UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

April 21, 2016

TO: Holders of Materials Licenses (Identified in Enclosure 1) That Received

U.S. Nuclear Regulatory Commission Security Orders

SUBJECT: RESCISSION OF U.S. NUCLEAR REGULATORY COMMISSION’S ISSUED

SECURITY ORDERS FOR COMPENSATORY MEASURES AND ADDITIONAL

SECURITY MEASURES (IDENTIFIED IN ENCLOSURE 2)

This letter is being sent to Agreement States licensees that received the U.S. Nuclear 

Regulatory Commission (NRC) security orders. The NRC previously issued security orders 

under the NRC’s common defense and security authority to certain types of materials licensees.

These orders (listed below) were instituted to address the security of Category 1 and Category 2 

quantities of radioactive material until security regulations could be promulgated. On March 19, 

2013, the NRC published Title 10 of the Code of Federal Regulations (10 CFR) Part 37, 

“Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.” This final 

rule, along with Agreement States’ adopting compatible regulations or other legally binding 

requirements such as license conditions or issuing orders, establishes security requirements for

licensees possessing Category 1 and Category 2 quantities of radioactive material. 

Agreement State licensees that received an NRC security order are required to comply with the 

order until the State issues regulations or legally binding requirements that are adequate and 

compatible with 10 CFR Part 37, and those requirements become effective. The NRC has 

determined that your State has established final regulations or other legally binding 

requirements, which are adequate and compatible with 10 CFR Part 37. These final regulations

or other legally binding requirements became effective for licensees from your State as of the 

date specified in Enclosure 3. Accordingly, as of the effective date listed for your State 

(Enclosure 3), the NRC is concurrently rescinding the NRC-issued orders through this formal 

written correspondence for the following types of orders issued:

• Panoramic and Underwater Irradiator Licensees: These orders, for certain panoramic 

and underwater irradiator licensees that are authorized to possess more than 370 TBq 

(10,000 Ci) of radioactive material, require the implementation of compensatory 

measures and the protection of the licensee’s physical protection information as 

Safeguards Information - Modified Handling (SGI-M).

• Manufacturing and Distribution (M&D) Licensees: These orders, for certain M&D 

licensees, require the implementation of additional security measures and the protection 

of the licensee’s physical protection information as SGI-M.

• Licensees Transporting Radioactive Material in Quantities of Concern (RAMQC): 

These orders require the implementation of additional security measures and the 

protection of the licensee’s transportation security planning as SGI-M.
-2-

• Fingerprinting: Separate fingerprinting orders were issued for: (1) access to and 

protection of safeguards information (SGI) and SGI-M for those licensees that received 

security orders or possessed information that required protection; and (2) for unescorted 

access to radioactive material in quantities of concern.

The security orders described above are available on the NRC’s public Web site at

http://www.nrc.gov/security/byproduct/orders.html. Specific sections of the security orders for 

Panoramic and Underwater Irradiators, M&Ds, and RAMQC, that contain sensitive information or 

SGI-M, are not publicly available. The specific orders being rescinded are identified in 

Enclosure 2 to this letter. 

Once your State’s 10 CFR Part 37 requirements are in place, and the security orders referenced 

above rescinded, the SGI-M security orders issued to the licensees identified in Enclosure 1, as 

well as the security plans prepared pursuant to the orders, must be destroyed in accordance with

10 CFR 73.23(i) (Enclosure 4). The security plans required by these NRC orders include 

detailed SGI information that is not required to be included in security plans prepared for 

compliance with 10 CFR Part 37 requirements. Security plans prepared in preparation for 

compliance with your State’s 10 CFR Part 37 requirements should not contain the detailed SGI 

information required by NRC orders, but instead, should only include the information required by 

the 10 CFR Part 37 requirements. 

Because the NRC previously designated security plans for certain licensees, such as Panoramic 

Underwater Irradiators and M&Ds, as SGI-M, licensees may have security plans that were 

prepared in anticipation of your State’s 10 CFR Part 37 requirements that may be labelled SGI-M 

even though the plans do not contain the detailed SGI information required by the orders. The 

NRC recently modified its SGI-M regulations such that security plans for Panoramic Underwater 

Irradiators and M&Ds are no longer considered SGI-M (80 FR 3865). Therefore, licensees who 

have security plans prepared in preparation for 10 CFR Part 37 requirements that do not contain 

the same specific information that was included in the security plans required by the orders

(e.g., response times) but that are labelled SGI-M, should decontrol those security plans 

according to 10 CFR 73.23(h) (Enclosure 4) and protect the information pursuant to your State’s

Part 37 requirements.

