[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66168-66173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29654]
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NUCLEAR REGULATORY COMMISSION
[EA-09-204; NRC-2009-0543]
In the Matter of: Licensees Authorized To Possess Radioactive
Material Quantities of Concern; Order Imposing Increased Controls
(Effective Immediately)
I
The Licensees identified in Attachment A to this Order hold
licenses issued in accordance with the Atomic Energy Act of 1954 by the
U.S. Nuclear Regulatory Commission (NRC or Commission) authorizing them
to possess certain quantities of radioactive material of concern. Under
NRC regulations, Licensees must take measures to ensure the security
and control of such material. Among these regulations, 10 CFR 20.1801
requires Licensees to secure from unauthorized removal or access
licensed materials that are stored in controlled or unrestricted areas,
while 10 CFR 20.1802 requires Licensees to control and maintain
constant surveillance of licensed material that is in a controlled
[[Page 66169]]
or unrestricted area and that is not in storage.
II
Prior to the terrorist attacks of September 11, 2001 (9/11),
several national and international efforts were underway to address the
potentially significant health and safety hazards posed by uncontrolled
sources. These efforts recognized the need for increased control of
high-risk radioactive materials to prevent both inadvertent and
intentional unauthorized access, primarily due to the potential health
and safety hazards posed by the uncontrolled material. Following 9/11,
it was recognized that these efforts should also include a heightened
awareness and focus on the need to prevent intentional unauthorized
access due to potential malicious acts. These efforts, such as the
International Atomic Energy Agency Code of Conduct on the Safety and
Security of Radioactive Sources concerning Category 1 and 2 sources,
sought to increase the control over sources in order to prevent both
unintended radiation exposure and malicious acts.
A Licensee's loss of control of high-risk radioactive sources,
whether it be inadvertent or through a deliberate act, has the
potential to result in significant adverse health impacts and could
reasonably constitute a threat to the public health and safety. For
this reason, the Commission has determined that Licensees must
implement certain additional controls in order to ensure adequate
protection of, and minimize danger to, public health and safety. These
additional controls supplement existing requirements in the NRC's
regulations, including the requirements in 10 CFR 20.1801 and 10 CFR
20.1802. The Commission is imposing the requirements set forth in
Attachment C on decommissioning reactor Licensees who possess, or who
plan to acquire in the near future, radionuclides of concern at or
above threshold limits identified in Table 1. These requirements will
remain in effect until the Commission modifies its regulations to
reflect increased controls.
The Commission recognizes that Licensees may have already initiated
many controls set forth in Attachment C to this Order in response to
previously issued advisories or on their own initiative. The Commission
also recognizes that some controls may not be possible or necessary at
some sites, and that certain controls may need to be tailored to
accommodate the Licensees' specific circumstances, achieve the intended
objectives, and avoid any unforeseen adverse effect on the safe use and
storage of licensed material.
To provide assurance that the Licensees are implementing prudent
measures to achieve a consistent level of control, all Licensees who
hold licenses issued by the NRC authorizing possession of radioactive
material quantities of concern, as listed in Table 1, ``Radionuclides
of Concern'' (Attachment B, Table 1), shall implement the requirements
identified in Attachment C to this Order. In addition, pursuant to 10
CFR 2.202, because of the potentially significant adverse health
impacts associated with failure to control high-risk radioactive
sources, the NRC finds that 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, including regulations in 10 CFR Parts 2, 20, 30, 33, 40
and 50, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT ALL LICENSEES
IDENTIFIED IN ATTACHMENT A TO THIS ORDER SHALL COMPLY WITH THE
REQUIREMENTS OF THIS ORDER AS FOLLOWS:
A. The Licensee shall comply with the requirements described in
Attachment C to this Order. The Licensee shall complete implementation
within ninety (90) days of the date of this Order, or the first day
that radionuclides of concern at or above threshold limits, identified
in Table 1, are possessed, whichever occurs later.
B.1. The Licensee shall in writing, 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 C, (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 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 C to this Order would adversely
impact safe operation of the facility, the Licensee must notify the
Commission, in writing, 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 C 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 C.
C.2. The Licensee shall report to the Commission when it has
achieved full compliance with the requirements described in Attachment
C.
