Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12213 

1Attachment 1 contains sensitive information 

and will not be released to the public. 

2Person means (1) any individual, corporation, 

partnership, firm, association, trust, estate, public 

or private institution, group, government agency 

other than the Commission or the Department, 

except that the Department shall be considered a 

person with respect to those facilities of the 

Department specified in section 202 of the Energy 

Reorganization Act of 1974 (88 Stat. 1244), any 

State or any political subdivision of, or any political 

entity within a State, any foreign government or 

nation or any political subdivision of any such 

government or nation, or other entity; and (2) any 

legal successor, representative, agent, or agency of 

the foregoing. 

NUCLEAR REGULATORY 

COMMISSION 

[EA–07–050] 

In The Matter Of All Licensees Who 

Possess Radioactive Material In 

Quantities Of Concern And All Other 

Persons Who Obtain Safeguards 

Information Described Herein; Order 

Imposing Requirements for the 

Protection of Certain Safeguards 

Information (Effective Immediately) 

The Licensees, identified in 

Attachment 1 1 to this Order, are 

applicants for or hold licenses issued in 

accordance with the Atomic Energy Act 

of 1954, by the U.S. Nuclear Regulatory 

Commission (NRC or Commission) or an 

Agreement State, authorizing them to 

possess, use, and transfer items 

containing radioactive material 

quantities of concern. NRC intends to 

issue security Orders to these licensees 

in the near future. Orders will be issued 

to both NRC and Agreement State 

materials licensees who may possess or 

transfer radioactive material quantities 

of concern. The Orders will require 

compliance with specific Compensatory 

Measures to enhance the security for 

certain radioactive material quantities of 

concern. The NRC will issue Orders to 

both NRC and Agreement State 

licensees under its authority to protect 

the common defense and security, 

which has not been relinquished to the 

Agreement States. The Commission has 

determined that these documents will 

contain Safeguards Information, will not 

be released to the public, and must be 

protected from unauthorized disclosure. 

Therefore, the Commission is imposing 

the requirements, as set forth in 

Attachments 2 and 3 to this Order and 

in Order EA–07–051, so that affected 

Licensees can receive these documents. 

This Order also imposes requirements 

for the protection of Safeguards 

Information in the hands of any person,2

whether or not a licensee of the 

Commission, who produces, receives, or 

acquires Safeguards Information. 

II 

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 transfer of special nuclear 

material, source material, and byproduct 

material. Licensees and all persons who 

produce, receive, or acquire Safeguards 

Information 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 

Attachments 2 and 3 to this Order. The 

Commission hereby provides notice that 

it intends to treat violations of the 

requirements contained in Attachments 

2 and 3 to this Order 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 the need-to-know 

the information, are considered to be 

trustworthy and reliable, and meet the 

requirements of Order EA–07–051. 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. 

Licensees and all other persons who 

obtain Safeguards Information must 

ensure that they develop, maintain and 

implement strict policies and 

procedures for the proper handling of 

Safeguards Information to prevent 

unauthorized disclosure, in accordance 

with the requirements in Attachments 2 

and 3 to this Order. All licensees must 

ensure that all contractors whose 

employees may have access to 

Safeguards Information either adhere to 

the licensee’s policies and procedures 

on Safeguards Information or develop, 

maintain and implement their own 

acceptable policies and procedures. The 

licensees remain responsible for the 

conduct of their contractors. The 

policies and procedures necessary to 

ensure compliance with applicable 

requirements contained in Attachments 

2 and 3 to this Order must address, at 

a minimum, the following: the general 

performance requirement that each 

person who produces, receives, or 

acquires Safeguards Information shall 

ensure that Safeguards Information is 

protected against unauthorized 

disclosure; protection of Safeguards 

Information at fixed sites, in use and in 

storage, and while in transit; 

correspondence containing Safeguards 

Information; access to Safeguards 

Information; preparation, marking, 

reproduction and destruction of 

documents; external transmission of 

documents; use of automatic data 

processing systems; removal of the 

Safeguards Information category; the 

need-to-know the information; and 

background checks to determine access 

to the information. 

