November 14, 2005 EA-05-090

Holders of Material Licenses Authorized

to Possess Radioactive Material Quantities of Concern

as listed in Attachment A to Enclosure 1

SUBJECT: ISSUANCE OF ORDER FOR INCREASED CONTROLS FOR CERTAIN

RADIOACTIVE MATERIALS LICENSEES

The U.S. Nuclear Regulatory Commission (NRC or Commission) is issuing the enclosed Order

(Enclosure 1, with attachments) that requires compliance with the increased controls with

respect to the possession of radioactive material quantities of concern. This Order applies to all

Addressees listed in Attachment A to the enclosed Order. Attachment B to this Order contains

the additional requirements. Table 1 of Attachment B, identifies radioactive material quantities

of concern. 

The Commission recognizes that you have voluntarily and responsibly implemented additional

measures following the events of September 11, 2001. The Commission has determined that

certain additional controls are required to be implemented by licensees to supplement existing

regulatory requirements in 10 CFR § 20.1801 and 10 CFR § 20.1802, to ensure adequate

protection of, and minimize danger to, the public health and safety. Therefore, the Commission

is imposing the requirements set forth in Attachment B on radioactive material licensees who

possess, or have near term plans to possess, radioactive material quantities of concern. These

requirements, which supplement existing regulatory requirements, will provide the Commission

with reasonable assurance that the public health and safety continues to be adequately

protected. The Commission has concluded that these increased control measures should be

imposed by an Order. The Order sets forth requirements with which you must comply. The

enclosed Order is effective immediately. These requirements will remain in effect until the

Commission incorporates similar measures into its regulations.

The enclosed Order calls for responses and actions within specified time frames. All recipients

are required to respond, in writing to the NRC, within twenty-five (25) days of this Order. In the

response, you must submit a schedule for compliance as required in section III, condition C.1 of

the Order, or provide the notifications required by conditions B.1 or B.2. If you determine that

compliance with the Order is not necessary because you do not possess radioactive material

quantities of concern although you are licensed to do so, you must notify the NRC as specified

in condition B.1. If you subsequently acquire radioactive material quantities of concern,

implementation of the Order must be completed in accordance with condition A. 
2

Also enclosed is a copy of Implementing Guidance and Questions and Answers resulting from

closed meetings held with, and correspondence received from, stakeholders (Enclosure 2). 

Additionally, NRC recognizes that there may be no originating licensee as identified in Item D,

on Increased Controls Section IC 3 to Attachment B, and therefore, licensees should coordinate

with the originator of each applicable shipment. 

To facilitate resolution of any issues or questions related to compliance with the requirements in

the enclosed Order, please contact Doug Broaddus at (301) 415-7197, or Frederick Sturz at

(301) 415-6678. You may also send questions to ICSupport@nrc.gov. All other

correspondence, written responses to the Order, and copies of written responses to the Order

submitted to the Director, Office of Nuclear Material Safety and Safeguards, should be

addressed to the attention of Ernesto Quinones, USNRC, MS T8F3. The enclosed Order has

been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Jack R. Strosnider, Director

Office of Nuclear Material Safety

 and Safeguards

Enclosures

1. Order

2. Copy of Implementing Guidance and 

 Questions and Answers
2

Also enclosed is a copy of Implementing Guidance and Questions and Answers resulting from

closed meetings held with, and correspondence received from, stakeholders (Enclosure 2). 

Additionally, NRC recognizes that there may be no originating licensee as identified in Item D,

on Increased Controls Section IC 3 to Attachment B, and therefore, licensees should coordinate

with the originator of each applicable shipment. 

To facilitate resolution of any issues or questions related to compliance with the requirements in

the enclosed Order, please contact Doug Broaddus at (301) 415-7197, or Frederick Sturz at

(301) 415-6678. You may also send questions to ICSupport@nrc.gov. All other

correspondence, written responses to the Order, and copies of written responses to the Order

submitted to the Director, Office of Nuclear Material Safety and Safeguards, should be

addressed to the attention of Ernesto Quinones, USNRC, MS T8F3. The enclosed Order has

been forwarded to the Office of the Federal Register for publication.

Sincerely,

 /RA/

Jack R. Strosnider, Director

Office of Nuclear Material Safety

 and Safeguards

Enclosures

1. Order

2. Copy of Implementing Guidance and 

 Questions and Answers

Distribution:

NMSSr/f MTWS r/f DNS r/f

RidsNMSSOD NRCNSIRMailCenter RidsSECYMailCenter

RidsSTPMailCenter RidsOGCMailCenter VOrdaz 

MLayton FSturz RidsOEMailCenter

RTurtil G. Purdy 

DBroaddus

PUBLIC (without list of licensees) DCD (SPX2) 

 ML053130183

OFFICE IMNS NSIR/MTWS NMSS/Editor OGC OE:D

NAME DBroaddus FSturz Ekraus JGoldberg / 

GMLongo for

MRJohnson /

MCNolan for

DATE 10/24/05 10/13/05 11/03/05 11/02/05 10/28/05

OFFICE STP:D NSIR:D IMNS:D NMSS:D

NAME JRSchlueter RPZimmerman / 

MLayton for

 CMiller JRStrosnider

DATE 10/28/05 10/31/05 11/14/05 11/14/05

 OFFICIAL RECORD COPY