D. Notwithstanding any provisions of the Commission's regulations
to the contrary, all measures implemented or actions taken in response
to this Order shall be maintained until the Commission modifies its
regulations to reflect increased controls.
E. These requirements do not apply to radioactive material
contained in spent nuclear fuel.
Licensee responses to Conditions B.1, B.2, C.1, and C.2 above shall
be submitted to the Director, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. In addition, Licensee's responses shall be marked
as ``Withhold From Public Disclosure Under 10 CFR 2.390.''
The Director, Division of Waste Management and Environmental
Protection, Office of Federal and State Materials and Environmental
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 five (25)
days of the date of this Order. 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). Where good
cause is shown, consideration will be given to extending the time to
request a hearing.
[[Page 66170]]
A request for extension of time in which to submit an answer must be
made in writing to the Director, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental 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 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,
Division of Waste Management and Environmental Protection, Office of
Federal and State Materials and Environmental 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 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 be transmitted
to the Secretary of the Commission either by means of facsimile
transmission to 301-415-1101 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].
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, (72 FR 49139,
Aug. 28, 2007). 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 an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at (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 proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Help Desk will not be able to offer assistance in using
unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's on-line, web-based submission form. In order
to serve documents through EIE, users will be required to install a web
browser plug-in from the NRC Web site. Further information on the web-
based submission form, including the installation of the web browser
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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 using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta-System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta-System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's
[[Page 66171]]
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, or the 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, unless an NRC regulation or other law requires submission of
such information. 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 submission.
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 23rd day of November 2009.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
Attachment A--Increased Controls Licensee List
EA-09-204
Dresden 1
Exelon Generation Company, LLC
License No.: DPR-2
Docket No.: 050-00010
Fermi 1
Detroit Edison Company
License No.: DPR-9
Docket No.: 050-00016
GE BWR
General Electric Company
License No.: DPR-1
Docket No.: 050-00018
Humboldt 3
Pacific Gas and Electric Company
License No.: DPR-7
Docket No.: 050-00133
Indian Point-1
Entergy Nuclear Operations
License No.: DPR-5
Docket No.: 050-00003
Lacrosse
Dairyland Power Cooperative
License No.: DPR-45
Docket No.: 050-00409
Millstone 1
Dominion Nuclear Connecticut, Inc.
License No.: DPR-21
Docket No.: 050-00245
Nuclear Ship Savannah
U.S. Department of Transportation
License No.: NS-1
Docket No.: 050-00238
Peach Bottom 1
Exelon Nuclear
License No.: DPR-12
Docket No.: 050-00171
Rancho Seco
Sacramento Municipal Utility District
License No.: DPR-54
Docket No.: 050-00312
San Onofre 1
Southern California Edison
License No.: DPR-13
Docket No.: 050-00206
TMI 2
FirstEnergy Corporation
License No.: DPR-73
Docket No.: 050-00320
Zion 1 & 2
Exelon Generation Company, LLC
License No.: DPR-39 and DPR-48
Docket No.: 050-00295 and 050-00304
Attachment B
Table 1--Radionuclides of Concern
------------------------------------------------------------------------
Quantity of Quantity of
Radionuclide concern\1\ (TBq) concern\2\ (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........................... 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 See Footnote Below ................
materials listed above \3\. \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.
[[Page 66172]]
\3\ 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.
\4\ 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
Attachment C--Increased Controls for Licensees That Possess Sources
Containing Radioactive Material Quantities of Concern
The purpose of the increased controls (IC) for radioactive sources
is to enhance control of radioactive material in quantities greater
than or equal to values described in Table 1, to reduce the risk of
unauthorized use of radioactive materials, through access controls to
aid prevention, and prompt detection, assessment, and response to
mitigate potentially high consequences that would be detrimental to
public health and safety. These increased controls for radioactive
sources are established to delineate licensee responsibility to
maintain control of licensed material and secure it from unauthorized
removal or access. The following increased controls apply to licensees
which, at any given time, possess radioactive sources greater than or
equal to the quantities of concern of radioactive material defined in
Table 1.