In order to provide assurance that the 

licensees are implementing prudent 

measures to achieve a consistent level of 

protection to prohibit the unauthorized 

disclosure of Safeguards Information, all 

licensees who hold licenses issued by 

the NRC or an Agreement State 

authorizing them to possess and who 

may transport items containing 

radioactive material quantities of 

concern shall implement the 

requirements identified in Attachments 

2 and 3 to this Order. The Commission 

recognizes that licensees may have 

already initiated many of the measures 

set forth in Attachments 2 and 3 to this 

Order for handling of Safeguards 

Information in conjunction with current 

NRC license requirements or previous 

NRC Orders. Additional measures set 

forth in Attachments 2 and 3 to this 

Order should be incorporated into the 

licensee’s current program for 

Safeguards Information. 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, 

147, 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, 10 CFR part 32, 10 CFR part 35, 

and 10 CFR part 70, it is hereby ordered, 

effective immediately, that all licensees 

identified in attachment 1 to this order 

and all other persons who produce, 

receive, or acquire the additional 

security measures identified above 

(whether draft or final) or any related 

safeguards information shall comply 

with the requirements of attachments 2 

and 3 to this order. 

The Director, Office of Federal and 

State Materials and Environmental 

Management Programs, may, in writing, 


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relax or rescind any of the above 

conditions upon demonstration of good 

cause by the licensee. 

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 

Nuclear Material Safety and Safeguards, 

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 delays 

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 hearingdocket@nrc.gov 

and also to the Office of the General 

Counsel either by means of facsimile 

transmission to 301–415–3725 or by email 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 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 this 8th day of March 2007. 

For The Nuclear Regulatory Commission. 

Charles L. Miller, 

Director, Office of Federal and State Materials 

and Environmental Management Programs. 

Attachment 1: List of Applicable 

Materials Licensees Redacted. 

Attachment 2: Modified Handling 

Requirements for the Protection of 

Certain Safeguards Information (SGI–

M). 

Modified Handling Requirements for 

the Protection of Certain Safeguards 

Information (SGI–M). 

General Requirement 

Information and material that the U.S. 

Nuclear Regulatory Commission (NRC) 

determines are safeguards information 

must be protected from unauthorized 

disclosure. In order to distinguish 

information needing modified 

protection requirements from the 

safeguards information for reactors and 

fuel cycle facilities that require a higher 

level of protection, the term ‘‘Safeguards 

Information-Modified Handling’’ (SGI–

M) is being used as the distinguishing 

marking for certain materials licensees. 

Each person who produces, receives, or 

acquires SGI–M shall ensure that it is 

protected against unauthorized 

disclosure. To meet this requirement, 

licensees and persons shall establish 

and maintain an information protection 

system that includes the measures 

specified below. Information protection 

procedures employed by state and local 

police forces are deemed to meet these 

requirements. 

Persons Subject to These Requirements 

Any person, whether or not a licensee 

of the NRC, who produces, receives, or 

acquires SGI–M is subject to the 

requirements (and sanctions) of this 

document. Firms and their employees 

that supply services or equipment to 

materials licensees would fall under this 

requirement if they possess facility SGI–

M. A licensee must inform contractors 

and suppliers of the existence of these 

requirements and the need for proper 

protection. (See more under Conditions 

for Access.) 

State or local police units who have 

access to SGI–M are also subject to these 

requirements. However, these 

organizations are deemed to have 

adequate information protection 

systems. The conditions for transfer of 

information to a third party, i.e., needto-know, would still apply to the police 

organization as would sanctions for 

unlawful disclosure. Again, it would be 

prudent for licensees who have 

arrangements with local police to advise 

them of the existence of these 

requirements. 

Criminal and Civil Sanctions 

The Atomic Energy Act of 1954, as 

amended, explicitly provides that any 

person, ‘‘whether or not a licensee of the 

Commission, who violates any 

regulations adopted under this section 

shall be subject to the civil monetary 

penalties of section 234 of this Act.’’

