In the Matter of Certain Licensees Authorized To Possess and Transfer Items Containing Radioactive Material Quantities of Concern; Order Imposing Additional Security Measures (Effective Immediately), 51016-51023 [E8-20119]
Download as PDF
mstockstill on PROD1PC66 with NOTICES
51016
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville, Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/ehd_proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, Participants are requested
not to include copyrighted materials in
their submissions.
For further details with respect to this
license amendment application, see the
application for amendment dated
October 26, 2007, which is available for
public inspection at the Commission’s
PDR, located at One White Flint North,
File Public Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agencywide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
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 1–800–
397–4209, 301–415–4737, or by e-mail
to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 25th day
of August 2008.
For the Nuclear Regulatory Commission.
Patrick D. Milano,
Senior Project Manager, Watts Bar Special
Projects Branch, Division of Operating
Reactor Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. E8–20118 Filed 8–28–08; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
NUCLEAR REGULATORY
COMMISSION
[EA–08–225]
In the Matter of Certain Licensees
Authorized To Possess and Transfer
Items Containing Radioactive Material
Quantities of Concern; Order Imposing
Additional Security Measures
(Effective Immediately)
I
The Licensees identified in
Attachment A 1 to this Order, hold
licenses issued by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) or an Agreement State, in
accordance with the Atomic Energy Act
of 1954, as amended, and 10 CFR Parts
30, 32, 70 and 71, or equivalent
Agreement State regulations. The
licenses authorize them to possess and
transfer items containing radioactive
material quantities of concern. This
Order is being issued to all such
Licensees who may transport
radioactive material quantities of
concern under the NRC’s authority to
protect the common defense and
security, which has not been
relinquished to the Agreement States.
The Orders require compliance with
specific additional security measures to
enhance the security for transport of
certain radioactive material quantities of
concern.
II
On September 11, 2001, terrorists
simultaneously attacked targets in New
York, NY, and Washington, DC,
utilizing large commercial aircraft as
weapons. In response to the attacks and
intelligence information subsequently
obtained, the Commission issued a
number of Safeguards and Threat
Advisories to Licensees in order to
strengthen Licensees’ capabilities and
readiness to respond to a potential
attack on this regulated activity. The
Commission has also communicated
with other Federal, State and local
government agencies and industry
representatives to discuss and evaluate
the current threat environment in order
to assess the adequacy of the current
security measures. In addition, the
Commission commenced a
comprehensive review of its safeguards
and security programs and
requirements.
As a result of its initial consideration
of current safeguards and security
requirements, as well as a review of
information provided by the intelligence
community, the Commission has
1 Attachment A contains sensitive information
and will not be released to the public.
Frm 00092
Fmt 4703
Sfmt 4703
E:\FR\FM\29AUN1.SGM
29AUN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
determined that certain security
measures are required to be
implemented by Licensees as prudent,
interim measures to address the current
threat environment in a consistent
manner. Therefore, the Commission is
imposing requirements, as set forth in
Attachment B 2 of this Order, on all
Licensees identified in Attachment A of
this Order. These additional security
measures, which supplement existing
regulatory requirements, will provide
the Commission with reasonable
assurance that the common defense and
security continue to be adequately
protected in the current threat
environment. Attachment C of this
Order contains the requirements for
fingerprinting and criminal history
record checks for individuals when
licensee’s reviewing official is
determining access to Safeguards
Information or unescorted access to the
radioactive materials. These
requirements will remain in effect until
the Commission determines otherwise.
It is also recognized that some
measures may not be possible or
necessary for all shipments of
radioactive material quantities of
concern, or may need to be tailored to
accommodate the Licensees’ specific
circumstances to achieve the intended
objectives and avoid any unforeseen
effect on the safe transport of
radioactive material quantities of
concern.
In light of the continuing threat
environment, the Commission
concludes that the security measures
must be embodied in an Order,
consistent with the established
regulatory framework. The Commission
has determined that some of the security
measures contained in Attachment B of
this Order contain Safeguards
Information and will not be released to
the public as per NRC’s ‘‘Order
Imposing Requirements for the
Protection of Certain Safeguards
Information’’ (EA–08–161), issued
specifically to the Licensees identified
in Attachment A to this Order. Access
to Safeguards Information is limited to
those persons who have established a
need-to-know the information, are
considered to be trustworthy and
reliable, have been fingerprinted and
undergone a Federal Bureau of
Investigation (FBI) identification and
criminal history records check in
accordance with the NRC’s ‘‘Order
Imposing Fingerprinting and Criminal
2 Attachment B contains some requirements that
are SAFEGUARDS INFORMATION, and cannot be
released to the public. The remainder of the
requirements contained in Attachment B that are
not SAFEGUARDS INFORMATION will be released
to the public.
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
History Records Check Requirements for
Access to Safeguards Information’’ (EA–
08–162). 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. Individuals who have
been fingerprinted and granted access to
Safeguards Information by the reviewing
official under the NRC’s ‘‘Order
Imposing Fingerprinting and Criminal
History Records Check Requirements for
Access to Safeguards Information’’ (EA–
08–162) do not need to be fingerprinted
again for purposes of being considered
for unescorted access.
This Order also requires that a
reviewing official must consider the
results of the Federal Bureau of
Investigations criminal history records
check in conjunction with other
applicable requirements to determine
whether an individual may be granted
or allowed continued unescorted access.
The reviewing official may be one that
has previously been approved by NRC
in accordance with the ‘‘Order Imposing
Fingerprinting and Criminal History
Records Check Requirements for Access
to Safeguards Information’’ (EA–08–
162). Licensees may nominate
additional reviewing officials for
making unescorted access
determinations in accordance with NRC
Orders EA–08–162. The nominated
reviewing officials must have access to
Safeguards Information or require
unescorted access to the radioactive
material as part of their job duties.
To provide assurance that Licensees
are implementing prudent measures to
achieve a consistent level of protection
to address the current threat
environment, all Licensees identified in
Attachment A to this Order shall
implement the requirements identified
in Attachments B and C to this Order.
In addition, pursuant to 10 CFR 2.202,
I find that in light of the common
defense and security matters identified
above, which warrant the issuance of
this Order, the public health and safety
require that this Order be immediately
effective.
III
Accordingly, pursuant to Sections 53,
63, 81, 147, 149, 161b, 161i, 161o, 182
and 186 of the Atomic Energy Act of
1954, as amended, and the
Commission’s regulations in 10 CFR
2.202 and 10 CFR Parts 30, 32, 70 and
71, It is hereby ordered, effective
immediately, that all licensees
identified in attachment a to this order
shall comply with the following:
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
51017
A. All Licensees shall,
notwithstanding the provisions of any
Commission or Agreement State
regulation or license to the contrary,
comply with the requirements described
in Attachments B and C to this Order.
The Licensees shall immediately start
implementation of the requirements in
Attachments B and C to the Order and
shall complete implementation by
February 17, 2009, or before the first
shipment of radioactive material
quantities of concern, whichever is
sooner.
B. 1. All Licensees shall, within
twenty (20) days of the date of this
Order, notify the Commission, (1) if they
are unable to comply with any of the
requirements described in Attachments
B or C, (2) if compliance with any of the
requirements is unnecessary in their
specific circumstances, or (3) if
implementation of any of the
requirements would cause the Licensee
to be in violation of the provisions of
any Commission or Agreement State
regulation or its license. The
notification shall provide the Licensees’
justification for seeking relief from or
variation of any specific requirement.
2. Any Licensee that considers that
implementation of any of the
requirements described in Attachments
B or C to this Order would adversely
impact the safe transport of radioactive
material quantities of concern must
notify the Commission, within twenty
(20) days of this Order, of the adverse
safety impact, the basis for its
determination that the requirement has
an adverse safety impact, and either a
proposal for achieving the same
objectives specified in the Attachments
B or requirement in question, or a
schedule for modifying the activity to
address the adverse safety condition. If
neither approach is appropriate, the
Licensee must supplement its response
to Condition B.1 of this Order to
identify the condition as a requirement
with which it cannot comply, with
attendant justifications as required in
Condition B.1.
C. 1. In accordance with the NRC’s
‘‘Order Imposing Fingerprinting and
Criminal History Records Check
Requirements for Access to Safeguards
Information’’ (EA–08–162) only the
NRC-approved reviewing official shall
review results from an FBI criminal
history records check. The licensee may
use a reviewing official previously
approved by the NRC as its reviewing
official for determining access to
Safeguards Information or the licensee
may nominate another individual
specifically for making unescorted
access to radioactive material
determinations, using the process
E:\FR\FM\29AUN1.SGM
29AUN1
mstockstill on PROD1PC66 with NOTICES
51018
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
described in EA–08–162. The reviewing
official must have access to Safeguards
Information or require unescorted
access to the radioactive material as part
of their job duties. The reviewing
official shall determine whether an
individual may have, or continue to
have, unescorted access to radioactive
materials that equal or exceed the
quantities in Attachment B to this
Order. Fingerprinting and the FBI
identification and criminal history
records check are not required for
individuals exempted from
fingerprinting requirements under 10
CFR 73.61 [72 FR 4945 (February 2,
2007)]. In addition, individuals who
have a favorably decided U.S.
Government criminal history records
check within the last five (5) years, or
have an active federal security clearance
(provided in each case that the
appropriate documentation is made
available to the Licensee’s reviewing
official), have satisfied the Atomic
Energy Act of 1954, as amended,
fingerprinting requirement and need not
be fingerprinted again for purposes of
being considered for unescorted access.
2. No person may have access to
Safeguards Information or unescorted
access to radioactive materials if the
NRC has determined, in accordance
with its administrative review process
based on fingerprinting and an FBI
identification and criminal history
records check, either that the person
may not have access to Safeguards
Information or that the person may not
have unescorted access to a utilization
facility, or radioactive material or other
property subject to regulation by the
NRC.
D. Fingerprints shall be submitted and
reviewed in accordance with the
procedures described in Attachment C
to this Order. Individuals who have
been fingerprinted and granted access to
Safeguards Information by the reviewing
official under Order EA–08–162, do not
need to be fingerprinted again for
purposes of being considered for
unescorted access.
