[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Pages 49714-49721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19545]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[ EA-08-212]
In the Matter of; All Licensees Authorized To Manufacture or
Initially Transfer Items Containing Radioactive Material for Sale or
Distribution and Possess High-Risk Radioactive Material of Concern;
Order Imposing Additional Security Measures (Effective Immediately)
I
The Licensees identified in Attachment 1 \1\ to this Order hold
licenses issued in accordance with the Atomic Energy Act of 1954, as
amended, by the U.S. Nuclear Regulatory Commission (NRC or Commission)
or an Agreement State authorizing them to manufacture or initially
transfer items containing radioactive material for sale or
distribution. Commission regulations at 10 CFR 20.1801 or equivalent
Agreement State regulations require Licensees to secure, from
unauthorized removal or access, licensed materials that are stored in
controlled or unrestricted areas. Commission regulations at 10 CFR
20.1802 or equivalent Agreement State regulations require Licensees to
control and maintain constant surveillance of licensed material that is
in a controlled or unrestricted area and that is not in storage.
---------------------------------------------------------------------------
\1\ Attachment 1 contains sensitive information and will not be
released to the public.
---------------------------------------------------------------------------
II
On September 11, 2001, terrorists simultaneously attacked targets
in New York, N.Y., 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 its Licensees in order to
strengthen Licensees' capabilities and readiness to respond to a
potential attack on a nuclear facility. 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 security measures at
licensed facilities. In addition, the Commission has been conducting a
review of its safeguards and security programs and requirements.
As a result of its consideration of current safeguards and license
requirements, as well as a review of information provided by the
intelligence community, the Commission has determined that certain
additional security measures are required to be implemented by
Licensees as prudent measures to address the current threat
environment. Therefore, the Commission is imposing the requirements set
forth in Attachment 2 \2\ on certain Manufacturing and Distribution
Licensees identified in Attachment 1 of this Order who currently
possess, or have near term plans to possess, high-risk radioactive
material of concern. These requirements, which supplement existing
regulatory requirements, will provide the Commission with reasonable
assurance that the public health and safety and common defense and
security continue to be adequately protected in the current threat
environment. Attachment 3 of this Order contains the requirements for
fingerprinting and criminal history record checks for individuals when
a 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 2 contains some requirements that are SAFEGUARDS
INFORMATION, and cannot be released to the public. The remainder of
the requirements contained in Attachment 2 that are not SAFEGUARDS
INFORMATION will be released to the public.
---------------------------------------------------------------------------
The Commission concludes that the security measures must be
embodied in an Order consistent with the established regulatory
framework. Furthermore, the Commission has determined that some of the
security measures contained in Attachment 2 of this Order contain
Safeguards Information and will not be released to the public as per
the NRC's ``Order Imposing Requirements for the Protection of Certain
Safeguards Information'' (EA-08-161), regarding the protection of
Safeguards Information. The Commission hereby provides notice that it
intends to treat all violations of the requirements contained in
Attachment 2 to the NRC's ``Order Imposing Requirements for the
Protection of Certain Safeguards Information'' (EA-08-161), applicable
to the handling and unauthorized disclosure of Safeguards Information
as serious breaches of adequate protection of the public health and
safety and the common defense and security of the United States. Access
to Safeguards Information is limited to those persons who have
established 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, Manufacturing and Distribution Licensees
identified in Attachment 1 to this Order shall implement the
requirements identified in Attachments 2 and 3 to this Order. In
addition, pursuant to 10 CFR 2.202, I
[[Page 49715]]
find that in light of the common defense and security matters
identified above, which warrant the issuance of this Order, the public
health, safety and interest require that this Order be effective
immediately.