Licensees should also be aware that documents marked as SGI-M must continue to be 

protected as SGI-M until they are destroyed or decontrolled. Additional information on the 

destruction or decontrolling of SGI is available in Section 9 of Regulatory Guide 5.79, ‘‘Protection 

of Safeguards Information.’’
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If you have specific questions or concerns regarding the rescission of NRC’s security orders, you 

may contact Kim Lukes (301-415-6701, Kim.Lukes@nrc.gov). 

Sincerely,

/RA/

Scott W. Moore, Acting Director

Office of Nuclear Material Safety 

 and Safeguards

Enclosures:

1. List of Applicable Materials Licensees 

2. Table of Specific Orders for Rescission

3. Reference List of State Effective Dates

4. 10 CFR 73.23 (h) and (i) Text
-3-

If you have specific questions or concerns regarding the rescission of NRC’s security orders, you 

may contact Kim Lukes (301-415-6701, Kim.Lukes@nrc.gov). 

Sincerely,

/RA/

Scott W. Moore, Acting Director

Office of Nuclear Material Safety 

 and Safeguards

Enclosures:

1. List of Applicable Materials Licensees 

2. Table of Specific Orders for Rescission

3. Reference List of State Effective Dates

4. 10 CFR 73.23 (h) and (i) Text

DISTRIBUTION:

See next page

ML16053A386

OFFICE NMSS/MSTR NMSS/MSTR NMSS/MSTR NMSS/MSTR

NAME MSmethers SAtack Via e-mail 

MBeardsley

DCollins

DATE 3/15/2016 3/24/2016 3/24/2016 4/06/2016

OFFICE OGC - NLO NMSS(TechEd) OE NMSS

NAME Via e-mail 

JOlmstead 

WMoore Via e-mail 

PHolahan

SMoore

DATE 4/01/2016 4/07/2016 4/12/2016 4/21/2016

OFFICIAL RECORD COPY
DISTRIBUTION: 

Agreement States:

Jared Thompson, Arkansas Department of Health

John Fassell, California Department of Health Services

Cynthia Becker, Florida Department of Health

Travis Cartoski, Georgia Environmental Protection Division

Gibb Vinson, Illinois Emergency Management Agency

Curt Pendergrass, Kentucky Department for Public Health

Richard Blackwell, Louisiana Department of Environmental Quality

Raymond Manley, Maryland Department of the Environment

Jack Priest, Massachusetts Department for Public Health

B.J. Smith, Mississippi State Department of Health 

Julia Schmitt, Nebraska Department of Health & Human Services

Augustinus Ong, New Hampshire Department of Health & Human Services

Catherine Biel, New Jersey Department of Environmental Protection

Michael Ortiz, New Mexico Environmental Department

Robert Dansereau, New York State Health Department

David Crowley, North Carolina Department of Health and Human Services

James Peterson, South Carolina Department of Health and Environmental Control

Charles Flynn, Texas Department of State Health Services

Bobby Janecka, Texas Commission of Environmental Quality

Paul Schmidt, Wisconsin Department of Health Services

NRC:

Melanie Galloway, NSIR

Tim Mossman, NSIR

Daniel Collins, NMSS

Paul Michalak, NMSS

James Trapp, Region I

Blake Welling, Region I

Donna Janda, Region I

Monica Ford, Region I

John Giessner, Region III

Aaron McCraw, Region III

Patricia Pelke, Region III

James Lynch, Region III

Mark Shaffer, Region IV

Ray Kellar, Region IV

Vivian Campbell, Region IV

Randy Erickson, Region IV

MSTR r/f
Enclosure 1

Applicable State Materials Licensees

License No.: NR-12345-67

Docket No.: 030-12345

John Doe Company, Inc.