E. The Licensee may allow any
individual who currently has
unescorted access to radioactive
materials, in accordance with this
Order, to continue to have unescorted
access without being fingerprinted,
pending a decision by the reviewing
official (based on fingerprinting, an FBI
criminal history records check and a
trustworthy and reliability
determination) that the individual may
continue to have unescorted access to
radioactive materials that equal or
exceed the quantities listed in
Attachment B to this Order. The
licensee shall complete implementation
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
of the requirements of Attachments B
and C to this Order by February 17,
2009.
F. 1. The Licensee shall, within
twenty (20) days of the date of this
Order, submit to the Commission a
schedule for completion of each
requirement described in Attachments B
and C.
2. The Licensee shall report to the
Commission when they have achieved
full compliance with the requirements
described in Attachments B and C.
G. Notwithstanding any provisions of
the Commission’s or an Agreement
State’s regulations to the contrary, all
measures implemented or actions taken
in response to this Order shall be
maintained until the Commission
determines otherwise.
Licensee responses to Conditions B.1,
B.2, F.1, and F.2 above shall be
submitted to the Director, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. In addition,
Licensee submittals that contain specific
physical protection or security
information considered to be Safeguards
Information shall be put in a separate
enclosure or attachment and, marked as
‘‘SAFEGUARDS INFORMATION—
MODIFIED HANDLING’’ and mailed (no
electronic transmittals i.e., no e-mail or
FAX) to the NRC.
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 by the
Licensee of good cause.
IV
In accordance with 10 CFR 2.202, the
Licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order within
twenty (20) days of the date of this
Order. In addition, the Licensee and any
other person adversely affected by this
Order may request a hearing of this
Order within twenty (20) days of the
date of the Order. Where good cause is
shown, consideration will be given to
extending the time to request a hearing.
A request for extension of time 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. If the answer includes a request
for a hearing, it shall, under oath or
affirmation, specifically set forth the
matters of fact and law on which the
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
Licensee relies and the reasons as to
why the Order should not have been
issued. If a person other than the
Licensee requests a hearing, that person
shall set forth with particularity the
manner in which his interest is
adversely affected by this Order and
shall address the criteria set forth in 10
CFR 2.309(d).
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007, 72 FR 49139 (Aug. 28, 2007) and
codified in pertinent part at 10 CFR Part
2, Subpart B. The E-Filing process
requires participants to submit and
serve all adjudicatory documents over
the Internet, or in some cases to mail
copies on electronic storage media.
Participants may not submit paper
copies of their filings unless they seek
a waiver in accordance with the
procedures described below.
To comply with the procedural
requirements associated with E-Filing,
at least ten (10) days prior to the filing
deadline the requestor must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any NRC proceeding in which
it is participating; and/or (2) creation of
an electronic docket for the proceeding
(even in instances when the requestor
(or its counsel or representative) already
holds an NRC-issued digital ID
certificate). Each requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate also is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a requestor has obtained a
digital ID certificate, had a docket
created, and downloaded the EIE
viewer, it can then submit a request for
a hearing through EIE. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
E:\FR\FM\29AUN1.SGM
29AUN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
document through EIE. To be timely,
electronic filings must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore, any
others who wish to participate in the
proceeding (or their counsel or
representative) must apply for and
receive a digital ID certificate before a
hearing request is filed so that they may
obtain access to the document via the EFiling system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by (1)
first class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
Social Security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, Participants are requested
not to include copyrighted materials in
their works.
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 requesting
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 21st day of August 2008.
For the Nuclear Regulatory Commission.
George Pangburn,
Acting Director, Office of Federal and State
Materials and Environmental Management
Programs.
Attachment A: List of Licensees—Redacted
Attachment B: Additional Security Measures
for Transportation of Radioactive Material
Quantities of Concern—Revision 2
A. General Basis Criteria
These Additional Security Measures
(ASMs) are established to delineate licensee
responsibility in response to the current
threat environment. The following security
measures apply to Nuclear Regulatory
Commission (NRC) and Agreement States
licensees, who ship Radioactive Material
Quantities of Concern (RAMQC) as defined
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
51019
in Section A.1. Shipments of RAMQC that do
not fall within the NRC’s jurisdiction under
the Atomic Energy Act of 1954, as amended,
are not subject to the provisions of these
ASMs.
1. Licensees who are subject to this Order
shall ensure that the requirements listed in
Section B below are in effect when they ship
radioactive materials that meet the following
criterion:
a. Radionuclides listed in Table A, greater
than or equal to the quantities specified,
b. For mixtures of radionuclides listed in
Table A, the sum of the fractions of those
radionuclides if greater than or equal to 1, or
c. For shipments of spent nuclear fuel
containing greater than or equal to 1000
Terabecquerels (TBq) (27,000 Curies) but less
than or equal to 100 grams of spent nuclear
fuel.
For shipments containing greater than 100
grams of spent nuclear fuel, licensees shall
follow the ASMs for ‘‘Transportation of
Spent Nuclear Fuel Greater than 100 Grams,’’
dated October 3, 2002.
These ASMs supersede Safeguards
Advisories SA–01–01, Rev. 1, and SA–03–02.
For radioactive materials shipments
containing radionuclides not addressed by
this ASM guidance will be provided by
Safeguards Advisory.
2. The requirements of these ASMs apply
to a conveyance (i.e., the requirements apply
irrespective of whether the RAMQC is
shipped in a single package or in multiple
packages in a single conveyance).
3. Licensees are not responsible for
complying with the requirements of these
ASMs if a carrier aggregates, during transport
or storage incident to transport, radioactive
material from two or more conveyances from
separate licensees which individually do not
exceed the limits of Paragraph A.1. but which
together meet or exceed any of the criteria in
Paragraph A.1.
4. The requirements of these ASMs only
apply to RAMQC shipments using highway
or rail modes of transportation. For multimode shipments, the requirements of these
ASMs apply only to the portion of shipments
that are made using highway or rail modes
of transportation, as appropriate.
5. For domestic highway and rail
shipments of materials in quantities greater
than or equal to the quantities in Paragraph
A.1, per conveyance, the licensee shall
ensure that:
a. Only carriers are used which:
a. Use established package tracking
systems,
b. Implement methods to assure
trustworthiness and reliability of personnel
associated with the transportation of
RAMQC,
c. Maintain constant control and/or
surveillance during transit, and
d. Have the capability for immediate
communication to summon appropriate
response or assistance.
b. The licensee shall verify and document
that the carrier employs the measures listed
above.
6. The preplanning, coordination, and
tracking requirements of these ASMs are
intended to reduce unnecessary delays and
shipment duration and to facilitate the
E:\FR\FM\29AUN1.SGM
29AUN1
51020
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
transfer of the RAMQC shipment and any
escorts at State borders.
7. Unless specifically noted otherwise, the
requirements of these ASMs do not apply to
local law enforcement agencies (LLEA)
personnel performing escort duties.
8. The requirements of these ASMs apply
to RAMQC domestic shipments within the
United States (U.S.), imports into the U.S., or
exports from the U.S. The requirements of
these ASMs do not apply to transshipments
through the U.S. Licensees are responsible
for complying with the requirements of
Section B for the highway and rail shipment
portion of an import or export which occurs
inside of the U.S.
For import and export RAMQC shipments,
while located at the port or shipments on
U.S. navigable waterways, the U.S. Coast
Guard Maritime Transportation security
regulations will be in effect and these ASMs
are not applicable. For RAMQC shipments
while located at the air freight terminal,
security requirements will be performed in
accordance with the Transportation Security
Administration security regulations.
For import and export RAMQC shipments,
the licensee shall ensure that the
requirements of these ASMs are implemented
after the transportation package has been
loaded onto the highway or rail vehicle
(except for the advance notification
requirements in section B.4) and the package
begins the domestic portion of the shipment
to or from the U.S. port of entry [i.e., the
package(s) departs for or from the port of
entry facility or the airfreight terminal].
B. Specific Requirements
Licensees who ship RAMQC in quantities
that meet the criteria of Paragraph A.1. shall
ensure that carriers used have developed and
implemented transportation security plans
that embody the additional security measures
imposed by this Order.
1. Licensee Verification
Before transfer of radioactive materials in
quantities which meet the criterion of
Paragraph A.1, per conveyance, the licensee
shall:
a. For new recipient(s), verify that the
intended recipient’s license authorizes
receipt of the regulated material by direct
contact with the regulatory authority that
issued the license (NRC Region or Agreement
State) prior to transferring the material,
b. Verify the validity of unusual orders or
changes (if applicable) that depart from
historical patterns of ordering by existing
recipients,
c. Verify the material is shipped to an
address authorized in the license and that the
address is valid,
d. Verify the address for a delivery to a
temporary job site is valid,
e. Document the verification and validation
process, and
f. Coordinate departure and arrival times
with the recipient.
2. Background Investigations
a. Background investigations are intended
to provide high assurance that individuals
performing assigned duties associated with
the transport of RAMQC, are trustworthy and
reliable, and do not constitute an
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
unreasonable risk to the common defense
and security, including the potential to
commit radiological sabotage.
b. For highway shipments only, the
licensee shall ensure background
investigations for all drivers, accompanying
individuals, communications center
managers, and other appropriate
communications center personnel have been
performed. The NRC only has the authority
to impose a Federal Bureau of Investigation
(FBI) criminal history check, which includes
fingerprinting, on those individuals who seek
access to Safeguards Information (SGI) or
unescorted access to licensed material.
c. For rail shipments, the licensee shall
ensure background investigations for
employees filling the positions of
communications center managers and other
appropriate communications center
personnel have been performed. The NRC
only has the authority to impose a Federal
Bureau of Investigation (FBI) criminal history
check, which includes fingerprinting, on
those individuals who seek access to SGI or
unescorted access to licensed material.
d. Licensees shall document the basis for
concluding that there is high assurance that
individuals granted access to safeguards
information or unescorted access to licensed
material are trustworthy and reliable, and do
not constitute an unreasonable risk for
malevolent use of the regulated material.
‘‘Access’’ means that an individual could
exercise some physical control over the
material or device containing radioactive
material.
(1) The trustworthiness, reliability, and
verification of an individual’s true identity
shall be determined based on a background
investigation. The background investigation
shall address at least the past three (3) years,
and as a minimum, include fingerprinting
and an FBI criminal history check,
verification of employment history,
education, employment eligibility, and
personal references. If an individual’s
employment has been less than the required
three (3) years period, educational references
may be used in lieu of employment history.
(2) Fingerprints shall be submitted and
reviewed in accordance with the procedures
described in Attachment C to this Order.