III
Accordingly, pursuant to Sections 81, 147, 149, 161b, 161i, 161o,
182 and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR Sec. 2.202, 10 CFR Part 30, and 10
CFR Part 32, it is hereby ordered, effective immediately, that all
licensees identified in Attachment 1 to this order shall comply with
the requirements of this order as follows:
A. The Licensee shall, notwithstanding the provisions of any
Commission or Agreement State regulation or license to the contrary,
comply with the requirements described in Attachments 2 and 3 to this
Order. The Licensee shall immediately start implementation of the
requirements in Attachments 2 and 3 to the Order and shall complete
implementation by February 10, 2009, or the first day that
radionuclides of concern at or above threshold limits (i.e., high-risk
radioactive material), also identified in Attachment 2, are possessed,
whichever is later.
B.1. The Licensee shall, within twenty (20) days of the date of
this Order, notify the Commission, (1) if it is unable to comply with
any of the requirements described in Attachments 2 or 3, (2) if
compliance with any of the requirements is unnecessary in its specific
circumstances, or (3) if implementation of any of the requirements
would cause the Licensee to be in violation of the provisions of any
Commission or Agreement State regulation or its license. The
notification shall provide the Licensee's justification for seeking
relief from or variation of any specific requirement.
2. If the Licensee considers that implementation of any of the
requirements described in Attachments 2 or 3 to this Order would
adversely impact safe operation of the facility, the Licensee 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 Attachments 2 or 3
requirement in question, or a schedule for modifying the facility to
address the adverse safety condition. If neither approach is
appropriate, the Licensee must supplement its response to Condition B.1
of this Order to identify the condition as a requirement with which it
cannot comply, with attendant justifications as required in Condition
B.1.
C.1. 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 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 2 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 3 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 2. The licensee shall complete
implementation of the requirements of Attachments 2 and 3 to this Order
by February 10, 2009, or the first day that radionuclides of concern at
or above threshold limits (i.e., high-risk radioactive material), also
identified in Attachment 2, are possessed, whichever is later.
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 2 and 3.
2. The Licensee shall report to the Commission when they have
achieved full compliance with the requirements described in Attachments
2 and 3.
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,
[[Page 49716]]
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
[email protected], 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 http://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 http://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 available on the
NRC public Web site at http://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 http://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
http://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.
[[Page 49717]]
An answer or a request for hearing shall not stay the immediate
effectiveness of this order.
Dated this 14th day of August 2008.
For The Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Attachment 1: Service List of Materials Licensees--Redacted
Attachment 2: Additional Security Measures for Manufacturing and
Distribution Materials Licensees (U)--(Revision 1)
These Additional Security Measures (ASMs) and new requirements are
established to delineate licensee responsibility in response to the
current threat environment. The following security measures apply to
Radioactive Material Manufacturing and Distribution Licensees who, at
any given time, possess greater than or equal to the quantities of
concern of radioactive material defined in Table 1 (unless the licensee
documents the basis for concluding that radioactive material possessed
cannot be easily aggregated into quantities in excess of the limits
defined in Table 1). As with the additional security measures
previously provided to other licensees who possess risk significant
radioactive sources, these increased security measures and requirements
address licensees who are authorized to possess high-activity
radioactive material which poses a high risk to human health if not
managed safely and securely.
1. Establish a security zone (or zones). A security zone is an
area, determined by the licensee, that provides for both isolation of
radioactive material and access control.
a. Only use and store the radioactive material within the
established security zone(s); and
b. The licensee shall demonstrate for each security zone, a means
to deter, detect and delay any attempt of unauthorized access to
licensed material. The security zone is not required to be the same as
the restricted area or controlled area, as defined in 10 CFR Part 20 or
equivalent agreement state regulations; and
c. Security zones can be permanent or temporary to meet transitory
or intermittent business activities (such as during periods of
maintenance, source delivery, source replacement, and temporary job
sites). Different isolation/access control measures may be used for
periods during which the security zone is occupied versus unoccupied.
2. Control access at all times to the security zone and limit
admittance to those individuals who are approved and require access to
perform their duties.
