49714 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

1Attachment 1 contains sensitive information 

and will not be released to the public. 

2Attachment 2 contains some requirements that 

are SAFEGUARDS INFORMATION, and cannot be 

released to the public. The remainder of the 

requirements contained in Attachment 2 that are 

not SAFEGUARDS INFORMATION will be released 

to the public. 

equipment and facilities that they use to 

establish the video teleconferencing 

link. The availability of video 

teleconferencing services is not 

guaranteed. 

Dated: August 18, 2008. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E8–19485 Filed 8–21–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[ EA–08–212] 

In the Matter of; All Licensees 

Authorized To Manufacture or Initially 

Transfer Items Containing Radioactive 

Material for Sale or Distribution and 

Possess High-Risk Radioactive 

Material of Concern; Order Imposing 

Additional Security Measures 

(Effective Immediately) 

I 

The Licensees identified in 

Attachment 1 1 to this Order hold 

licenses issued in accordance with the 

Atomic Energy Act of 1954, as amended, 

by the U.S. Nuclear Regulatory 

Commission (NRC or Commission) or an 

Agreement State authorizing them to 

manufacture or initially transfer items 

containing radioactive material for sale 

or distribution. Commission regulations 

at 10 CFR 20.1801 or equivalent 

Agreement State regulations require 

Licensees to secure, from unauthorized 

removal or access, licensed materials 

that are stored in controlled or 

unrestricted areas. Commission 

regulations at 10 CFR 20.1802 or 

equivalent Agreement State regulations 

require Licensees to control and 

maintain constant surveillance of 

licensed material that is in a controlled 

or unrestricted area and that is not in 

storage. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, N.Y., 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 its Licensees in order to 

strengthen Licensees’ capabilities and 

readiness to respond to a potential 

attack on a nuclear facility. 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 security 

measures at licensed facilities. In 

addition, the Commission has been 

conducting a review of its safeguards 

and security programs and 

requirements. 

As a result of its consideration of 

current safeguards and license 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

determined that certain additional 

security measures are required to be 

implemented by Licensees as prudent 

measures to address the current threat 

environment. Therefore, the 

Commission is imposing the 

requirements set forth in Attachment 2 2

on certain Manufacturing and 

Distribution Licensees identified in 

Attachment 1 of this Order who 

currently possess, or have near term 

plans to possess, high-risk radioactive 

material of concern. These 

requirements, which supplement 

existing regulatory requirements, will 

provide the Commission with 

reasonable assurance that the public 

health and safety and common defense 

and security continue to be adequately 

protected in the current threat 

environment. Attachment 3 of this 

Order contains the requirements for 

fingerprinting and criminal history 

record checks for individuals when a 

licensee’s reviewing official is 

determining access to Safeguards 

Information or unescorted access to the 

radioactive materials. These 

requirements will remain in effect until 

the Commission determines otherwise. 

The Commission concludes that the 

security measures must be embodied in 

an Order consistent with the established 

regulatory framework. Furthermore, the 

Commission has determined that some 

of the security measures contained in 

Attachment 2 of this Order contain 

Safeguards Information and will not be 

released to the public as per the NRC’s 

‘‘Order Imposing Requirements for the 

Protection of Certain Safeguards 

Information’’ (EA–08–161), regarding 

the protection of Safeguards 

Information. The Commission hereby 

provides notice that it intends to treat 

all violations of the requirements 

contained in Attachment 2 to the NRC’s 

‘‘Order Imposing Requirements for the 

Protection of Certain Safeguards 

Information’’ (EA–08–161), 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 a need-to-know 

the information, are considered to be 

trustworthy and reliable, have been 

fingerprinted and undergone a Federal 

Bureau of Investigation (FBI) 

identification and criminal history 

records check in accordance with the 

NRC’s ‘‘Order Imposing Fingerprinting 

and Criminal History Records Check 

Requirements for Access to Safeguards 

Information’’ (EA–08–162). A need-toknow 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. 

Individuals who have been 

fingerprinted and granted access to 

Safeguards Information by the reviewing 

official under the NRC’s ‘‘Order 

Imposing Fingerprinting and Criminal 

History Records Check Requirements for 

Access to Safeguards Information’’ (EA–

08–162) do not need to be fingerprinted 

again for purposes of being considered 

for unescorted access. 

This Order also requires that a 

reviewing official must consider the 

results of the Federal Bureau of 

Investigations criminal history records 

check in conjunction with other 

applicable requirements to determine 

whether an individual may be granted 

or allowed continued unescorted access. 

