[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Notices]
[Pages 67167-67169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19570]
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NUCLEAR REGULATORY COMMISSION
In the Matter of All Panoramic and Underwater Irradiators
Authorized To Possess Greater Than 370 Terabecquerels (10,000 Curies)
Byproduct Material in the Form of Sealed Sources; Order Imposing
Compensatory Measures (Effective Immediately)
[EA 06-251]
I
The Licensees identified in Attachment 1 to this Order hold
licenses issued in accordance with the Atomic Energy Act of 1954 and 10
CFR part 36
[[Page 67168]]
or comparable Agreement State regulations by the U.S. Nuclear
Regulatory Commission (NRC or Commission) or an Agreement State
authorizing possession of greater than 370 terabecquerels (10,000
curies) of byproduct material in the form of sealed sources either in
panoramic irradiators that have dry or wet storage of the sealed
sources or in underwater irradiators in which both the source and the
product being irradiated are under water. 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.
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
compensatory measures are required to be implemented by Licensees as
prudent, measures to address the current threat environment. Therefore,
the Commission is imposing the requirements, as set forth in Attachment
2 on all Licensees identified in Attachment 1 of this Order \1\ who
currently possess, or have near term plans to possess, greater than 370
terabecquerels (10,000 curies) of byproduct material in the form of
sealed sources. 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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\1\ Attachment 1 contains OFFICIAL USE ONLY--Security Related
Information 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 security measures contained in Attachment 2
of this Order contain safeguards information and will not be released
to the public. The Commission has broad statutory authority to protect
and prohibit the unauthorized disclosure of safeguards information.
Section 147 of the Atomic Energy Act of 1954, as amended, grants the
Commission explicit authority to ``issue such orders, as necessary to
prohibit the unauthorized disclosure of safeguards information. * * *''
This authority extends to information concerning special nuclear
material, source material, and byproduct material, as well as
production and utilization facilities. Licensees must ensure proper
handling and protection of safeguards information to avoid unauthorized
disclosure in accordance with the specific requirements for the
protection of safeguards information contained in Attachment 2 to the
Order Imposing Requirements for the Protection of Certain Safeguards
Information (EA-06-241). The Commission hereby provides notice that it
intends to treat all violations of the requirements contained in
Attachment 2 to the Order Imposing Requirements for the Protection of
Certain Safeguards Information (EA-06-241), 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. 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.
In order 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 greater than 370 terabecquerels (10,000 curies)
of byproduct material in the form of sealed sources in a panoramic or
underwater irradiator 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 36, 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 licensees 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 May
8, 2007, or the first day that greater than 370 terabecquerels (10,000
curies) of byproduct material in the form of sealed sources is
possessed, which ever is later.
[[Page 67169]]
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 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.
B.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 (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 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 (20) days of the date of
this Order, submit to the Commission a schedule for completion of each
requirement described in Attachment 2.
C.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 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 response to Conditions B.1, B.2, C.1, and C.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 in accordance with Attachment 2 to the Order Imposing Requirements
for the Protection of Certain Safeguards Information (EA-06-241).
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, and may request a hearing on this Order, within twenty (20) days
of the date of this Order. Where good cause is shown, consideration
will be given to extending the time to request a hearing. A request for
extension of time in which to submit an answer or request a hearing
must be made in writing to the Director, Office of Federal and State
Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, and include a statement of
good cause for the extension. The answer may consent to this Order.
Unless the answer consents to this Order, the answer shall, in writing
and under oath or affirmation, specifically set forth the matters of
fact and law on which the Licensee or other person adversely affected
relies and the reasons as to why the Order should not have been issued.
Any answer or request for a hearing shall be submitted to the
Secretary, Office of the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, ATTN: Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also shall be sent to the Director, Office
of Federal and State Materials and Environmental Management Programs,
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 2.309(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: November 9, 2006.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Attachment 1: List of Licensees
Redacted.
Attachment 2: Compensatory Measures for Panoramic and Underwater
Irradiator Licensees
Redacted.
[FR Doc. E6-19570 Filed 11-17-06; 8:45 am]
BILLING CODE 7590-01-P