3. Implement a system to monitor, detect, assess and respond to
unauthorized entries into or activities in the security zone.
a. [This paragraph contains SAFEGUARDS INFORMATION and will not be
publicly disclosed]
b. Provide a positive measure to detect unauthorized removal of the
radioactive material from the security zone; and
c. [This paragraph contains SAFEGUARDS INFORMATION and will not be
publicly disclosed]
4. [This paragraph contains SAFEGUARDS INFORMATION and will not be
publicly disclosed]
5. Licensees shall document the basis for concluding that there is
reasonable assurance that individuals granted access to safeguards
information or unescorted access to the security zone 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.
a. The trustworthiness and reliability of individuals shall be
determined based on a background investigation. The background
investigation shall address at least the past 3 years and, as a
minimum, include fingerprinting and a Federal Bureau of Investigation
(FBI) criminal history check, verification of work or education
references as appropriate to the length of employment, and confirmation
of employment eligibility.
b. Fingerprints shall be submitted and reviewed in accordance with
the procedures described in Attachment 3 to this Order.
c. 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.''
d. Individuals for whom the licensee has not made a determination
of trustworthiness and reliability, based on the appropriate background
investigation above, shall be escorted within the security zone to
prevent unauthorized access or actions to the licensed radioactive
material. The licensee shall also ensure these individuals are clearly
identifiable as needing an escort while in the security zone.
6. Before transfer of radioactive materials that exceed the
quantities in Table 1, Licensees shall:
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. Assure that the material is shipped to an address authorized in
the license and that the address is valid,
d. Verify the address for deliveries to temporary job site, and
e. Document the verification or validation process.
7. For domestic highway and rail shipments of materials in
quantities greater than or equal to the quantities in Table 1, per
conveyance, the licensee shall:
a. Only use carriers who:
(1) Use established package tracking systems,
(2) Implement methods to assure trustworthiness of drivers,
(3) Maintain constant control and/or surveillance during transit,
and
(4) Have the capability for immediate communication to summon
appropriate response or assistance.
The licensee shall verify and document that the carrier employs the
measures listed above.
b. Coordinate departure and arrival times with the recipient.
c. Immediately initiate an investigation with the carrier and
intended recipient If the shipment does not arrive by close of business
on the day of the previously coordinated arrival time. Not later than
one hour after the time when, through the course of the investigation,
it is determined the shipment has become lost or stolen, the licensee
shall notify the appropriate local law enforcement agency, the NRC
Operations Center at (301) 816-5100, and the appropriate Agreement
State regulatory agency. If after 24 hours of initiating the
investigation, the radioactive material cannot be located, it shall be
presumed lost and the licensee shall immediately notify the NRC
Operations Center and, for Agreement State licensees, the appropriate
Agreement State regulatory agency.
d. In addition to a and b above, for highway and rail shipments of
material in quantities greater than or equal to 100 times the
quantities in Table 1, per conveyance, the licensee shall
[[Page 49718]]
implement the NRC Order for Additional Security Measures on the
Transportation of Radioactive Material Quantities of Concern.
8. For imports and exports of material in quantities greater than
the quantities in Table 1, per conveyance, the licensee shall follow
the requirements in the Final Rule 10 CFR Part 110, July 1, 2005, (70
FR 37985 and 46066) Export and Import of Radioactive Materials:
Security Policies.
9. The licensee shall protect pre-planning, coordinating, and
reporting information required by ASM 7 related to shipments of
radioactive material, and the radioisotopes identified in Table 1 as
sensitive information (proprietary business financial or confidential).
Licensees shall restrict access to this information to those licensee
and contractor personnel with a need to know. Licensees shall require
all parties receiving this information to protect it similarly.
Information may be transmitted either in writing or electronically and
shall be marked as ``Security-Related Information--Withhold Under 10
CFR 2.390.''
10. The licensee shall maintain all documentation required by these
ASMs for a period of not less than three (3) years after the document
is superseded or no longer effective.