Furthermore, willful violation of any 

regulation or order governing safeguards 

information is a felony subject to 

criminal penalties in the form of fines 

or imprisonment, or both. See sections 

147b. and 223 of the Act. 

Conditions for Access 

Access to SGI–M beyond the initial 

recipients of the order will be governed 

by the background check requirements 

imposed by the order. Access to SGI–M 

by licensee employees, agents, or 

contractors must include both an 

appropriate need-to-know 

determination by the licensee, as well as 

a determination concerning the 

trustworthiness of individuals having 

access to the information. Employees of 

an organization affiliated with the 

licensee’s company, e.g., a parent 

company, may be considered as 

employees of the licensee for access 

purposes. 

Need-to-Know 

Need-to-know is defined as a 

determination by a person having 

responsibility for protecting SGI–M that 

a proposed recipient’s access to SGI–M 

is necessary in the performance of 

official, contractual, or licensee duties 


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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12215 

of employment. The recipient should be 

made aware that the information is SGI–

M and those having access to it are 

subject to these requirements as well as 

criminal and civil sanctions for 

mishandling the information. 

Occupational Groups 

Dissemination of SGI–M is limited to 

individuals who have an established 

need-to-know and who are members of 

certain occupational groups. These 

occupational groups are: 

A. An employee, agent, or contractor 

of an applicant, a licensee, the 

Commission, or the United States 

Government; 

B. A member of a duly authorized 

committee of the Congress; 

C. The Governor of a State or his 

designated representative; 

D. A representative of the 

International Atomic Energy Agency 

(IAEA) engaged in activities associated 

with the U.S./IAEA Safeguards 

Agreement who has been certified by 

the NRC; 

E. A member of a state or local law 

enforcement authority that is 

responsible for responding to requests 

for assistance during safeguards 

emergencies; 

F. A person to whom disclosure is 

ordered pursuant to Section 2.744(e) of 

Part 2 of Part 10 of the Code of Federal 

Regulations; or, 

G. State Radiation Control Program 

Directors (and State Homeland Security 

Directors) or their designees. 

In a generic sense, the individuals 

described above in (A) through (G) are 

considered to be trustworthy by virtue 

of their employment status. For nongovernmental individuals in group (A) 

above, a determination of reliability and 

trustworthiness is required. Discretion 

must be exercised in granting access to 

these individuals. If there is any 

indication that the recipient would be 

unwilling or unable to provide proper 

protection for the SGI–M, they are not 

authorized to receive SGI–M. 

Information Considered for Safeguards 

Information Designation 

Information deemed SGI–M is 

information the disclosure of which 

could reasonably be expected to have a 

significant adverse effect on the health 

and safety of the public or the common 

defense and security by significantly 

increasing the likelihood of theft, 

diversion, or sabotage of materials or 

facilities subject to NRC jurisdiction. 

SGI–M identifies safeguards 

information which is subject to these 

requirements. These requirements are 

necessary in order to protect quantities 

of nuclear material significant to the 

health and safety of the public or 

common defense and security. 

The overall measure for consideration 

of SGI–M is the usefulness of the 

information (security or otherwise) to an 

adversary in planning or attempting a 

malevolent act. The specificity of the 

information increases the likelihood 

that it will be useful to an adversary. 

Protection While in Use 

While in use, SGI–M shall be under 

the control of an authorized individual. 

This requirement is satisfied if the SGI–

M is attended by an authorized 

individual even though the information 

is in fact not constantly being used. 

SGI–M, therefore, within alarm stations, 

continuously manned guard posts or 

ready rooms need not be locked in file 

drawers or storage containers. 

Under certain conditions the general 

control exercised over security zones or 

areas would be considered to meet this 

requirement. The primary consideration 

is limiting access to those who have a 

need-to-know. Some examples would 

be: 

Alarm stations, guard posts and guard 

ready rooms; 

Engineering or drafting areas if visitors are 

escorted and information is not clearly 

visible; 

Plant maintenance areas if access is 

restricted and information is not clearly 

visible; 

Administrative offices (e.g., central records 

or purchasing) if visitors are escorted and 

information is not clearly visible. 