IC 1. In order to ensure the safe handling, use, and control of
licensed material in use and in storage each licensee shall control
access at all times to radioactive material quantities of concern and
devices containing such radioactive material (devices), and limit
access to such radioactive material and devices to only approved
individuals who require access to perform their duties.
a. The licensee shall allow only trustworthy and reliable
individuals, approved in writing by the licensee, to have unescorted
access to radioactive material quantities of concern and devices. The
licensee shall approve for unescorted access only those individuals
with job duties that require access to such radioactive material and
devices. Personnel who require access to such radioactive material and
devices to perform a job duty, but who are not approved by the licensee
for unescorted access, must be escorted by an approved individual.
b. For individuals employed by the licensee for three years or
less, and for non-licensee personnel, such as physicians, physicists,
house-keeping personnel, and security personnel under contract,
trustworthiness and reliability shall be determined, at a minimum, by
verifying employment history, education, and personal references, and
fingerprinting and the review of an FBI identification and criminal
history records check. The licensee shall also, to the extent possible,
obtain independent information to corroborate that provided by the
employee (i.e., seeking references not supplied by the individual). For
individuals employed by the licensee for longer than three years,
trustworthiness and reliability shall be determined, at a minimum, by a
review of the employees' employment history with the licensee and
fingerprinting and an FBI identification and criminal history records
check.
c. All individuals requiring access to radioactive material
quantities of concern or devices shall be escorted unless determined to
be trustworthy and reliable by an NRC-required background
investigation. In the case of a service provider's employee, the
licensee shall obtain from the service provider written verification
attesting to or certifying the employee's trustworthiness and
reliability before granting unescorted access.
d. The licensee shall document the basis for concluding that there
is reasonable assurance that an individual granted unescorted access is
trustworthy and reliable, and does not constitute an unreasonable risk
for unauthorized use of radioactive material quantities of concern. The
licensee shall maintain a list of persons approved for unescorted
access to such radioactive material and devices by the licensee.
IC 2. In order to ensure the safe handling, use, and control of
licensed material in use and in storage, each licensee shall have a
documented program to monitor and immediately detect, assess, and
respond to unauthorized access to radioactive material quantities of
concern and devices. Enhanced monitoring shall be provided during
periods of source delivery or shipment, where the delivery or shipment
exceeds 100 times the Table 1 values.
a. The licensee shall respond immediately to any actual or
attempted theft, sabotage, or diversion of such radioactive material or
of the devices. The response shall include requesting assistance from a
Local Law Enforcement Agency (LLEA).
b. The licensee shall have a pre-arranged plan with LLEA for
assistance in response to an actual or attempted theft, sabotage, or
diversion of such radioactive material or of the devices which is
consistent in scope and timing with a realistic potential vulnerability
of the sources containing such radioactive material. The pre-arranged
plan shall be updated when changes to the facility design or operation
affect the potential vulnerability of the sources. Pre-arranged LLEA
coordination is not required for temporary job sites.
c. The licensee shall have a dependable means to transmit
information between, and among, the various components used to detect
and identify an unauthorized intrusion, to inform the assessor, and to
summon the appropriate responder.
d. After initiating appropriate response to any actual or attempted
theft, sabotage, or diversion of radioactive material or of the
devices, the licensee shall, as promptly as possible, notify NRC
Operations Center at (301) 816-5100.
e. The licensee shall maintain documentation describing each
instance of unauthorized access and any necessary corrective actions to
prevent future instances of unauthorized access.
IC 3. a. In order to ensure the safe handling, use, and control of
licensed material in transportation for domestic highway and rail
shipments by a carrier other than the licensee, for quantities that
equal or exceed those in Table 1 but are less than 100 times Table 1
quantities, per consignment, the licensee shall:
1. Use carriers which:
A. Use package tracking systems,
B. Implement methods to assure trustworthiness and reliability of
drivers,
C. Maintain constant control and/or surveillance during transit,
and
D. Have the capability for immediate communication to summon
appropriate response or assistance. The licensee shall verify and
document that the carrier employ the measures listed above.