123 Brick Road

Any City, ST 01234

Will appear with specific licensee information when mailed out. There will be a master list for 

internal purposes. 
Enclosure 2

Specific Orders Identified for Rescission, 

Effective Immediately

Fingerprinting – Access to Materials 

Issuance Date Order No. Order Description Recipients

10/17/2006

03/08/2007

06/05/2013

EA 06-248

EA 07-055

EA 13-041

Fingerprinting for access to materials Irradiator Order Recipients

10/17/2006

06/05/2013

EA 06-250

EA 12-194

Fingerprinting for access to materials M&D Order Recipients

10/17/2006 EA 06-249 Fingerprinting for access to materials RAMQC Order Recipients

Fingerprinting – Access to and Protection of Safeguards Information (SGI) 

Issuance Date Order No. Order Description Recipients

08/21/2006

10/04/2006

12/01/2006

06/05/2013

06/05/2013

EA 06-155

EA 06-242

EA 06-290

EA 12-193

EA 13-040

Order Imposing Fingerprinting 

Requirements for Access to SGI

Irradiator, M&D, or 

RAMQC Recipients

Irradiator Order

Issuance Date Order No. Order Description Recipients

06/06/2003

09/16/2005

11/09/2006

05/22/2007

06/05/2008

01/23/2014

EA 02-249

EA 05-129

EA 06-251

EA 07-002

EA 08-033

EA 13-241

Order Imposing Compensatory 

Measures for Panoramic and 

Underwater Irradiators Authorized to 

Possess Greater than 370 

TeraBecquerels (10,000 Curies) of 

Byproduct Material in the Form of

Sealed Sources

Licensees with Panoramic 

and Underwater Irradiators 

that are authorized to 

possess greater than 370 

TBq (10, 000 Ci) of 

radioactive material
- 2 -

M&D Order

Issuance Date Order No. Order Description Recipients

01/12/2004

09/16/2005

05/22/2007

10/29/2013

EA 03-225

EA 05-129M

EA 07-019

EA 13-189

Order Imposing Additional Security 

Measures to Manufacturing and 

Distribution Licensees

Licensees authorized to 

manufacture or initially 

transfer items containing 

radioactive material for 

sale or distribution

RAMQC (Transport) Order

Issuance Date Order No. Order Description Recipients

06/06/2003

05/22/2007

EA 05-006

EA 07-003

Order for Additional Security 

Measures on the Transportation of 

Radioactive Material Quantities of 

Concern

Licensees authorized to 

possess and transfer items 

containing radioactive 

material quantities of 

concern
Enclosure 3

State Effective Dates

State Effective Date

Arkansas 3/01/2016

California 3/19/2016

Florida 3/01/2016

Georgia 3/19/2016

Illinois 2/26/2016

Kentucky 2/05/2016

Louisiana 11/20/2015

Maryland 3/04/2016

Massachusetts 2/26/2016

Mississippi 3/19/2016

Nebraska 3/19/2016

New Hampshire 3/10/2016

New Jersey 3/19/2016

New Mexico 3/11/2016

New York 3/18/2016

North Carolina 3/01/2016

South Carolina 3/19/2016

Texas 3/01/2016

Wisconsin 2/01/2016
Enclosure 4

10 CFR 73.23 (h) and (i) Text 

(h) Removal from Safeguards Information-Modified Handling category. Documents or other 

matter originally containing Safeguards Information designated as Safeguards 

Information-Modified Handling must be removed from the Safeguards Information category at 

such time as the information no longer meets the criteria contained in this Part. Care must be 

exercised to ensure that any document or other matter decontrolled shall not disclose 

Safeguards Information in some other form or be combined with other unprotected information to 

disclose Safeguards Information. The authority to determine that a document or other matter 

may be decontrolled will only be exercised by the U.S Nuclear Regulatory Commission (NRC), 

with NRC approval, or in consultation with the individual or organization that made the original 

determination.

(i) Destruction of matter containing Safeguards Information designated as Safeguards 

Information-Modified Handling. Documents or other matter containing Safeguards Information 

shall be destroyed when no longer needed. The information can be destroyed by burning, 

shredding, or any other method that precludes reconstruction by means available to the public at 

large. Piece sizes no wider than one quarter inch composed of several pages or documents and 

thoroughly mixed are considered completely destroyed.

Note: For additional guidance on destroying or decontrolling Safeguards Information, please 

see Section 9 of the U.S. Nuclear Regulatory Commission Regulatory Guide 5.79, ‘‘Protection of 

Safeguards Information.’’

(Link: http://pbadupws.nrc.gov/docs/ML1032/ML103270219.pdf)