(3) A reviewing official that the licensee
nominated and has been approved by the
NRC, in accordance with NRC ‘‘Order
Imposing Fingerprinting and Criminal
History Records Check Requirements for
Access to Safeguards Information,’’ may
continue to make trustworthiness and
reliability determinations. The licensee may
also nominate another individual specifically
for making unescorted access determinations
using the process identified in the NRC
‘‘Order Imposing Fingerprinting and
Criminal History Records Check
Requirements for Access to Safeguards
Information.’’
e. Licensees background investigation
requirements may also be satisfied for an
individual that has:
(1) Current access authorization permitting
unescorted access to a power reactor facility
or access to Safeguards Information,
(2) Current U.S. government-issued
security clearance (based upon a national
agency check, at a minimum), or
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
(3) Satisfactorily completed a background
investigation under an NRC-approved access
authorization program.
f. Individuals shall not perform assigned
duties associated with the transport of
RAMQC until the licensee has confirmed that
a determination of trustworthiness and
reliability, based on the appropriate
background investigation requirements in
B.2.d. and B.2.e., has been performed and
documented.
3. Preplanning and Coordination
a. As part of the shipment planning
process, the licensee shall ensure that
appropriate security information is provided
to and is coordinated with affected States
through which the shipment will pass to
ensure minimal delays. These discussions
shall include whether a State intends to
provide escorts for a shipment.
b. The licensee shall ensure States are
provided with position information on a
shipment (see Paragraph B.5.a), if requested
and practical.
c. For shipments by highway, the
licensees’s coordination required in
Paragraph B.3.a. shall include identification
of Highway Route Controlled Quantity
(HRCQ) shipments of material and safe
havens.1
4. Notifications
a. The licensee shall ensure an advance
notification of a shipment is provided, or of
a series of shipments, of RAMQC to the NRC.
The licensee shall ensure the notification is
submitted sufficiently in advance to ensure it
is received by NRC at least seven (7) days,
where practicable, before the shipment
commences physically within the U.S.
For written notifications, the notice should
be addressed to: (10 CFR 2.390)
U.S. Nuclear Regulatory Commission, ATTN:
Director, Division of Nuclear Security,
M/S: T–4–D–8, Office of Nuclear Security
and Incident Response, 11555 Rockville
Pike, Rockville, MD 20852–2738.
Notifications may also be submitted
electronically via e-mail to
RAMQC_SHIPMENTS@nrc.gov or via fax to
(301) 816–5151. (10 CFR 2.390)
1 In general, a safe haven is a readily recognizable
and readily accessible site at which security is
present or from which, in the event of an
emergency, the transport crew can notify and wait
for the local law enforcement authorities (LLEA).
The following criteria are used by the NRC to
determine the safe haven sites and licensees should
use these criteria in identifying safe havens for
shipments subject to this Order:
—Close proximity to the route, i.e., readily
available to the transport vehicle.
—Security from local, State, or Federal assets is
present or is accessible for timely response.
—Site is well lit, has adequate parking, and can
be used for emergency repair or wait for LLEA
response on a 24-hours-a-day basis.
—Have additional telephone facilities should the
communications system of the transport vehicle not
function properly.
Possible safe haven sites include: Military
installations and other Federal sites having
significant security assets; secure company
terminals; State weigh stations; truck stops with
secure areas; and LLEA sites, including State police
barracks.
E:\FR\FM\29AUN1.SGM
29AUN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
b. The advance notification shall contain
the following information:
(1) [This paragraph contains
SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(2) [This paragraph contains
SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(3) [This paragraph contains
SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(4) [This paragraph contains
SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(5) [This paragraph contains
SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(6) [This paragraph contains
SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(7) [This paragraph contains
SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
Refer to Paragraph B.7.c. for determination of
information designation of advance
notifications during preplanning,
coordinating, and reporting information
activities.
c. The licensee shall ensure the
information required by Paragraph B.4.b. is
provided to each State through which the
shipment will pass. The licensee shall ensure
that the notification is received at least seven
(7) days, where practicable, before the U.S.
highway or railroad portion of a shipment
commences.
d. [This paragraph contains SAFEGUARDS
INFORMATION and will not be publicly
disclosed.]
5. Communications
a. (1) For highway shipments, monitor each
RAMQC shipment with a telemetric position
monitoring system that communicates with a
communication center or is equipped with an
alternative tracking system that
communicates position information to a
communications center.
(2) For rail shipments, monitor each
RAMQC shipment with either: (i) A
telemetric position monitoring system that
communicates with a licensee or third-party
communication center, (ii) a railroad trackside car location monitoring systems tracking
system that relays a car’s position to a
railroad communications center (which can
provide position information to any separate
licensee communications center per
Paragraph B.5.b), or (iii) alternate licensee
monitoring system. Additionally, licensees
may use a railroad communications center to
monitor the rail portion of a shipment, in lieu
of using a separate communications center.
b. (1) For highway shipments, provide for
a communication center that has the
capability to continuously and actively
monitor in-progress shipments to ensure
positive confirmation of the location, status,
and control over the shipment and
implement pre-planned procedures in
response to deviations from the authorized
route or notification of actual, attempted, or
suspicious activities related to theft, loss,
diversion, or radiological sabotage of a
shipment. These procedures shall include
identification of the designated LLEA
contact(s) along the shipment route.
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
(2) For rail shipments, provide for a
communication center that has the capability
to periodically monitor in-progress
shipments to ensure positive confirmation of
the location of the shipment and implement
pre-planned procedures in response to
notification of actual, attempted, or
suspicious activities related to theft, loss,
diversion, or radiological sabotage of a
shipment. These procedures shall include
identification of the designated LLEA
contact(s) along the shipment route.
Licensees may use a railroad
communications center in lieu of establishing
a separate communications center.
c. (1) For highway shipments, ensure that
a two-way telecommunication capability is
available for the transport and any escort
vehicles allowing them to communicate with
each other with the communications center,
and with designated LLEAs along the route.
The communications center must be capable
of contacting the designated authorities along
the shipment route.
(2) For rail shipments, ensure that a twoway telecommunication capability is
available between the train and the
communications center and between any
escort vehicles and the communications
center. The communications center must be
capable of contacting the designated
authorities along the shipment route.
d. A licensee may utilize a carrier or thirdparty communications center in lieu of
establishing such a facility itself. A
commercial communications center must
have the capabilities, necessary procedures,
training, and personnel background
investigations to meet the applicable
requirements of these ASMs.
e. (1) For highway shipments, provide a
backup means for the transport and any
escort vehicle to communicate with the
communications center, using a diverse
method not subject to the same interference
factors as the primary capability selected for
compliance with Paragraph B.5.c. (e.g., twoway radio or portable telephone).
(2) For rail shipments, provide a backup
means for the train to talk with the
communications center, using a diverse
method not subject to the same interference
factors as the primary capability selected for
compliance with Paragraph B.5.c. (e.g., twoway radio or portable telephone).
f. [This paragraph contains SAFEGUARDS
INFORMATION and will not be publicly
disclosed.]
(1) Not later than one hour after the time
when, through the course of the
investigation, it is determined the shipment
is lost or stolen, the licensee shall ensure the
appropriate local law enforcement agency,
the NRC Operations Center at (301) 816–
5100, and the appropriate Agreement State
regulatory agency, if any, are notified.
(2) If after 24 hours of initiating the
investigation, the radioactive material cannot
be located, licensee shall ensure the NRC
Operations Center and, for Agreement State
licensees, the appropriate Agreement State
regulatory agency are immediately notified.
g. [This paragraph contains SAFEGUARDS
INFORMATION and will not be publicly
disclosed.]
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
51021
6. Drivers and Accompanying Individuals
a. [This paragraph contains SAFEGUARDS
INFORMATION and will not be publicly
disclosed.]
b. [This paragraph contains SAFEGUARDS
INFORMATION and will not be publicly
disclosed.]
c. [This paragraph contains SAFEGUARDS
INFORMATION and will not be publicly
disclosed.]
d. [This paragraph contains SAFEGUARDS
INFORMATION and will not be publicly
disclosed.]
7. Procedures, Training, and Control of
Information
a. (1) For highway shipments the licensee
shall ensure that normal and contingency
procedures have been developed, including,
for example: Notifications, communications
protocols, loss of communications, and
response to actual, attempted, or suspicious
activities related to theft, loss, diversion, or
radiological sabotage of a shipment.
Communication protocols must include a
strategy for use of authentication and duress
codes, provision for refueling or other stops,
detours, and locations where communication
is expected to be temporarily lost.
(2) For rail shipments, the licensee shall
ensure that normal and contingency
procedures have been developed, including,
for example: notifications, communications
protocols, loss of communications, and
response to actual, attempted, or suspicious
activities related to theft, loss, diversion, or
radiological sabotage of a shipment.
Communication protocols must include a
strategy for use of authentication and duress
codes, provision for stops, and locations
where communication is expected to be
temporarily lost.
b. (1) For highway shipments, the licensee
shall ensure that personnel, including
drivers, accompanying individuals,
responsible communication center managers,
and other appropriate communication center
personnel are trained in and understand the
normal and contingency procedures.
(2) For rail shipments, the licensee shall
ensure that personnel, including the
appropriate train crew members and
responsible railroad communication center
managers, and other appropriate railroad
communication center personnel are trained
in and understand the normal and
contingency procedures.
c. Information to be protected as
Safeguards Information—Modified Handling,
shall include, but is not limited to:
(1) Integrated transportation physical
security plans.
(2) Schedules and itineraries for
shipments. For shipments that are not
inherently self disclosing, schedule and
itineraries information may be decontrolled 2
days after a shipment is completed. For
shipments that are inherently self disclosing,
schedule may be released as necessary after
departure.
(3) Details of alarm and communications
systems, communication protocols and
duress codes, and security contingency
response procedures.
(4) Arrangements with designated LLEA
(i.e., Federal, State Police, and/or local police
E:\FR\FM\29AUN1.SGM
29AUN1
51022
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
departments) and information on whether a
State intends to provide armed escorts for a
shipment.
For preplanning; coordinating, for example
with States’ organizations and carriers;
reporting information as described in B.1.,
B.4., and B.5. related to shipments of
radioactive material, and the radionuclides
identified in Paragraph A.1, the licensee shall
ensure the information is protected at least as
sensitive information (for example,
proprietary or business financial
information). Licensees shall ensure access is
restricted to this information to those
licensee and contractor personnel with a
need to know. Licensees shall ensure all
parties receiving this information protect it
similarly. Information may be transmitted
either in writing or electronically and shall
be marked as ‘‘Sensitive Information—Not for
Public Disclosure.’’
