[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Notices]
[Pages 5375-5377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-180]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos: (Redacted), License Nos: (Redacted), EA-XX-XXXX
(Redacted)]
In the Matter of all Licensees Authorized to Manufacture or
Initially Transfer Items Containing Radioactive Material for Sale or
Distribution and Possess Certain Radioactive Material of Concern and
All Other Persons Who Obtain Safeguards Information Described Herein;
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 by the
U.S.
[[Page 5376]]
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 States
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.
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\1\ Attachment 1 contains official use only sensitive
information and will not be released to the public.
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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 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 on certain manufacturing and distribution
licensees identified in Attachment 1 of this Order \2\ 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. These requirements will remain in effect until the
Commission determines otherwise.
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\2\ Attachment 1 contains official use only sensitive
information and Attachment 2 contains safeguards information and
will not be released to the public.
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The Commission recognizes that Licensees may have already initiated
many measures set forth in Attachment 2 to this Order in response to
previously issued advisories or on their own. It is also recognized
that some measures may not be possible or necessary at some sites, or
may need to be tailored to accommodate the Licensees' specific
circumstances to achieve the intended objectives and avoid any
unforeseen effect on the safe use and storage of the sealed sources.
Although the additional security measures implemented by the Licensees
in response to the Safeguards and Threat Advisories have been adequate
to provide reasonable assurance of adequate protection of public health
and safety, the Commission concludes that the security measures must be
embodied in an Order consistent with the established regulatory
framework. The Commission has determined that the security measures
contained in Attachment 2 of this Order contain safeguards information
and will not be released to the public as per ``Order Imposing
Requirements for the Protection of Certain Safeguards Information
(Effective Immediately),'' issued November 23, 2003, regarding the
protection of safeguards information.''
To provide assurance that the Licensees are implementing prudent
measures to achieve a consistent level of protection to address the
current threat environment, all Licensees who hold licenses issued by
the U.S. Nuclear Regulatory Commission or an Agreement State
authorizing possession of high-risk radioactive material of concern
shall implement the requirements identified in Attachment 2 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, safety and interest
require that this Order be effective immediately.
III
Accordingly, pursuant to sections 81, 161b, 161i, 161o, 182 and 186
of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 10 CFR part 30, and 10 CFR part 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 Attachment 2 to this Order.
The Licensee shall immediately start implementation of the requirements
in Attachment 2 to the Order and shall complete implementation by July
12, 2004, 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, which ever is later.
B. 1. The Licensee shall, within twenty-five (25) days of the date
of this Order, notify the Commission, (1) if it is unable to comply
with any of the requirements described in Attachment 2, (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 Attachment 2 to this Order would adversely
impact safe operation of the facility, the Licensee must notify the
Commission, within twenty-five (25) days of this Order, of the adverse
safety impact, the basis for its determination that the requirement has
an adverse safety impact, and either a proposal for achieving the same
objectives specified in the Attachment 2 requirement in question, or a
schedule for modifying the facility to address the adverse safety
condition. If neither approach is appropriate, the Licensee must
supplement its response to Condition B.1 of this Order to identify the
condition as a requirement with which it cannot comply, with attendant
justifications as required in Condition B.1.
C. 1. The Licensee shall, within twenty-five (25) days of the date
of this Order, submit to the Commission a schedule for completion of
each requirement described in Attachment 2.
2. The Licensee shall report to the Commission when they have
achieved full compliance with the requirements described in Attachment
2.
D. Notwithstanding any provisions of the Commission's or an
Agreement State's regulations to the contrary, all measures implemented
or actions taken
[[Page 5377]]
in response to this order shall be maintained until the Commission
determines otherwise.
Licensee responses to Conditions B.1, B.2, C.1, and C.2 above shall
be submitted to the Director, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
In addition, Licensee 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 Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions upon
demonstration by the Licensee of good cause.
IV
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within twenty-five (25)
days of the date of this Order. Where good cause is shown,
consideration will be given to extending the time to request a hearing.
A request for extension of time in which to submit an answer or request
a hearing must be made in writing to the Director, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and include a statement of good cause for the
extension. The answer may consent to this Order. Unless the answer
consents to this Order, the answer shall, in writing and under oath or
affirmation, specifically set forth the matters of fact and law on
which the Licensee or other person adversely affected relies and the
reasons as to why the Order should not have been issued. Any answer or
request for a hearing shall be submitted to the Secretary, Office of
the Secretary of the Commission, U.S. Nuclear Regulatory Commission,
ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies
also shall be sent to the Director, Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555, to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, and to the Licensee if the answer or
hearing request is by a person other than the Licensee. Because of
possible disruptions in delivery of mail to United States Government
offices, it is requested that answers and requests for hearing be
transmitted to the Secretary of the Commission either by means of
facsimile transmission to 301-415-1101 or by e-mail to
[email protected] and also to the Office of the General Counsel
either by means of facsimile transmission to 301-415-3725 or by e-mail
to [email protected]. 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 2.714(d).
If a hearing is requested by the Licensee or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to
demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in section III above shall be final twenty-five (25) days
from the date of this Order without further order or proceedings. If an
extension of time for requesting a hearing has been approved, the
provisions specified in section III shall be final when the extension
expires if a hearing request has not been received. An answer or a
request for hearing shall not stay the immediate effectiveness of this
Order.
Dated this 12th day of January, 2004.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E4-180 Filed 2-3-04; 8:45 am]
BILLING CODE 7590-01-P