2. Contact the recipient to coordinate the expected arrival time of
the shipment;
3. Confirm receipt of the shipment; and
4. Initiate an investigation to determine the location of the
licensed material if the shipment does not arrive on or about the
expected arrival time. When, through the course of the investigation,
it is determined the shipment has become lost, stolen, or missing, the
licensee shall immediately notify the NRC Operations Center at
[[Page 66173]]
(301) 816-5100. If, after 24 hours of investigating, the location of
the material still cannot be determined, the radioactive material shall
be deemed missing and the licensee shall immediately notify the NRC
Operations Center at (301) 816-5100.
b. For domestic highway and rail shipments, prior to shipping
licensed radioactive material that exceeds 100 times the quantities in
Table 1 per consignment, the licensee shall:
1. Notify the NRC \1\, in writing, at least 90 days prior to the
anticipated date of shipment. The NRC will issue the Order to implement
the Additional Security Measures (ASMs) for the transportation of
Radioactive Material Quantities of Concern (RAM QC). The licensee shall
not ship this material until the ASMs for the transportation of RAM QC
are implemented or the licensee is notified otherwise, in writing, by
NRC.
---------------------------------------------------------------------------
\1\ Director, Division of Waste Management and Environmental
Protection, Office of Federal and State Materials and Environmental
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555
---------------------------------------------------------------------------
2. Once the licensee has implemented the ASMs for the
transportation of RAM QC, the notification requirements of 3.b.1 shall
not apply to future shipments of licensed radioactive material that
exceeds 100 times the Table 1 quantities. The licensee shall implement
the ASMs for the transportation of RAM QC.
c. If a licensee employs an M&D licensee to take possession at the
licensee's location of the licensed radioactive material and ship it
under its M&D license, the requirements of 3.a. and 3.b above shall not
apply.
d. If the licensee is to receive radioactive material greater than
or equal to the Table 1 quantities, per consignment, the licensee shall
coordinate with the originator to:
1. Establish an expected time of delivery; and
2. Confirm receipt of transferred radioactive material. If the
material is not received at the expected time of delivery, notify the
originator and assist in any investigation.
IC 4. In order to ensure the safe handling, use, and control of
licensed material in use and in storage each licensee that possesses
mobile or portable devices containing radioactive material in
quantities greater than or equal to Table 1 values, shall:
a. For portable devices, have two independent physical controls
that form tangible barriers to secure the material from unauthorized
removal when the device is not under direct control and constant
surveillance by the licensee.
b. For mobile devices:
1. that are only moved outside of the facility (e.g., on a
trailer), have two independent physical controls that form tangible
barriers to secure the material from unauthorized removal when the
device is not under direct control and constant surveillance by the
licensee.
2. that are only moved inside a facility, have a physical control
that forms a tangible barrier to secure the material from unauthorized
movement or removal when the device is not under direct control and
constant surveillance by the licensee.
c. For devices in or on a vehicle or trailer, licensees shall also
utilize a method to disable the vehicle or trailer when not under
direct control and constant surveillance by the licensee
IC 5. The licensee shall retain documentation required by these
increased controls for three years after they are no longer effective:
a. The licensee shall retain documentation regarding the
trustworthiness and reliability of individual employees for three years
after the individual's employment ends.
b. Each time the licensee revises the list of approved persons
required by 1.d., or the documented program required by 2, the licensee
shall retain the previous documentation for three years after the
revision.
c. The licensee shall retain documentation on each radioactive
material carrier for three years after the licensee discontinues use of
that particular carrier.
d. The licensee shall retain documentation on shipment
coordination, notifications, and investigations for three years after
the shipment or investigation is completed.
e. After the license is terminated or amended to reduce possession
limits below the quantities of concern, the licensee shall retain all
documentation required by these increased controls for three years.
IC 6. Detailed information generated by the licensee that describes
the physical protection of radioactive material quantities of concern,
is sensitive information and shall be protected from unauthorized
disclosure.
a. The licensee shall control access to its physical protection
information to those persons who have an established need to know the
information, and are considered to be trustworthy and reliable.
b. The licensee shall develop, maintain and implement policies and
procedures for controlling access to, and for proper handling and
protection against unauthorized disclosure of, its physical protection
information for radioactive material covered by these requirements. The
policies and procedures shall include the following:
1. General performance requirement that each person who produces,
receives, or acquires the licensee's sensitive information, protect the
information from unauthorized disclosure,
2. Protection of sensitive information during use, storage, and
transit,
3. Preparation, identification or marking, and transmission,
4. Access controls,
5. Destruction of documents,
6. Use of automatic data processing systems, and
7. Removal from the licensee's sensitive information category.
[FR Doc. E9-29654 Filed 12-11-09; 8:45 am]
BILLING CODE 7590-01-P