C. Implementation Schedule
1. Licensees shall implement the
requirements of this ASM within 180 days of
the date of issuance of the Order or before the
first shipment of RAMQC, whichever is
sooner.
TABLE A—RADIONUCLIDES OF CONCERN
Quantity of concern (TBq) threshold limit
Radionuclide
Quantity of concern (Ci) information only—rounded after conversion
60
60
20
50
30
100
1,000
80
40,000
60
60
40
200
1,000
20,000
300
1,600
1,600
540
1,400
810
2,700
27,000
2,200
1,100,000
1,600
1,600
1,100
5,400
27,000
540,000
8,100
Am-241 ........................................................................................................................................................
Am-241/Be ...................................................................................................................................................
Cf-252 ..........................................................................................................................................................
Cm-244 ........................................................................................................................................................
Co-60 ...........................................................................................................................................................
Cs-137 .........................................................................................................................................................
Gd-153 .........................................................................................................................................................
Ir-192 ............................................................................................................................................................
Pm-147 ........................................................................................................................................................
Pu-238 .........................................................................................................................................................
Pu-239/Be ....................................................................................................................................................
Ra-226 1 .......................................................................................................................................................
Se-75 ...........................................................................................................................................................
Sr-90 (Y-90) .................................................................................................................................................
Tm-170 .........................................................................................................................................................
Yb-169 .........................................................................................................................................................
1 The Atomic Energy Act, as amended by the Energy Policy Act of 2005, authorizes NRC to regulate Ra-226 and NRC is in the process of
amending its regulations for discrete sources of Ra-226.
mstockstill on PROD1PC66 with NOTICES
R
R1
R
R
+ 2 + 3 + n ≥1
AR1 AR 2 AR 3 AR n
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
Attachment C: Requirements for
Fingerprinting and Criminal History Checks
of Individuals When Licensee’s Reviewing
Official Is Determining Access to Safeguards
Information or Unescorted Access to
Radioactive Materials
General Requirements
Licensees shall comply with the following
requirements of this attachment.
1. Each Licensee subject to the provisions
of this attachment shall fingerprint each
individual who is seeking or permitted
access to safeguards information (SGI) or
unescorted access to RAMQC. The Licensee
shall review and use the information
received from the Federal Bureau of
Investigation (FBI) and ensure that the
provisions contained in this Order and this
attachment are satisfied.
2. The Licensee shall notify each affected
individual that the fingerprints will be used
to secure a review of his/her criminal history
record and inform the individual of the
procedures for revising the record or
including an explanation in the record, as
specified in the ‘‘Right to Correct and
Complete Information’’ section of this
attachment.
3. Fingerprints for access to SGI or
unescorted access need not be taken if an
employed individual (e.g., a Licensee
employee, contractor, manufacturer, or
supplier) is relieved from the fingerprinting
requirement by 10 CFR 73.59 for access to
SGI or 10 CFR 73.61 for unescorted access,
has a favorably-decided U.S. Government
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
criminal history check within the last five (5)
years, or has an active federal security
clearance. Written confirmation from the
Agency/employer which granted the federal
security clearance or reviewed the criminal
history check must be provided for either of
the latter two cases. The Licensee must retain
this documentation for a period of three (3)
years from the date the individual no longer
requires access to SGI or unescorted access
to radioactive materials associated with the
Licensee’s activities.
4. All fingerprints obtained by the Licensee
pursuant to this Order must be submitted to
the Commission for transmission to the FBI.
5. The Licensee shall review the
information received from the FBI and
consider it, in conjunction with the
trustworthy and reliability requirements of
this Order, in making a determination
whether to grant, or continue to allow, access
to SGI or unescorted access to radioactive
materials.
6. The Licensee shall use any information
obtained as part of a criminal history records
check solely for the purpose of determining
an individual’s suitability for access to SGI
or unescorted access to RAMQC.
7. The Licensee shall document the basis
for its determination whether to grant, or
continue to allow, access to SGI or
unescorted access to RAMQC.
Prohibitions
A Licensee shall not base a final
determination to deny an individual access
to radioactive materials solely on the basis of
E:\FR\FM\29AUN1.SGM
29AUN1
EN29AU08.000
Notes:
1. The regulatory standard values to be
used are given in Terabecquerels (TBq). Curie
(Ci) values are provided for practical
usefulness only and are rounded after
conversion.
2. If several radionuclides are present, the
sum of the fractions of the activity of each
radionuclide must be determined. Using the
equation below calculate the ratio by
inserting the actual activity of each
radionuclide as the numerator and the
corresponding activity limit in Table A as the
denominator. Ensure the numerator and the
denominator are in Terabecquerels.
R1 = activity for radionuclide number 1
R2 = activity for radionuclide number 2
R3, R4, R5......etc.
AR1 = activity limit for radionuclide number
1
AR2 = activity limit for radionuclide number
2
AR3, AR4, AR5......etc.
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
information received from the FBI involving:
an arrest more than one (1) year old for
which there is no information of the
disposition of the case, or an arrest that
resulted in dismissal of the charge or an
acquittal.
A Licensee shall not use information
received from a criminal history check
obtained pursuant to this Order in a manner
that would infringe upon the rights of any
individual under the First Amendment to the
Constitution of the United States, nor shall
the Licensee use the information in any way
which would discriminate among
individuals on the basis of race, religion,
national origin, sex, or age.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this
Order, Licensees shall, using an appropriate
method listed in 10 CFR 73.4, submit to the
NRC’s Division of Facilities and Security,
Mail Stop T–6E46, one completed, legible
standard fingerprint card (Form FD–258,
ORIMDNRCOOOZ) or, where practicable,
other fingerprint records for each individual
seeking access to SGI or unescorted access to
RAMQC, to the Director of the Division of
Facilities and Security, marked for the
attention of the Division’s Criminal History
Check Section. Copies of these forms may be
obtained by writing the Office of Information
Services, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–0001,
by calling (301) 415–7232, or by e-mail to
forms.resource@nrc.gov. Practicable
alternative formats are set forth in 10 CFR
73.4. The Licensee shall establish procedures
to ensure that the quality of the fingerprints
taken results in minimizing the rejection rate
of fingerprint cards due to illegible or
incomplete cards.
The NRC will review submitted fingerprint
cards for completeness. Any Form FD–258
fingerprint record containing omissions or
evident errors will be returned to the
Licensee for corrections. The fee for
processing fingerprint checks includes one
re-submission if the initial submission is
returned by the FBI because the fingerprint
impressions cannot be classified. The one
free re-submission must have the FBI
Transaction Control Number reflected on the
re-submission. If additional submissions are
necessary, they will be treated as initial
submittals and will require a second payment
of the processing fee.
Fees for processing fingerprint checks are
due upon application (Note: Other fees may
apply to obtain fingerprints from your local
law enforcement agency). Licensees should
submit payments electronically via https://
www.pay.gov. Payments through Pay.gov can
be made directly from the Licensee’s credit/
debit card. Licensees will need to establish
a password and user ID before they can
access Pay.gov. To establish an account,
Licensee requests must be sent to
paygo@nrc.gov. The request must include the
Licensee’s name, address, point of contact, email address, and phone number. The NRC
will forward each request to Pay.gov and
someone from Pay.gov will contact the
Licensee with all of the necessary account
information. Licensees shall make payments
for processing before submitting applications
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
to the NRC. Combined payment for multiple
applications is acceptable. Licensees shall
include the Pay.gov payment receipt(s) along
with the application(s). For additional
guidance on making electronic payments,
contact the Facilities Security Branch,
Division of Facilities and Security, at (301)
415–7404.
Alternatively, licensees may also submit
payment with the application for processing
fingerprints by corporate check, certified
check, cashier’s check, or money order, made
payable to ‘‘U.S. NRC.’’ Combined payment
for multiple applications is acceptable.
The application fee (currently $36) is the
sum of the user fee charged by the FBI for
each fingerprint card or other fingerprint
record submitted by the NRC on behalf of a
Licensee, and an NRC processing fee, which
covers administrative costs associated with
NRC handling of Licensee fingerprint
submissions. The Commission will directly
notify Licensees subject to this regulation of
any fee changes.
The Commission will forward to the
submitting Licensee all data received from
the FBI as a result of the Licensee’s
application(s) for criminal history checks,
including the FBI fingerprint record.
Right to Correct and Complete Information
Prior to any final adverse determination,
the Licensee shall make available to the
individual the contents of any criminal
records obtained from the FBI for the purpose
of assuring correct and complete information.
Written confirmation by the individual of
receipt of this notification must be
maintained by the Licensee for a period of
one (1) year from the date of the notification.
If, after reviewing the record, an individual
believes that it is incorrect or incomplete in
any respect and wishes to change, correct, or
update the alleged deficiency, or to explain
any matter in the record, the individual may
initiate challenge procedures. These
procedures include either direct application
by the individual challenging the record to
the agency (i.e., law enforcement agency) that
contributed the questioned information, or
direct challenge as to the accuracy or
completeness of any entry on the criminal
history record to the Assistant Director,
Federal Bureau of Investigation Identification
Division, Washington, DC 20537–9700 (as set
forth in 28 CFR 16.30 through 16.34). In the
latter case, the FBI forwards the challenge to
the agency that submitted the data and
requests that agency to verify or correct the
challenged entry. Upon receipt of an official
communication directly from the agency that
contributed the original information, the FBI
Identification Division makes any changes
necessary in accordance with the information
supplied by that agency. The Licensee must
provide at least ten (10) days for an
individual to initiate an action challenging
the results of an FBI criminal history records
check after the record is made available for
his/her review. The Licensee may make a
final determination on access to SGI or
unescorted access RAMQC based upon the
criminal history record only upon receipt of
the FBI’s ultimate confirmation or correction
of the record. Upon a final adverse
determination on access to SGI or unescorted
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
51023
access to RAMQC, the Licensee shall provide
the individual its documented basis for
denial. Access to SGI or unescorted access to
RAMQC shall not be granted to an individual
during the review process.
Protection of Information
1. Each Licensee who obtains a criminal
history record on an individual pursuant to
this Order shall establish and maintain a
system of files and procedures for protecting
the record and the personal information from
unauthorized disclosure.
