
trustworthiness and reliability of individual employees for three 
years after the individual's employment ends.

 [FR Doc. E6-16995 Filed 10-12-06; 8:45 am]
BILLING CODE 7590-01-P
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