Table 1--Radionuclides of Concern
------------------------------------------------------------------------
Quantity of Quantity of
Radionuclide concern \1\ concern \2\
(TBq) (Ci)
------------------------------------------------------------------------
Am-241................................ 0.6 16
Am-241/BE............................. 0.6 16
Cf-252................................ 0.2 5.4
Cm-244................................ 0.5 14
Co-60................................. 0.3 8.1
Cs-137................................ 1 27
Gd-153................................ 10 270
Ir-192................................ 0.8 22
Pm-147................................ 400 11,000
Pu-238................................ 0.6 16
Pu-239/Be............................. 0.6 16
Ra-226 \3\............................ 0.4 11
Se-75................................. 2 54
Sr-90 (Y-90).......................... 10 270
Tm-170................................ 200 5,400
Yb-169................................ 3 81
Combinations of radioactive materials \(5)\
listed above \4\.....................
------------------------------------------------------------------------
\1\ The aggregate activity of multiple, collocated sources of the same
radionuclide should be included when the total activity equals or
exceeds the quantity of concern.
\2\ The primary values used for compliance with this Order are TBq. The
curie (Ci) values are rounded to two significant figures for
informational purposes only.
\3\ 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.
\4\ Radioactive materials are to be considered aggregated or collocated
if breaching a common physical security barrier (e.g., a locked door
at the entrance to a storage room) would allow access to the
radioactive material or devices containing the radioactive material.
\5\ If several radionuclides are aggregated, the sum of the ratios of
the activity of each source, i of radionuclide, n, A(i,n), to the
quantity of concern for radionuclide n, Q(n), listed for that
radionuclide equals or exceeds one. [(aggregated source activity for
radionuclide A) / (quantity of concern for radionuclide A)] +
[(aggregated source activity for radionuclide B) / (quantity of
concern for radionuclide B)] + etc. * * * >= 1.
Guidance for Aggregation of Sources
NRC supports the use of the International Atomic Energy
Association's (IAEA) source categorization methodology as defined in
IAEA Safety Standards Series No. RS-G-1.9, ``Categorization of
Radioactive Sources,'' (2005) (see http://www-pub.iaea.org/MTCD/publications/PDF/Pub1227_web.pdf) and as endorsed by the agency's Code
of Conduct for the Safety and Security of Radioactive Sources, January
2004 (see http://www-pub.iaea.org/MTCD/publications/PDF/Code-2004_web.pdf). The Code defines a three-tiered source categorization scheme.
Category 1 corresponds to the largest source strength (equal to or
greater than 100 times the quantity of concern values listed in Table
1) and Category 3, the smallest (equal or exceeding one-tenth the
quantity of concern values listed in Table 1). Additional security
measures apply to sources that are equal to or greater than the
quantity of concern values listed in Table 1, plus aggregations of
smaller sources that are equal to or greater than the quantities in
Table 1. Aggregation only applies to sources that are collocated.
Licensees who possess individual sources in total quantities that
equal or exceed the Table 1 quantities are required to implement
additional security measures. Where there are many small (less than the
quantity of concern values) collocated sources whose total aggregate
activity equals or exceeds the Table 1 values, licensees are to
implement additional security measures.
Some source handling or storage activities may cover several
buildings, or several locations within specific buildings. The question
then becomes, ``When are sources considered collocated for purposes of
aggregation?'' For purposes of the additional controls, sources are
considered collocated if breaching a single barrier (e.g., a locked
door at the entrance to a storage room) would allow access to the
sources. Sources behind an outer barrier should be aggregated
separately from those behind an inner barrier (e.g., a locked source
safe inside the locked storage room). However, if both barriers are
simultaneously open, then all sources within these two barriers are
considered to be collocated. This logic should be continued for other
barriers within or behind the inner barrier.
The following example illustrates the point: A lockable room has
sources stored in it. Inside the lockable room, there are two shielded
safes with additional sources in them. Inventories are as follows:
The room has the following sources outside the safes: Cf-252, 0.12
TBq (3.2 Ci); Co-60, 0.18 TBq (4.9 Ci), and Pu-
[[Page 49719]]
238, 0.3 TBq (8.1 Ci). Application of the unity rule yields: (0.12 /
0.2) + (0.18 / 0.3) + (0.3 / 0.6) = 0.6 + 0.6 + 0.5 = 1.7. Therefore,
the sources would require additional security measures.