2. The Licensee may not disclose the
record or personal information collected and
maintained to persons other than the subject
individual, his/her representative, or to those
who have a need to access the information
in performing assigned duties in the process
of determining access to SGI or unescorted
access to RAMQC. No individual authorized
to have access to the information may redisseminate the information to any other
individual who does not have a need-toknow.
3. The personal information obtained on an
individual from a criminal history record
check may be transferred to another Licensee
if the Licensee holding the criminal history
record receives the individual’s written
request to re-disseminate the information
contained in his/her file, and the gaining
Licensee verifies information such as the
individual’s name, date of birth, social
security number, sex, and other applicable
physical characteristics for identification
purposes.
4. The Licensee shall make criminal
history records, obtained under this section,
available for examination by an authorized
representative of the NRC to determine
compliance with the regulations and laws.
5. The Licensee shall retain all fingerprint
and criminal history records received from
the FBI, or a copy if the individual’s file has
been transferred, for three (3) years after
termination of employment or denial to
access SGI or unescorted access to RAMQC.
After the required three (3) year period, these
documents shall be destroyed by a method
that will prevent reconstruction of the
information in whole or in part.
[FR Doc. E8–20119 Filed 8–28–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–305]
Dominion Energy Kewaunee, Inc.;
Notice of Receipt and Availability of
Application for Renewal of Kewaunee
Power Station Facility Operating
License No. DPR–43 for an Additional
20-Year Period
The U.S. Nuclear Regulatory
Commission (NRC or Commission) has
received an application, dated August
12, 2008, from Dominion Energy
Kewaunee, Inc., filed pursuant to
Section 104b of the Atomic Energy Act
of 1954, as amended, and Title 10 of the
E:\FR\FM\29AUN1.SGM
29AUN1
Agencies
[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 51016-51023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20119]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-08-225]
In the Matter of Certain Licensees Authorized To Possess and
Transfer Items Containing Radioactive Material Quantities of Concern;
Order Imposing Additional Security Measures (Effective Immediately)
I
The Licensees identified in Attachment A \1\ to this Order, hold
licenses issued by the U.S. Nuclear Regulatory Commission (NRC or
Commission) or an Agreement State, in accordance with the Atomic Energy
Act of 1954, as amended, and 10 CFR Parts 30, 32, 70 and 71, or
equivalent Agreement State regulations. The licenses authorize them to
possess and transfer items containing radioactive material quantities
of concern. This Order is being issued to all such Licensees who may
transport radioactive material quantities of concern under the NRC's
authority to protect the common defense and security, which has not
been relinquished to the Agreement States. The Orders require
compliance with specific additional security measures to enhance the
security for transport of certain radioactive material quantities of
concern.
---------------------------------------------------------------------------
\1\ Attachment A contains sensitive information and will not be
released to the public.
---------------------------------------------------------------------------
II
On September 11, 2001, terrorists simultaneously attacked targets
in New York, NY, and Washington, DC, utilizing large commercial
aircraft as weapons. In response to the attacks and intelligence
information subsequently obtained, the Commission issued a number of
Safeguards and Threat Advisories to Licensees in order to strengthen
Licensees' capabilities and readiness to respond to a potential attack
on this regulated activity. The Commission has also communicated with
other Federal, State and local government agencies and industry
representatives to discuss and evaluate the current threat environment
in order to assess the adequacy of the current security measures. In
addition, the Commission commenced a comprehensive review of its
safeguards and security programs and requirements.
As a result of its initial consideration of current safeguards and
security requirements, as well as a review of information provided by
the intelligence community, the Commission has
[[Page 51017]]
determined that certain security measures are required to be
implemented by Licensees as prudent, interim measures to address the
current threat environment in a consistent manner. Therefore, the
Commission is imposing requirements, as set forth in Attachment B \2\
of this Order, on all Licensees identified in Attachment A of this
Order. These additional security measures, which supplement existing
regulatory requirements, will provide the Commission with reasonable
assurance that the common defense and security continue to be
adequately protected in the current threat environment. Attachment C of
this Order contains the requirements for fingerprinting and criminal
history record checks for individuals when licensee's reviewing
official is determining access to Safeguards Information or unescorted
access to the radioactive materials. These requirements will remain in
effect until the Commission determines otherwise.
---------------------------------------------------------------------------
\2\ Attachment B contains some requirements that are SAFEGUARDS
INFORMATION, and cannot be released to the public. The remainder of
the requirements contained in Attachment B that are not SAFEGUARDS
INFORMATION will be released to the public.
---------------------------------------------------------------------------
It is also recognized that some measures may not be possible or
necessary for all shipments of radioactive material quantities of
concern, or may need to be tailored to accommodate the Licensees'
specific circumstances to achieve the intended objectives and avoid any
unforeseen effect on the safe transport of radioactive material
quantities of concern.
In light of the continuing threat environment, the Commission
concludes that the security measures must be embodied in an Order,
consistent with the established regulatory framework. The Commission
has determined that some of the security measures contained in
Attachment B of this Order contain Safeguards Information and will not
be released to the public as per NRC's ``Order Imposing Requirements
for the Protection of Certain Safeguards Information'' (EA-08-161),
issued specifically to the Licensees identified in Attachment A to this
Order. Access to Safeguards Information is limited to those persons who
have established a need-to-know the information, are considered to be
trustworthy and reliable, have been fingerprinted and undergone a
Federal Bureau of Investigation (FBI) identification and criminal
history records check in accordance with the NRC's ``Order Imposing
Fingerprinting and Criminal History Records Check Requirements for
Access to Safeguards Information'' (EA-08-162). 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. Individuals who have been
fingerprinted and granted access to Safeguards Information by the
reviewing official under the NRC's ``Order Imposing Fingerprinting and
Criminal History Records Check Requirements for Access to Safeguards
Information'' (EA-08-162) do not need to be fingerprinted again for
purposes of being considered for unescorted access.
This Order also requires that a reviewing official must consider
the results of the Federal Bureau of Investigations criminal history
records check in conjunction with other applicable requirements to
determine whether an individual may be granted or allowed continued
unescorted access. The reviewing official may be one that has
previously been approved by NRC in accordance with the ``Order Imposing
Fingerprinting and Criminal History Records Check Requirements for
Access to Safeguards Information'' (EA-08-162). Licensees may nominate
additional reviewing officials for making unescorted access
determinations in accordance with NRC Orders EA-08-162. The nominated
reviewing officials must have access to Safeguards Information or
require unescorted access to the radioactive material as part of their
job duties.
To provide assurance that Licensees are implementing prudent
measures to achieve a consistent level of protection to address the
current threat environment, all Licensees identified in Attachment A to
this Order shall implement the requirements identified in Attachments B
and C to this Order. In addition, pursuant to 10 CFR 2.202, I find that
in light of the common defense and security matters identified above,
which warrant the issuance of this Order, the public health and safety
require that this Order be immediately effective.
III
Accordingly, pursuant to Sections 53, 63, 81, 147, 149, 161b, 161i,
161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202 and 10 CFR Parts 30, 32, 70
and 71, It is hereby ordered, effective immediately, that all licensees
identified in attachment a to this order shall comply with the
following:
A. All Licensees shall, notwithstanding the provisions of any
Commission or Agreement State regulation or license to the contrary,
comply with the requirements described in Attachments B and C to this
Order. The Licensees shall immediately start implementation of the
requirements in Attachments B and C to the Order and shall complete
implementation by February 17, 2009, or before the first shipment of
radioactive material quantities of concern, whichever is sooner.
B. 1. All Licensees shall, within twenty (20) days of the date of
this Order, notify the Commission, (1) if they are unable to comply
with any of the requirements described in Attachments B or C, (2) if
compliance with any of the requirements is unnecessary in their
specific circumstances, or (3) if implementation of any of the
requirements would cause the Licensee to be in violation of the
provisions of any Commission or Agreement State regulation or its
license. The notification shall provide the Licensees' justification
for seeking relief from or variation of any specific requirement.
2. Any Licensee that considers that implementation of any of the
requirements described in Attachments B or C to this Order would
adversely impact the safe transport of radioactive material quantities
of concern must notify the Commission, within twenty (20) days of this
Order, of the adverse safety impact, the basis for its determination
that the requirement has an adverse safety impact, and either a
proposal for achieving the same objectives specified in the Attachments
B or requirement in question, or a schedule for modifying the activity
to address the adverse safety condition. If neither approach is
appropriate, the Licensee must supplement its response to Condition B.1
of this Order to identify the condition as a requirement with which it
cannot comply, with attendant justifications as required in Condition
B.1.
C. 1. In accordance with the NRC's ``Order Imposing Fingerprinting
and Criminal History Records Check Requirements for Access to
Safeguards Information'' (EA-08-162) only the NRC-approved reviewing
official shall review results from an FBI criminal history records
check. The licensee may use a reviewing official previously approved by
the NRC as its reviewing official for determining access to Safeguards
Information or the licensee may nominate another individual
specifically for making unescorted access to radioactive material
determinations, using the process
[[Page 51018]]
described in EA-08-162. The reviewing official must have access to
Safeguards Information or require unescorted access to the radioactive
material as part of their job duties. The reviewing official shall
determine whether an individual may have, or continue to have,
unescorted access to radioactive materials that equal or exceed the
quantities in Attachment B to this Order. Fingerprinting and the FBI
identification and criminal history records check are not required for
individuals exempted from fingerprinting requirements under 10 CFR
73.61 [72 FR 4945 (February 2, 2007)]. In addition, individuals who
have a favorably decided U.S. Government criminal history records check
within the last five (5) years, or have an active federal security
clearance (provided in each case that the appropriate documentation is
made available to the Licensee's reviewing official), have satisfied
the Atomic Energy Act of 1954, as amended, fingerprinting requirement
and need not be fingerprinted again for purposes of being considered
for unescorted access.
2. No person may have access to Safeguards Information or
unescorted access to radioactive materials if the NRC has determined,
in accordance with its administrative review process based on
fingerprinting and an FBI identification and criminal history records
check, either that the person may not have access to Safeguards
Information or that the person may not have unescorted access to a
utilization facility, or radioactive material or other property subject
to regulation by the NRC.
D. Fingerprints shall be submitted and reviewed in accordance with
the procedures described in Attachment C to this Order. Individuals who
have been fingerprinted and granted access to Safeguards Information by
the reviewing official under Order EA-08-162, do not need to be
fingerprinted again for purposes of being considered for unescorted
access.