Protection While in Storage 

While unattended, SGI–M shall be 

stored in a locked file drawer or 

container. Knowledge of lock 

combinations or access to keys 

protecting SGI–M shall be limited to a 

minimum number of personnel for 

operating purposes who have a ‘‘needto-know’’ and are otherwise authorized 

access to SGI–M in accordance with 

these requirements. Access to lock 

combinations or keys shall be strictly 

controlled so as to prevent disclosure to 

an unauthorized individual. 

Transportation of Documents and Other 

Matter 

Documents containing SGI–M when 

transmitted outside an authorized place 

of use or storage shall be enclosed in 

two sealed envelopes or wrappers. The 

inner envelope or wrapper shall contain 

the name and address of the intended 

recipient, and be marked both sides, top 

and bottom with the words ‘‘Safeguards 

Information—Modified Handling.’’ The 

outer envelope or wrapper must be 

addressed to the intended recipient, 

must contain the address of the sender, 

and must not bear any markings or 

indication that the document contains 

SGI–M. 

SGI–M may be transported by any 

commercial delivery company that 

provides nationwide overnight service 

with computer tracking features, U.S. 

first class, registered, express, or 

certified mail, or by any individual 

authorized access pursuant to these 

requirements. 

Within a facility, SGI–M may be 

transmitted using a single opaque 

envelope. It may also be transmitted 

within a facility without single or 

double wrapping, provided adequate 

measures are taken to protect the 

material against unauthorized 

disclosure. Individuals transporting 

SGI–M should retain the documents in 

their personal possession at all times or 

ensure that the information is 

appropriately wrapped and also secured 

to preclude compromise by an 

unauthorized individual. 

Preparation and Marking of Documents 

While the NRC is the sole authority 

for determining what specific 

information may be designated as ‘‘SGI–

M,’’ originators of documents are 

responsible for determining whether 

those documents contain such 

information. Each document or other 

matter that contains SGI–M shall be 

marked ‘‘Safeguards Information—

Modified Handling’’ in a conspicuous 

manner on the top and bottom of the 

first page to indicate the presence of 

protected information. The first page of 

the document must also contain (i) the 

name, title, and organization of the 

individual authorized to make a SGI–M 

determination, and who has determined 

that the document contains SGI–M, (ii) 

the date the document was originated or 

the determination made, (iii) an 

indication that the document contains 

SGI–M, and (iv) an indication that 

unauthorized disclosure would be 

subject to civil and criminal sanctions. 

Each additional page shall be marked in 

a conspicuous fashion at the top and 

bottom with letters denoting 

‘‘Safeguards Information—Modified 

Handling.’’

In addition to the ‘‘Safeguards 

Information—Modified Handling’’

markings at the top and bottom of each 

page, transmittal letters or memoranda 

which do not in themselves contain 

SGI–M shall be marked to indicate that 

attachments or enclosures contain SGI–

M but that the transmittal does not (e.g., 

‘‘When separated from SGI–M 

enclosure(s), this document is 

decontrolled’’). 

In addition to the information 

required on the face of the document, 

each item of correspondence that 


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contains SGI–M shall, by marking or 

other means, clearly indicate which 

portions (e.g., paragraphs, pages, or 

appendices) contain SGI–M and which 

do not. Portion marking is not required 

for physical security and safeguards 

contingency plans. 

All documents or other matter 

containing SGI–M in use or storage shall 

be marked in accordance with these 

requirements. A specific exception is 

provided for documents in the 

possession of contractors and agents of 

licensees that were produced more than 

one year prior to the effective date of the 

order. Such documents need not be 

marked unless they are removed from 

file drawers or containers. The same 

exception applies to old documents 

stored away from the facility in central 

files or corporation headquarters. 

Since information protection 

procedures employed by state and local 

police forces are deemed to meet NRC 

requirements, documents in the 

possession of these agencies need not be 

marked as set forth in this document. 