Shielded safe 1 has a 1.9 TBq (51 Ci) Cs-137 source and a
0.8 TBq (22 Ci) Am-241 source. In this case, the sources would require
additional security measures, regardless of location, because they each
exceed the quantities in Table 1.
Shielded safe 2 has two Ir-192 sources, each having an
activity of 0.3 TBq (8.1 Ci). In this case, the sources would not
require additional security measures while locked in the safe. The
combined activity does not exceed the threshold quantity 0.8 TBq (22
Ci).
Because certain barriers may cease to exist during source handling
operations (e.g., a storage location may be unlocked during periods of
active source usage), licensees should, to the extent practicable,
consider two modes of source usage--``operations'' (active source
usage) and ``shutdown'' (source storage mode). Whichever mode results
in the greatest inventory (considering barrier status) would require
additional security measures for each location.
Use the following method to determine which sources of radioactive
material require implementation of the Additional Security Measures
(ASMs):
Include any single source equal to or greater than the
quantity of concern in Table
Include multiple collocated sources of the same
radionuclide when the combined quantity equals or exceeds the quantity
of concern
For combinations of radionuclides, include multiple
collocated sources of different radionuclides when the aggregate
quantities satisfy the following unity rule: [(amount of radionuclide
A) / (quantity of concern of radionuclide A)] + [(amount of
radionuclide B) / (quantity of concern of radionuclide B)] + etc. * * *
>= 1
Attachment 3: 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 radioactive materials
equal to or greater than the quantities listed in Attachment 2 to this
Order. 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 (e.g. National Agency Check, Transportation Worker
Identification Credentials in accordance with 49 CFR Part 1572, Bureau
of Alcohol Tobacco Firearms and Explosives background checks and
clearances in accordance with 27 CFR Part 555, Health and Human
Services security risk assessments for possession and use of select
agents and toxins in accordance with 27 CFR Part 555, Hazardous
Material security threat assessments for hazardous material endorsement
to commercial drivers license in accordance with 49 CFR Part 1572,
Customs and Border Patrol's Free and Secure Trace Program \1\) 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.
---------------------------------------------------------------------------
\1\ The FAST program is a cooperative effort between the Bureau
of Customs and Border Patrol and the governments of Canada and
Mexico to coordinate processes for the clearance of commercial
shipments at the U.S.-Canada and U.S.-Mexico borders. Participants
in the FAST program, which requires successful completion of a
background records check, may receive expedited entrance privileges
at the northern and southern borders.
---------------------------------------------------------------------------
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
radioactive materials equal to or greater than the quantities used in
Attachment 2 to this Order.
7. The Licensee shall document the basis for its determination
whether to grant, or continue to allow, access to SGI or unescorted
access to radioactive materials equal to or greater than the quantities
used in Attachment 2 to this Order.
Prohibitions
A Licensee shall not base a final determination to deny an
individual access to radioactive materials solely on the basis of
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 radioactive materials equal to or
greater than the quantities used in Attachment 2 to this Order, 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,
[[Page 49720]]
Washington, DC 20555-0001, by calling (301) 415-7232, or by e-mail to
[email protected]. 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 resubmission 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 http://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 [email protected]. 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 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 Part 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 to radioactive
materials equal to or greater than the quantities used in Attachment 2
to this Order 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
radioactive materials equal to or greater than the quantities used in
Attachment 2 to this Order, the Licensee shall provide the individual
its documented basis for denial. Access to SGI or unescorted access to
radioactive materials equal to or greater than the quantities used in
Attachment 2 to this Order 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 radioactive materials equal to or
greater than the quantities used in Attachment 2 to this Order. 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 radioactive materials
equal to or greater than the quantities used in Attachment 2 to this
Order. After the required three (3) year period, these documents shall
be destroyed by a method that will prevent
[[Page 49721]]
reconstruction of the information in whole or in part.
[FR Doc. E8-19545 Filed 8-21-08; 8:45 am]
BILLING CODE 7590-01-P