E. The Licensee may allow any individual who currently has
unescorted access to radioactive materials, in accordance with this
Order, to continue to have unescorted access without being
fingerprinted, pending a decision by the reviewing official (based on
fingerprinting, an FBI criminal history records check and a trustworthy
and reliability determination) that the individual may continue to have
unescorted access to radioactive materials that equal or exceed the
quantities listed in Attachment B to this Order. The licensee shall
complete implementation of the requirements of Attachments B and C to
this Order by February 17, 2009.
F. 1. The Licensee shall, within twenty (20) days of the date of
this Order, submit to the Commission a schedule for completion of each
requirement described in Attachments B and C.
2. The Licensee shall report to the Commission when they have
achieved full compliance with the requirements described in Attachments
B and C.
G. Notwithstanding any provisions of the Commission's or an
Agreement State's regulations to the contrary, all measures implemented
or actions taken in response to this Order shall be maintained until
the Commission determines otherwise.
Licensee responses to Conditions B.1, B.2, F.1, and F.2 above shall
be submitted to the Director, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. In addition, Licensee submittals that contain
specific physical protection or security information considered to be
Safeguards Information shall be put in a separate enclosure or
attachment and, marked as ``SAFEGUARDS INFORMATION--MODIFIED HANDLING''
and mailed (no electronic transmittals i.e., no e-mail or FAX) to the
NRC.
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 by the Licensee of good
cause.
IV
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order within twenty (20) days of the date of this Order. In addition,
the Licensee and any other person adversely affected by this Order may
request a hearing of this Order within twenty (20) days of the date of
the Order. Where good cause is shown, consideration will be given to
extending the time to request a hearing. A request for extension of
time 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. If the answer includes a
request for a hearing, it shall, under oath or affirmation,
specifically set forth the matters of fact and law on which the
Licensee relies and the reasons as to why the Order should not have
been issued. If a person other than the Licensee requests a hearing,
that person shall set forth with particularity the manner in which his
interest is adversely affected by this Order and shall address the
criteria set forth in 10 CFR 2.309(d).
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007) and codified in
pertinent part at 10 CFR Part 2, Subpart B. The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the Internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek a waiver in accordance with the procedures
described below.
To comply with the procedural requirements associated with E-
Filing, at least ten (10) days prior to the filing deadline the
requestor must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any NRC proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
when the requestor (or its counsel or representative) already holds an
NRC-issued digital ID certificate). Each requestor will need to
download the Workplace Forms ViewerTM to access the
Electronic Information Exchange (EIE), a component of the E-Filing
system. The Workplace Forms ViewerTM is free and is
available at https://www.nrc.gov/site-help/e-submittals/install-
viewer.html. Information about applying for a digital ID certificate
also is available on NRC's public Web site at https://www.nrc.gov/site-
help/e-submittals/apply-certificates.html.
Once a requestor has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, it can then submit a
request for a hearing through EIE. Submissions should be in Portable
Document Format (PDF) in accordance with NRC guidance
[[Page 51019]]
available on the NRC public Web site at https://www.nrc.gov/site-help/e-
submittals.html. A filing is considered complete at the time the filer
submits its document through EIE. To be timely, electronic filings must
be submitted to the EIE system no later than 11:59 p.m. Eastern Time on
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming
receipt of the document. The EIE system also distributes an e-mail
notice that provides access to the document to the NRC Office of the
General Counsel and any others who have advised the Office of the
Secretary that they wish to participate in the proceeding, so that the
filer need not serve the document on those participants separately.
Therefore, any others who wish to participate in the proceeding (or
their counsel or representative) must apply for and receive a digital
ID certificate before a hearing request is filed so that they may
obtain access to the document via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by (1) first class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as Social Security numbers, home addresses,
or home phone numbers in their filings. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application,
Participants are requested not to include copyrighted materials in
their works.
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
requesting 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 21st day of August 2008.
For the Nuclear Regulatory Commission.
George Pangburn,
Acting Director, Office of Federal and State Materials and
Environmental Management Programs.
Attachment A: List of Licensees--Redacted
Attachment B: Additional Security Measures for Transportation of
Radioactive Material Quantities of Concern--Revision 2
A. General Basis Criteria
These Additional Security Measures (ASMs) are established to
delineate licensee responsibility in response to the current threat
environment. The following security measures apply to Nuclear
Regulatory Commission (NRC) and Agreement States licensees, who ship
Radioactive Material Quantities of Concern (RAMQC) as defined in
Section A.1. Shipments of RAMQC that do not fall within the NRC's
jurisdiction under the Atomic Energy Act of 1954, as amended, are
not subject to the provisions of these ASMs.
1. Licensees who are subject to this Order shall ensure that the
requirements listed in Section B below are in effect when they ship
radioactive materials that meet the following criterion:
a. Radionuclides listed in Table A, greater than or equal to the
quantities specified,
b. For mixtures of radionuclides listed in Table A, the sum of
the fractions of those radionuclides if greater than or equal to 1,
or
c. For shipments of spent nuclear fuel containing greater than
or equal to 1000 Terabecquerels (TBq) (27,000 Curies) but less than
or equal to 100 grams of spent nuclear fuel.
For shipments containing greater than 100 grams of spent nuclear
fuel, licensees shall follow the ASMs for ``Transportation of Spent
Nuclear Fuel Greater than 100 Grams,'' dated October 3, 2002.
These ASMs supersede Safeguards Advisories SA-01-01, Rev. 1, and
SA-03-02. For radioactive materials shipments containing
radionuclides not addressed by this ASM guidance will be provided by
Safeguards Advisory.
2. The requirements of these ASMs apply to a conveyance (i.e.,
the requirements apply irrespective of whether the RAMQC is shipped
in a single package or in multiple packages in a single conveyance).
3. Licensees are not responsible for complying with the
requirements of these ASMs if a carrier aggregates, during transport
or storage incident to transport, radioactive material from two or
more conveyances from separate licensees which individually do not
exceed the limits of Paragraph A.1. but which together meet or
exceed any of the criteria in Paragraph A.1.
4. The requirements of these ASMs only apply to RAMQC shipments
using highway or rail modes of transportation. For multi-mode
shipments, the requirements of these ASMs apply only to the portion
of shipments that are made using highway or rail modes of
transportation, as appropriate.
5. For domestic highway and rail shipments of materials in
quantities greater than or equal to the quantities in Paragraph A.1,
per conveyance, the licensee shall ensure that:
a. Only carriers are used which:
a. Use established package tracking systems,
b. Implement methods to assure trustworthiness and reliability
of personnel associated with the transportation of RAMQC,
c. Maintain constant control and/or surveillance during transit,
and
d. Have the capability for immediate communication to summon
appropriate response or assistance.
b. The licensee shall verify and document that the carrier
employs the measures listed above.
6. The preplanning, coordination, and tracking requirements of
these ASMs are intended to reduce unnecessary delays and shipment
duration and to facilitate the
[[Page 51020]]
transfer of the RAMQC shipment and any escorts at State borders.
7. Unless specifically noted otherwise, the requirements of
these ASMs do not apply to local law enforcement agencies (LLEA)
personnel performing escort duties.
8. The requirements of these ASMs apply to RAMQC domestic
shipments within the United States (U.S.), imports into the U.S., or
exports from the U.S. The requirements of these ASMs do not apply to
transshipments through the U.S. Licensees are responsible for
complying with the requirements of Section B for the highway and
rail shipment portion of an import or export which occurs inside of
the U.S.
For import and export RAMQC shipments, while located at the port
or shipments on U.S. navigable waterways, the U.S. Coast Guard
Maritime Transportation security regulations will be in effect and
these ASMs are not applicable. For RAMQC shipments while located at
the air freight terminal, security requirements will be performed in
accordance with the Transportation Security Administration security
regulations.
For import and export RAMQC shipments, the licensee shall ensure
that the requirements of these ASMs are implemented after the
transportation package has been loaded onto the highway or rail
vehicle (except for the advance notification requirements in section
B.4) and the package begins the domestic portion of the shipment to
or from the U.S. port of entry [i.e., the package(s) departs for or
from the port of entry facility or the airfreight terminal].
B. Specific Requirements
Licensees who ship RAMQC in quantities that meet the criteria of
Paragraph A.1. shall ensure that carriers used have developed and
implemented transportation security plans that embody the additional
security measures imposed by this Order.
1. Licensee Verification
Before transfer of radioactive materials in quantities which
meet the criterion of Paragraph A.1, per conveyance, the licensee
shall:
a. For new recipient(s), verify that the intended recipient's
license authorizes receipt of the regulated material by direct
contact with the regulatory authority that issued the license (NRC
Region or Agreement State) prior to transferring the material,
b. Verify the validity of unusual orders or changes (if
applicable) that depart from historical patterns of ordering by
existing recipients,
c. Verify the material is shipped to an address authorized in
the license and that the address is valid,
d. Verify the address for a delivery to a temporary job site is
valid,
e. Document the verification and validation process, and
f. Coordinate departure and arrival times with the recipient.
2. Background Investigations
a. Background investigations are intended to provide high
assurance that individuals performing assigned duties associated
with the transport of RAMQC, are trustworthy and reliable, and do
not constitute an unreasonable risk to the common defense and
security, including the potential to commit radiological sabotage.
b. For highway shipments only, the licensee shall ensure
background investigations for all drivers, accompanying individuals,
communications center managers, and other appropriate communications
center personnel have been performed. The NRC only has the authority
to impose a Federal Bureau of Investigation (FBI) criminal history
check, which includes fingerprinting, on those individuals who seek
access to Safeguards Information (SGI) or unescorted access to
licensed material.
c. For rail shipments, the licensee shall ensure background
investigations for employees filling the positions of communications
center managers and other appropriate communications center
personnel have been performed. The NRC only has the authority to
impose a Federal Bureau of Investigation (FBI) criminal history
check, which includes fingerprinting, on those individuals who seek
access to SGI or unescorted access to licensed material.
d. Licensees shall document the basis for concluding that there
is high assurance that individuals granted access to safeguards
information or unescorted access to licensed material are
trustworthy and reliable, and do not constitute an unreasonable risk
for malevolent use of the regulated material. ``Access'' means that
an individual could exercise some physical control over the material
or device containing radioactive material.