Removal From SGI–M Category 

Documents containing SGI–M shall be 

removed from the SGI–M category 

(decontrolled) only after the NRC 

determines that the information no 

longer meets the criteria of SGI–M. 

Licensees have the authority to make 

determinations that specific documents 

which they created no longer contain 

SGI–M information and may be 

decontrolled. Consideration must be 

exercised to ensure that any document 

decontrolled shall not disclose SGI–M 

in some other form or be combined with 

other unprotected information to 

disclose SGI–M. 

The authority to determine that a 

document may be decontrolled may be 

exercised only by, or with the 

permission of, the individual (or office) 

who made the original determination. 

The document shall indicate the name 

and organization of the individual 

removing the document from the SGI–

M category and the date of the removal. 

Other persons who have the document 

in their possession should be notified of 

the decontrolling of the document. 

Reproduction of Matter Containing 

SGI–M 

SGI–M may be reproduced to the 

minimum extent necessary consistent 

with need without permission of the 

originator. Newer digital copiers which 

scan and retain images of documents 

represent a potential security concern. If 

the copier is retaining SGI–M 

information in memory, the copier 

cannot be connected to a network. It 

should also be placed in a location that 

is cleared and controlled for the 

authorized processing of SGI–M 

information. Different copiers have 

different capabilities, including some 

which come with features that allow the 

memory to be erased. Each copier would 

have to be examined from a physical 

security perspective. 

Use of Automatic Data Processing 

(ADP) Systems 

SGI–M may be processed or produced 

on an ADP system provided that the 

system is assigned to the licensee’s or 

contractor’s facility and requires the use 

of an entry code/password for access to 

stored information. Licensees are 

encouraged to process this information 

in a computing environment that has 

adequate computer security controls in 

place to prevent unauthorized access to 

the information. An ADP system is 

defined here as a data processing system 

having the capability of long term 

storage of SGI–M. Word processors such 

as typewriters are not subject to the 

requirements as long as they do not 

transmit information off-site. (Note: if 

SGI–M is produced on a typewriter, the 

ribbon must be removed and stored in 

the same manner as other SGI–M 

information or media.) The basic 

objective of these restrictions is to 

prevent access and retrieval of stored 

SGI–M by unauthorized individuals, 

particularly from remote terminals. 

Specific files containing SGI–M will be 

password protected to preclude access 

by an unauthorized individual. The 

National Institute of Standards and 

Technology (NIST) maintains a listing of 

all validated encryption systems at 

http://csrc.nist.gov/cryptval/140-1/ 

1401val.htm. SGI–M files may be 

transmitted over a network if the file is 

encrypted. In such cases, the licensee 

will select a commercially available 

encryption system that NIST has 

validated as conforming to Federal 

Information Processing Standards 

(FIPS). SGI–M files shall be properly 

labeled as ‘‘Safeguards Information—

Modified Handling’’ and saved to 

removable media and stored in a locked 

file drawer or cabinet. 

Telecommunications 

SGI–M may not be transmitted by 

unprotected telecommunications 

circuits except under emergency or 

extraordinary conditions. For the 

purpose of this requirement, emergency 

or extraordinary conditions are defined 

as any circumstances that require 

immediate communications in order to 

report, summon assistance for, or 

respond to a security event (or an event 

that has potential security significance). 

This restriction applies to telephone, 

telegraph, teletype, facsimile circuits, 

and to radio. Routine telephone or radio 

transmission between site security 

personnel, or between the site and local 

police, should be limited to message 

formats or codes that do not disclose 

facility security features or response 

procedures. Similarly, call-ins during 

transport should not disclose 

information useful to a potential 

adversary. Infrequent or non-repetitive 

telephone conversations regarding a 

physical security plan or program are 

permitted provided that the discussion 

is general in nature. 

Individuals should use care when 

discussing SGI–M at meetings or in the 

presence of others to ensure that the 

conversation is not overheard by 

persons not authorized access. 

Transcripts, tapes or minutes of 

meetings or hearings that contain SGI–

M shall be marked and protected in 

accordance with these requirements. 