The reviewing official may be one that 

has previously been approved by NRC 

in accordance with the ‘‘Order Imposing 

Fingerprinting and Criminal History 

Records Check Requirements for Access 

to Safeguards Information’’ (EA–08–

162). Licensees may nominate 

additional reviewing officials for 

making unescorted access 

determinations in accordance with NRC 

Orders EA–08–162. The nominated 

reviewing officials must have access to 

Safeguards Information or require 

unescorted access to the radioactive 

material as part of their job duties. 

To provide assurance that Licensees 

are implementing prudent measures to 

achieve a consistent level of protection 

to address the current threat 

environment, Manufacturing and 

Distribution Licensees identified in 

Attachment 1 to this Order shall 

implement the requirements identified 

in Attachments 2 and 3 to this Order. In 

addition, pursuant to 10 CFR 2.202, I 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 49715 

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, 149, 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, and 10 CFR Part 32, it is hereby 

ordered, effective immediately, that all 

licensees identified in Attachment 1 to 

this order shall comply with the 

requirements of this order as follows: 

A. The Licensee shall, 

notwithstanding the provisions of any 

Commission or Agreement State 

regulation or license to the contrary, 

comply with the requirements described 

in Attachments 2 and 3 to this Order. 

The Licensee shall immediately start 

implementation of the requirements in 

Attachments 2 and 3 to the Order and 

shall complete implementation by 

February 10, 2009, or the first day that 

radionuclides of concern at or above 

threshold limits (i.e., high-risk 

radioactive material), also identified in 

Attachment 2, are possessed, whichever 

is later. 

B.1. The Licensee shall, within twenty 

(20) days of the date of this Order, notify 

the Commission, (1) if it is unable to 

comply with any of the requirements 

described in Attachments 2 or 3, (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 or Agreement State 

regulation or its license. The 

notification shall provide the Licensee’s 

justification for seeking relief from or 

variation of any specific requirement. 

2. If the Licensee considers that 

implementation of any of the 

requirements described in Attachments 

2 or 3 to this Order would adversely 

impact safe operation of the facility, the 

Licensee 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 Attachments 2 or 

3 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. In accordance with the NRC’s 

‘‘Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Access to Safeguards 

Information’’ (EA–08–162) only the 

NRC-approved reviewing official shall 

review results from an FBI criminal 

history records check. The licensee may 

use a reviewing official previously 

approved by the NRC as its reviewing 

official for determining access to 

Safeguards Information or the licensee 

may nominate another individual 

specifically for making unescorted 

access to radioactive material 

determinations, using the process 

described in EA–08–162. The reviewing 

official must have access to Safeguards 

Information or require unescorted 

access to the radioactive material as part 

of their job duties. The reviewing 

official shall determine whether an 

individual may have, or continue to 

have, unescorted access to radioactive 

materials that equal or exceed the 

quantities in Attachment 2 to this Order. 

Fingerprinting and the FBI 

identification and criminal history 

records check are not required for 

individuals exempted from 

fingerprinting requirements under 10 

CFR 73.61 [72 FR 4945 (February 2, 

2007)]. In addition, individuals who 

have a favorably decided U.S. 

Government criminal history records 

check within the last five (5) years, or 

have an active federal security clearance 

(provided in each case that the 

appropriate documentation is made 

available to the Licensee’s reviewing 

official), have satisfied the Atomic 

Energy Act of 1954, as amended, 

fingerprinting requirement and need not 

be fingerprinted again for purposes of 

being considered for unescorted access. 

2. No person may have access to 

Safeguards Information or unescorted 

access to radioactive materials if the 

NRC has determined, in accordance 

with its administrative review process 

based on fingerprinting and an FBI 

identification and criminal history 

records check, either that the person 

may not have access to Safeguards 

Information or that the person may not 

have unescorted access to a utilization 

facility or radioactive material or other 

property subject to regulation by the 

NRC. 

D. Fingerprints shall be submitted and 

reviewed in accordance with the 

procedures described in Attachment 3 

to this Order. Individuals who have 

been fingerprinted and granted access to 

Safeguards Information by the reviewing 

official under Order EA–08–162, do not 

need to be fingerprinted again for 

purposes of being considered for 

unescorted access. 