(1) The trustworthiness, reliability, and verification of an
individual's true identity shall be determined based on a background
investigation. The background investigation shall address at least
the past three (3) years, and as a minimum, include fingerprinting
and an FBI criminal history check, verification of employment
history, education, employment eligibility, and personal references.
If an individual's employment has been less than the required three
(3) years period, educational references may be used in lieu of
employment history.
(2) Fingerprints shall be submitted and reviewed in accordance
with the procedures described in Attachment C to this Order.
(3) A reviewing official that the licensee nominated and has
been approved by the NRC, in accordance with NRC ``Order Imposing
Fingerprinting and Criminal History Records Check Requirements for
Access to Safeguards Information,'' may continue to make
trustworthiness and reliability determinations. The licensee may
also nominate another individual specifically for making unescorted
access determinations using the process identified in the NRC
``Order Imposing Fingerprinting and Criminal History Records Check
Requirements for Access to Safeguards Information.''
e. Licensees background investigation requirements may also be
satisfied for an individual that has:
(1) Current access authorization permitting unescorted access to
a power reactor facility or access to Safeguards Information,
(2) Current U.S. government-issued security clearance (based
upon a national agency check, at a minimum), or
(3) Satisfactorily completed a background investigation under an
NRC-approved access authorization program.
f. Individuals shall not perform assigned duties associated with
the transport of RAMQC until the licensee has confirmed that a
determination of trustworthiness and reliability, based on the
appropriate background investigation requirements in B.2.d. and
B.2.e., has been performed and documented.
3. Preplanning and Coordination
a. As part of the shipment planning process, the licensee shall
ensure that appropriate security information is provided to and is
coordinated with affected States through which the shipment will
pass to ensure minimal delays. These discussions shall include
whether a State intends to provide escorts for a shipment.
b. The licensee shall ensure States are provided with position
information on a shipment (see Paragraph B.5.a), if requested and
practical.
c. For shipments by highway, the licensees's coordination
required in Paragraph B.3.a. shall include identification of Highway
Route Controlled Quantity (HRCQ) shipments of material and safe
havens.\1\
---------------------------------------------------------------------------
\1\ In general, a safe haven is a readily recognizable and
readily accessible site at which security is present or from which,
in the event of an emergency, the transport crew can notify and wait
for the local law enforcement authorities (LLEA). The following
criteria are used by the NRC to determine the safe haven sites and
licensees should use these criteria in identifying safe havens for
shipments subject to this Order:
--Close proximity to the route, i.e., readily available to the
transport vehicle.
--Security from local, State, or Federal assets is present or is
accessible for timely response.
--Site is well lit, has adequate parking, and can be used for
emergency repair or wait for LLEA response on a 24-hours-a-day
basis.
--Have additional telephone facilities should the communications
system of the transport vehicle not function properly.
Possible safe haven sites include: Military installations and
other Federal sites having significant security assets; secure
company terminals; State weigh stations; truck stops with secure
areas; and LLEA sites, including State police barracks.
---------------------------------------------------------------------------
4. Notifications
a. The licensee shall ensure an advance notification of a
shipment is provided, or of a series of shipments, of RAMQC to the
NRC. The licensee shall ensure the notification is submitted
sufficiently in advance to ensure it is received by NRC at least
seven (7) days, where practicable, before the shipment commences
physically within the U.S.
For written notifications, the notice should be addressed to:
(10 CFR 2.390)
U.S. Nuclear Regulatory Commission, ATTN: Director, Division of
Nuclear Security, M/S: T-4-D-8, Office of Nuclear Security and
Incident Response, 11555 Rockville Pike, Rockville, MD 20852-2738.
Notifications may also be submitted electronically via e-mail to
RAMQC_SHIPMENTS@nrc.gov or via fax to (301) 816-5151. (10 CFR
2.390)
[[Page 51021]]
b. The advance notification shall contain the following
information:
(1) [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(2) [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(3) [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(4) [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(5) [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(6) [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(7) [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
Refer to Paragraph B.7.c. for determination of information
designation of advance notifications during preplanning,
coordinating, and reporting information activities.
c. The licensee shall ensure the information required by
Paragraph B.4.b. is provided to each State through which the
shipment will pass. The licensee shall ensure that the notification
is received at least seven (7) days, where practicable, before the
U.S. highway or railroad portion of a shipment commences.
d. [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
5. Communications
a. (1) For highway shipments, monitor each RAMQC shipment with a
telemetric position monitoring system that communicates with a
communication center or is equipped with an alternative tracking
system that communicates position information to a communications
center.
(2) For rail shipments, monitor each RAMQC shipment with either:
(i) A telemetric position monitoring system that communicates with a
licensee or third-party communication center, (ii) a railroad track-
side car location monitoring systems tracking system that relays a
car's position to a railroad communications center (which can
provide position information to any separate licensee communications
center per Paragraph B.5.b), or (iii) alternate licensee monitoring
system. Additionally, licensees may use a railroad communications
center to monitor the rail portion of a shipment, in lieu of using a
separate communications center.
b. (1) For highway shipments, provide for a communication center
that has the capability to continuously and actively monitor in-
progress shipments to ensure positive confirmation of the location,
status, and control over the shipment and implement pre-planned
procedures in response to deviations from the authorized route or
notification of actual, attempted, or suspicious activities related
to theft, loss, diversion, or radiological sabotage of a shipment.
These procedures shall include identification of the designated LLEA
contact(s) along the shipment route.
(2) For rail shipments, provide for a communication center that
has the capability to periodically monitor in-progress shipments to
ensure positive confirmation of the location of the shipment and
implement pre-planned procedures in response to notification of
actual, attempted, or suspicious activities related to theft, loss,
diversion, or radiological sabotage of a shipment. These procedures
shall include identification of the designated LLEA contact(s) along
the shipment route. Licensees may use a railroad communications
center in lieu of establishing a separate communications center.
c. (1) For highway shipments, ensure that a two-way
telecommunication capability is available for the transport and any
escort vehicles allowing them to communicate with each other with
the communications center, and with designated LLEAs along the
route. The communications center must be capable of contacting the
designated authorities along the shipment route.
(2) For rail shipments, ensure that a two-way telecommunication
capability is available between the train and the communications
center and between any escort vehicles and the communications
center. The communications center must be capable of contacting the
designated authorities along the shipment route.
d. A licensee may utilize a carrier or third-party
communications center in lieu of establishing such a facility
itself. A commercial communications center must have the
capabilities, necessary procedures, training, and personnel
background investigations to meet the applicable requirements of
these ASMs.
e. (1) For highway shipments, provide a backup means for the
transport and any escort vehicle to communicate with the
communications center, using a diverse method not subject to the
same interference factors as the primary capability selected for
compliance with Paragraph B.5.c. (e.g., two-way radio or portable
telephone).
(2) For rail shipments, provide a backup means for the train to
talk with the communications center, using a diverse method not
subject to the same interference factors as the primary capability
selected for compliance with Paragraph B.5.c. (e.g., two-way radio
or portable telephone).
f. [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
(1) Not later than one hour after the time when, through the
course of the investigation, it is determined the shipment is lost
or stolen, the licensee shall ensure the appropriate local law
enforcement agency, the NRC Operations Center at (301) 816-5100, and
the appropriate Agreement State regulatory agency, if any, are
notified.
(2) If after 24 hours of initiating the investigation, the
radioactive material cannot be located, licensee shall ensure the
NRC Operations Center and, for Agreement State licensees, the
appropriate Agreement State regulatory agency are immediately
notified.
g. [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
6. Drivers and Accompanying Individuals
a. [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
b. [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
c. [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
d. [This paragraph contains SAFEGUARDS INFORMATION and will not
be publicly disclosed.]
7. Procedures, Training, and Control of Information
a. (1) For highway shipments the licensee shall ensure that
normal and contingency procedures have been developed, including,
for example: Notifications, communications protocols, loss of
communications, and response to actual, attempted, or suspicious
activities related to theft, loss, diversion, or radiological
sabotage of a shipment. Communication protocols must include a
strategy for use of authentication and duress codes, provision for
refueling or other stops, detours, and locations where communication
is expected to be temporarily lost.
(2) For rail shipments, the licensee shall ensure that normal
and contingency procedures have been developed, including, for
example: notifications, communications protocols, loss of
communications, and response to actual, attempted, or suspicious
activities related to theft, loss, diversion, or radiological
sabotage of a shipment. Communication protocols must include a
strategy for use of authentication and duress codes, provision for
stops, and locations where communication is expected to be
temporarily lost.
b. (1) For highway shipments, the licensee shall ensure that
personnel, including drivers, accompanying individuals, responsible
communication center managers, and other appropriate communication
center personnel are trained in and understand the normal and
contingency procedures.
(2) For rail shipments, the licensee shall ensure that
personnel, including the appropriate train crew members and
responsible railroad communication center managers, and other
appropriate railroad communication center personnel are trained in
and understand the normal and contingency procedures.
c. Information to be protected as Safeguards Information--
Modified Handling, shall include, but is not limited to:
(1) Integrated transportation physical security plans.
(2) Schedules and itineraries for shipments. For shipments that
are not inherently self disclosing, schedule and itineraries
information may be decontrolled 2 days after a shipment is
completed. For shipments that are inherently self disclosing,
schedule may be released as necessary after departure.
(3) Details of alarm and communications systems, communication
protocols and duress codes, and security contingency response
procedures.
(4) Arrangements with designated LLEA (i.e., Federal, State
Police, and/or local police
[[Page 51022]]
departments) and information on whether a State intends to provide
armed escorts for a shipment.
For preplanning; coordinating, for example with States'
organizations and carriers; reporting information as described in
B.1., B.4., and B.5. related to shipments of radioactive material,
and the radionuclides identified in Paragraph A.1, the licensee
shall ensure the information is protected at least as sensitive
information (for example, proprietary or business financial
information). Licensees shall ensure access is restricted to this
information to those licensee and contractor personnel with a need
to know. Licensees shall ensure all parties receiving this
information protect it similarly. Information may be transmitted
either in writing or electronically and shall be marked as
``Sensitive Information--Not for Public Disclosure.''
C. Implementation Schedule
1. Licensees shall implement the requirements of this ASM within
180 days of the date of issuance of the Order or before the first
shipment of RAMQC, whichever is sooner.