Destruction 

Documents containing SGI–M should 

be destroyed when no longer needed. 

They may be destroyed by tearing into 

small pieces, burning, shredding or any 

other method that precludes 

reconstruction by means available to the 

public at large. Piece sizes one half inch 

or smaller composed of several pages or 

documents and thoroughly mixed 

would be considered completely 

destroyed. 

Attachment 3: Trustworthy and 

Reliability Requirements for Individuals 

Handling Safeguards Information. 

In order to ensure the safe handling, 

use, and control of information 

designated as Safeguards Information, 

each licensee shall control and limit 

access to the information to only those 

individuals who have established the 

need-to-know the information, and are 

considered to be trustworthy and 

reliable. Licensees shall document the 

basis for concluding that there is 

reasonable assurance that individuals 

granted access to Safeguards 

Information are trustworthy and 

reliable, and do not constitute an 

unreasonable risk for malevolent use of 

the information. 

The Licensee shall comply with the 

requirements of this attachment: 

8. The trustworthiness and reliability 

of an individual shall be determined 

based on a background investigation: 

(a) The background investigation shall 

address at least the past 3 years, and, at 

a minimum, include verification of 

employment, education, and personal 

references. The licensee shall also, to 

the extent possible, obtain independent 

information to corroborate that provided 


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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12217 

by the employee (i.e., seeking references 

not supplied by the individual). 

(b) If an individual’s employment has 

been less than the required 3-year 

period, educational references may be 

used in lieu of employment history. 

The licensee’s background 

investigation requirements may be 

satisfied for an individual that has an 

active Federal security clearance. 

9. The licensee shall retain 

documentation regarding the 

trustworthiness and reliability of 

individual employees for 3 years after 

the individual’s employment ends. 

[FR Doc. E7–4753 Filed 3–14–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Notice of Availability of Model 

Application Concerning Technical 

Specification Improvement Regarding 

Deletion of E Bar Definition and 

Revision to Reactor Coolant System 

Specific Activity Technical 

Specification Using the Consolidated 

Line Item Improvement Process 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Availability. 

SUMMARY: Notice is hereby given that 

the staff of the U. S. Nuclear Regulatory 

Commission (NRC) has prepared a 

model license amendment request 

(LAR), model safety evaluation (SE), and 

model proposed no significant hazards 

consideration (NSHC) determination 

related to deletion of the E Bar 

definition and revision to reactor 

coolant system (RCS) specific activity 

technical specification. This request 

revises the RCS specific activity 

specification for pressurized water 

reactors to utilize a new indicator, Dose 

Equivalent Xenon-133 instead of the 

current indicator known as E Bar. 

The purpose of these models is to 

permit the NRC staff to efficiently 

process amendments to incorporate 

these changes into plant-specific 

technical specifications (TS) for 

Babcock and Wilcox, Westinghouse, and 

Combustion Engineering pressurized 

water reactors (PWRs). Licensees of 

nuclear power reactors to which the 

models apply can request amendments 

conforming to the models. In such a 

request, a licensee should confirm the 

applicability of the model LAR, model 

SE and NSHC determination to its plant. 

DATES: The NRC staff issued a Federal 

Register Notice (71 FR 67170, November 

20, 2006) which provided a model LAR, 

model SE, and model NSHC related to 

deletion of E Bar definition and revision 

to RCS specific activity technical 

specification; similarly the NRC staff 

herein provides a revised model LAR, a 

revised model SE, and a revised model 

NSHC. The NRC staff can most 

efficiently consider applications based 

upon the model LAR, which references 

the model SE, if the application is 

submitted within one year of this 

Federal Register Notice. 

FOR FURTHER INFORMATION CONTACT: 

Trent Wertz, Mail Stop: O–12H2, 

Division of Inspection and Regional 

Support, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, telephone (301) 415–1568. 

