[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Pages 44407-44408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4108]


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NUCLEAR REGULATORY COMMISSION

[EA-05-006]


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.
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    \1\ Attachment A contains sensitive unclassified 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 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 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. These additional security measures will remain in 
effect until the Commission determines otherwise.
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    \2\ Attachment B 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 of the measures set forth in Attachment B to this Order in 
response to previously issued Safeguards and Threat Advisories or on 
their own. 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.
    Although the security measures implemented by Licensees in response 
to the Safeguards and Threat Advisories have been adequate to provide 
reasonable assurance of adequate protection of common defense and 
security, 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 the security measures contained in Attachment B of 
this Order contains Safeguards Information and will not be released to 
the public as per Order entitled, ``Issuance of Order Imposing 
Requirements for Protecting Certain Safeguards Information,'' issued on 
November 5, 2004. 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 
Attachment B 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, 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 Attachment B to this Order. 
The Licensees shall immediately start implementation of the 
requirements in Attachment B to the Order and shall complete 
implementation by January 17, 2006, or before the licensee's next 
shipment after the 180 day implementation period of this Order. This 
Order supersedes the additional transportation security measures 
prescribed in the Manufacturer and Distributor Order issued January 12, 
2004.
    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 Attachment B, (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 Attachment B to this Order would adversely 
impact the safe transport of radioactive material quantities of concern 
must notify the Commission, within twenty (20) days of

[[Page 44408]]

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 B 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. All Licensees shall report to the Commission when they have 
achieved full compliance with the requirements described in Attachment 
B.D. 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, and C above shall be 
submitted to the Document Control Desk, ATTN: Director, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. In addition, Licensee submittals that 
contain sensitive security related information shall be properly marked 
and handled in accordance with Licensees' Safeguards Information or 
Safeguards Information--Modified Handling program.
    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 (20) days 
of the date of this Order. Where good cause is shown, consideration 
will be given to extending the time to request a hearing. A request for 
extension of time in which to submit an answer or request a hearing 
must be made in writing to the Director, Office of 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, to the Office of Enforcement at the same address, to the 
Regional Administrator for NRC Region I, II, III, or IV, at the 
respective addresses specified in Appendix A to 10 CFR part 73, 
appropriate for the specific facility, 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 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 (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 19th day of July 2005.

    For the Nuclear Regulatory Commission.
Charles L. Miller,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E5-4108 Filed 8-1-05; 8:45 am]
BILLING CODE 7590-01-P