24 March 2006
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[Federal Register: March 24, 2006 (Volume 71, Number 57)]
[Notices]
[Page 14959-14961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr06-128]
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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)
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, 50, 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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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
[[Page 14960]]
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 contain 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 and issued specifically to the Licensees identified in
Attachment A to this Order on the date of this Order. 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.
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 September 6, 2006, or before the first shipment of
RAMQC, whichever is sooner. This Order supercedes the additional
transportation security measures prescribed in Attachment 2, Section
7.d. of the Manufacturer's and Distributor's 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 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.
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 or the Director, 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 a
hearing be transmitted to the Secretary of the Commission either by
means of facsimile transmission to 301-415-1101 or by e-mail to
hearingdocket@nrc.gov and also to the Office of the General Counsel
either by means of facsimile to 301-415-3725 or by e-mail to
OGCMailCenter@nrc.gov. 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.
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 grounds that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on
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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 10th day of March 2006.
For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E6-4279 Filed 3-23-06; 8:45 am]
BILLING CODE 7590-01-P