SUPPLEMENTARY INFORMATION: 

Background 

Regulatory Issue Summary 2000–06, 

‘‘Consolidated Line Item Improvement 

Process (CLIIP) for Adopting Standard 

Technical Specifications Changes for 

Power Reactors,’’ was issued on March 

20, 2000. The CLIIP is intended to 

improve the efficiency and transparency 

of NRC licensing processes. This is 

accomplished by processing proposed 

changes to the Standard Technical 

Specifications (STS) in a manner that 

supports subsequent license amendment 

applications. The CLIIP includes an 

opportunity for the public to comment 

on proposed changes to the STS 

following a preliminary assessment by 

the NRC staff and finding that the 

change will likely be offered for 

adoption by licensees. The CLIIP directs 

the NRC staff to evaluate any comments 

received for a proposed change to the 

STS and to either reconsider the change 

or proceed with announcing the 

availability of the change for proposed 

adoption by licensees. Those licensees 

opting to apply for the subject change to 

TSs are responsible for reviewing the 

NRC staff’s evaluation, referencing the 

applicable technical justifications, and 

providing any necessary plant-specific 

information. Each amendment 

application made in response to the 

notice of availability will be processed 

and noticed in accordance with 

applicable NRC rules and procedures. 

This notice involves replacement of 

the current PWR TS 3.4.16 limit on RCS 

gross specific activity with a new limit 

on RCS noble gas specific activity. The 

noble gas specific activity limit would 

be based on a new dose equivalent Xe133 (DEX) definition that would replace 

the current E Bar average disintegration 

energy definition. In addition, the 

current dose equivalent I–131 (DEI) 

definition would be revised to allow the 

use of additional thyroid dose 

conversion factors (DCFs). By letter 

dated September 13, 2005, the 

Technical Specification Task Force 

(TSTF) proposed these changes for 

incorporation into the STS as TSTF–

490, Revision 0, which was referenced 

in the Federal Register Notice (FRN) 71 

FR 67170, of November 20, 2006, and 

can be viewed on the NRC’s Web page 

at http://www.nrc.gov/reactors/ 

operating/licensing/techspecs.html. 

Applicability 

These proposed changes will revise 

the definition of DOSE EQUIVALENT I–

131, delete the definition of ‘‘E Bar,’’

AVERAGE DISINTEGRATION ENERGY, 

add a new definition for DOSE 

EQUIVALENT XE–133, and revise LCO 

3.4.16 for Babcock and Wilcox, 

Westinghouse, and Combustion 

Engineering PWRs. 

To efficiently process the incoming 

license amendment applications, the 

NRC staff requests that each licensee 

applying for the changes addressed by 

TSTF–490, Revision 0, using the CLIIP 

submit an LAR that adheres to the 

following model. Any variations from 

the model LAR should be explained in 

the licensee’s submittal. Variations from 

the approach recommended in this 

notice may require additional review by 

the NRC staff, and may increase the time 

and resources needed for the review. 

Significant variations from the 

approach, or inclusion of additional 

changes to the license, will result in 

staff rejection of the submittal. Instead, 

licensees desiring significant variations 

and/or additional changes should 

submit a LAR that does not claim to 

adopt TSTF–490. 

Public Notices 

The staff issued a Federal Register 

Notice (71 FR 67170, November 20, 

2006) that requested public comment on 

the NRC’s pending action to delete the 

E Bar definition and revise the RCS 

specific activity technical specification. 

In particular, following an assessment 

and draft safety evaluation by the NRC 

staff, the staff sought public comment 

on proposed changes to the STS, 

designated TSTF–490 Revision 0. The 

TSTF–490 Revision 0 can be viewed on 

the NRC’s Web page at http:// 

www.nrc.gov/reactors/operating/ 

licensing/techspecs.html. TSTF–490 

Revision 0 may be examined, and/or 

copied for a fee, at the NRC Public 

Document Room, located at One White 

Flint North, 11555 Rockville Pike (first 

floor), Rockville, Maryland. Publicly 

available records are accessible 

electronically from the ADAMS Public 

Library component on the NRC Web 

site, (the Electronic Reading Room) at 


rmajette on PROD1PC67 with NOTICES