Table A--Radionuclides of Concern
------------------------------------------------------------------------
Quantity of
Quantity of concern (Ci)
Radionuclide concern (TBq) information only--
threshold limit rounded after
conversion
------------------------------------------------------------------------
Am-241............................ 60 1,600
Am-241/Be......................... 60 1,600
Cf-252............................ 20 540
Cm-244............................ 50 1,400
Co-60............................. 30 810
Cs-137............................ 100 2,700
Gd-153............................ 1,000 27,000
Ir-192............................ 80 2,200
Pm-147............................ 40,000 1,100,000
Pu-238............................ 60 1,600
Pu-239/Be......................... 60 1,600
Ra-226 \1\........................ 40 1,100
Se-75............................. 200 5,400
Sr-90 (Y-90)...................... 1,000 27,000
Tm-170............................ 20,000 540,000
Yb-169............................ 300 8,100
------------------------------------------------------------------------
\1\ The Atomic Energy Act, as amended by the Energy Policy Act of 2005,
authorizes NRC to regulate Ra-226 and NRC is in the process of
amending its regulations for discrete sources of Ra-226.
Notes:
1. The regulatory standard values to be used are given in
Terabecquerels (TBq). Curie (Ci) values are provided for practical
usefulness only and are rounded after conversion.
2. If several radionuclides are present, the sum of the
fractions of the activity of each radionuclide must be determined.
Using the equation below calculate the ratio by inserting the actual
activity of each radionuclide as the numerator and the corresponding
activity limit in Table A as the denominator. Ensure the numerator
and the denominator are in Terabecquerels.
R1 = activity for radionuclide number 1
R2 = activity for radionuclide number 2
R3, R4, R5......etc.
AR1 = activity limit for radionuclide number 1
AR2 = activity limit for radionuclide number 2
AR3, AR4, AR5......etc.
[GRAPHIC] [TIFF OMITTED] TN29AU08.000
Attachment C: Requirements for Fingerprinting and Criminal History
Checks of Individuals When Licensee's Reviewing Official Is Determining
Access to Safeguards Information or Unescorted Access to Radioactive
Materials
General Requirements
Licensees shall comply with the following requirements of this
attachment.
1. Each Licensee subject to the provisions of this attachment
shall fingerprint each individual who is seeking or permitted access
to safeguards information (SGI) or unescorted access to RAMQC. The
Licensee shall review and use the information received from the
Federal Bureau of Investigation (FBI) and ensure that the provisions
contained in this Order and this attachment are satisfied.
2. The Licensee shall notify each affected individual that the
fingerprints will be used to secure a review of his/her criminal
history record and inform the individual of the procedures for
revising the record or including an explanation in the record, as
specified in the ``Right to Correct and Complete Information''
section of this attachment.
3. Fingerprints for access to SGI or unescorted access need not
be taken if an employed individual (e.g., a Licensee employee,
contractor, manufacturer, or supplier) is relieved from the
fingerprinting requirement by 10 CFR 73.59 for access to SGI or 10
CFR 73.61 for unescorted access, has a favorably-decided U.S.
Government criminal history check within the last five (5) years, or
has an active federal security clearance. Written confirmation from
the Agency/employer which granted the federal security clearance or
reviewed the criminal history check must be provided for either of
the latter two cases. The Licensee must retain this documentation
for a period of three (3) years from the date the individual no
longer requires access to SGI or unescorted access to radioactive
materials associated with the Licensee's activities.
4. All fingerprints obtained by the Licensee pursuant to this
Order must be submitted to the Commission for transmission to the
FBI.
5. The Licensee shall review the information received from the
FBI and consider it, in conjunction with the trustworthy and
reliability requirements of this Order, in making a determination
whether to grant, or continue to allow, access to SGI or unescorted
access to radioactive materials.
6. The Licensee shall use any information obtained as part of a
criminal history records check solely for the purpose of determining
an individual's suitability for access to SGI or unescorted access
to RAMQC.
7. The Licensee shall document the basis for its determination
whether to grant, or continue to allow, access to SGI or unescorted
access to RAMQC.
Prohibitions
A Licensee shall not base a final determination to deny an
individual access to radioactive materials solely on the basis of
[[Page 51023]]
information received from the FBI involving: an arrest more than one
(1) year old for which there is no information of the disposition of
the case, or an arrest that resulted in dismissal of the charge or
an acquittal.
A Licensee shall not use information received from a criminal
history check obtained pursuant to this Order in a manner that would
infringe upon the rights of any individual under the First Amendment
to the Constitution of the United States, nor shall the Licensee use
the information in any way which would discriminate among
individuals on the basis of race, religion, national origin, sex, or
age.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this Order, Licensees shall,
using an appropriate method listed in 10 CFR 73.4, submit to the
NRC's Division of Facilities and Security, Mail Stop T-6E46, one
completed, legible standard fingerprint card (Form FD-258,
ORIMDNRCOOOZ) or, where practicable, other fingerprint records for
each individual seeking access to SGI or unescorted access to RAMQC,
to the Director of the Division of Facilities and Security, marked
for the attention of the Division's Criminal History Check Section.
Copies of these forms may be obtained by writing the Office of
Information Services, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, by calling (301) 415-7232, or by e-mail
to forms.resource@nrc.gov. Practicable alternative formats are set
forth in 10 CFR 73.4. The Licensee shall establish procedures to
ensure that the quality of the fingerprints taken results in
minimizing the rejection rate of fingerprint cards due to illegible
or incomplete cards.
The NRC will review submitted fingerprint cards for
completeness. Any Form FD-258 fingerprint record containing
omissions or evident errors will be returned to the Licensee for
corrections. The fee for processing fingerprint checks includes one
re-submission if the initial submission is returned by the FBI
because the fingerprint impressions cannot be classified. The one
free re-submission must have the FBI Transaction Control Number
reflected on the re-submission. If additional submissions are
necessary, they will be treated as initial submittals and will
require a second payment of the processing fee.
Fees for processing fingerprint checks are due upon application
(Note: Other fees may apply to obtain fingerprints from your local
law enforcement agency). Licensees should submit payments
electronically via https://www.pay.gov. Payments through Pay.gov can
be made directly from the Licensee's credit/debit card. Licensees
will need to establish a password and user ID before they can access
Pay.gov. To establish an account, Licensee requests must be sent to
paygo@nrc.gov. The request must include the Licensee's name,
address, point of contact, e-mail address, and phone number. The NRC
will forward each request to Pay.gov and someone from Pay.gov will
contact the Licensee with all of the necessary account information.
Licensees shall make payments for processing before submitting
applications to the NRC. Combined payment for multiple applications
is acceptable. Licensees shall include the Pay.gov payment
receipt(s) along with the application(s). For additional guidance on
making electronic payments, contact the Facilities Security Branch,
Division of Facilities and Security, at (301) 415-7404.
Alternatively, licensees may also submit payment with the
application for processing fingerprints by corporate check,
certified check, cashier's check, or money order, made payable to
``U.S. NRC.'' Combined payment for multiple applications is
acceptable.
The application fee (currently $36) is the sum of the user fee
charged by the FBI for each fingerprint card or other fingerprint
record submitted by the NRC on behalf of a Licensee, and an NRC
processing fee, which covers administrative costs associated with
NRC handling of Licensee fingerprint submissions. The Commission
will directly notify Licensees subject to this regulation of any fee
changes.
The Commission will forward to the submitting Licensee all data
received from the FBI as a result of the Licensee's application(s)
for criminal history checks, including the FBI fingerprint record.
Right to Correct and Complete Information
Prior to any final adverse determination, the Licensee shall
make available to the individual the contents of any criminal
records obtained from the FBI for the purpose of assuring correct
and complete information. Written confirmation by the individual of
receipt of this notification must be maintained by the Licensee for
a period of one (1) year from the date of the notification.
If, after reviewing the record, an individual believes that it
is incorrect or incomplete in any respect and wishes to change,
correct, or update the alleged deficiency, or to explain any matter
in the record, the individual may initiate challenge procedures.
These procedures include either direct application by the individual
challenging the record to the agency (i.e., law enforcement agency)
that contributed the questioned information, or direct challenge as
to the accuracy or completeness of any entry on the criminal history
record to the Assistant Director, Federal Bureau of Investigation
Identification Division, Washington, DC 20537-9700 (as set forth in
28 CFR 16.30 through 16.34). In the latter case, the FBI forwards
the challenge to the agency that submitted the data and requests
that agency to verify or correct the challenged entry. Upon receipt
of an official communication directly from the agency that
contributed the original information, the FBI Identification
Division makes any changes necessary in accordance with the
information supplied by that agency. The Licensee must provide at
least ten (10) days for an individual to initiate an action
challenging the results of an FBI criminal history records check
after the record is made available for his/her review. The Licensee
may make a final determination on access to SGI or unescorted access
RAMQC based upon the criminal history record only upon receipt of
the FBI's ultimate confirmation or correction of the record. Upon a
final adverse determination on access to SGI or unescorted access to
RAMQC, the Licensee shall provide the individual its documented
basis for denial. Access to SGI or unescorted access to RAMQC shall
not be granted to an individual during the review process.
Protection of Information
1. Each Licensee who obtains a criminal history record on an
individual pursuant to this Order shall establish and maintain a
system of files and procedures for protecting the record and the
personal information from unauthorized disclosure.
2. The Licensee may not disclose the record or personal
information collected and maintained to persons other than the
subject individual, his/her representative, or to those who have a
need to access the information in performing assigned duties in the
process of determining access to SGI or unescorted access to RAMQC.
No individual authorized to have access to the information may re-
disseminate the information to any other individual who does not
have a need-to-know.
3. The personal information obtained on an individual from a
criminal history record check may be transferred to another Licensee
if the Licensee holding the criminal history record receives the
individual's written request to re-disseminate the information
contained in his/her file, and the gaining Licensee verifies
information such as the individual's name, date of birth, social
security number, sex, and other applicable physical characteristics
for identification purposes.
4. The Licensee shall make criminal history records, obtained
under this section, available for examination by an authorized
representative of the NRC to determine compliance with the
regulations and laws.
5. The Licensee shall retain all fingerprint and criminal
history records received from the FBI, or a copy if the individual's
file has been transferred, for three (3) years after termination of
employment or denial to access SGI or unescorted access to RAMQC.
After the required three (3) year period, these documents shall be
destroyed by a method that will prevent reconstruction of the
information in whole or in part.
[FR Doc. E8-20119 Filed 8-28-08; 8:45 am]
BILLING CODE 7590-01-P