E. The Licensee may allow any 

individual who currently has 

unescorted access to radioactive 

materials, in accordance with this 

Order, to continue to have unescorted 

access without being fingerprinted, 

pending a decision by the reviewing 

official (based on fingerprinting, an FBI 

criminal history records check and a 

trustworthy and reliability 

determination) that the individual may 

continue to have unescorted access to 

radioactive materials that equal or 

exceed the quantities listed in 

Attachment 2. The licensee shall 

complete implementation of the 

requirements of Attachments 2 and 3 to 

this Order by February 10, 2009, or the 

first day that radionuclides of concern at 

or above threshold limits (i.e., high-risk 

radioactive material), also identified in 

Attachment 2, are possessed, whichever 

is later. 

F.1. The Licensee shall, within twenty 

(20) days of the date of this Order, 

submit to the Commission a schedule 

for completion of each requirement 

described in Attachments 2 and 3. 

2. The Licensee shall report to the 

Commission when they have achieved 

full compliance with the requirements 

described in Attachments 2 and 3. 

G. 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, F.1, and F.2 above shall be 

submitted to the Director, Office of 

Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555. In addition, 

Licensee submittals that contain specific 

physical protection or security 

information considered to be Safeguards 

Information shall be put in a separate 

enclosure or attachment and, marked as 

‘‘SAFEGUARDS INFORMATION—

MODIFIED HANDLING’’ and mailed (no 

electronic transmittals i.e., no e-mail or 

FAX) to the NRC. 

The Director, Office of Federal and 

State Materials and Environmental 

Management 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, 


jlentini on PROD1PC65 with NOTICES
49716 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

submit an answer to this Order within 

twenty (20) days of the date of this 

Order. In addition, the Licensee and any 

other person adversely affected by this 

Order may request a hearing of this 

Order within twenty (20) days of the 

date of the Order. Where good cause is 

shown, consideration will be given to 

extending the time to request a hearing. 

A request for extension of time 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. If the answer includes a request 

for a hearing, it shall, under oath or 

affirmation, specifically set forth the 

matters of fact and law on which the 

Licensee relies and the reasons as to 

why the Order should not have been 

issued. 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). 

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, 

which the NRC promulgated in August 

2007, 72 FR 49139 (Aug. 28, 2007) and 

codified in pertinent part at 10 CFR Part 

2, Subpart B. 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 

a waiver in accordance with the 

procedures described below. 

To comply with the procedural 

requirements associated with E-Filing, 

at least ten (10) days prior to the filing 

deadline the requestor must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (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 NRC proceeding in which 

it is participating; and/or (2) creation of 

an electronic docket for the proceeding 

(even in instances when the requestor 

(or its counsel or representative) already 

holds an NRC-issued digital ID 

certificate). Each requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a requestor has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, it can then submit a request for 

a hearing through EIE. 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/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

document through EIE. To be timely, 

electronic filings must be submitted to 

the EIE 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 

EIE 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 document on those 

participants separately. Therefore, any 

others who wish to participate in the 

proceeding (or their counsel or 

representative) must apply for and 

receive a digital ID certificate before a 

hearing request is filed so that they may 

obtain access to the document via the EFiling system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The help line number is (800) 397–4209 

or locally, (301) 415–4737. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file a 

motion, 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 firstclass 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. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

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, an Atomic Safety and 

Licensing Board, or a 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. 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 works. 

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 requesting 

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. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 49717 

An answer or a request for hearing 

shall not stay the immediate 

effectiveness of this order. 

Dated this 14th day of August 2008. 

For The Nuclear Regulatory Commission. 

Charles L. Miller, 

Director, Office of Federal and State Materials 

and Environmental Management Programs. 

Attachment 1: Service List of Materials 

Licensees—Redacted 

Attachment 2: Additional Security 

Measures for Manufacturing and 

Distribution Materials Licensees (U)—

(Revision 1) 

These Additional Security Measures 

(ASMs) and new requirements are 

established to delineate licensee 

responsibility in response to the current 

threat environment. The following 

security measures apply to Radioactive 

Material Manufacturing and 

Distribution Licensees who, at any given 

time, possess greater than or equal to the 

quantities of concern of radioactive 

material defined in Table 1 (unless the 

licensee documents the basis for 

concluding that radioactive material 

possessed cannot be easily aggregated 

into quantities in excess of the limits 

defined in Table 1). As with the 

additional security measures previously 

provided to other licensees who possess 

risk significant radioactive sources, 

these increased security measures and 

requirements address licensees who are 

authorized to possess high-activity 

radioactive material which poses a high 

risk to human health if not managed 

safely and securely. 

1. Establish a security zone (or zones). 

A security zone is an area, determined 

by the licensee, that provides for both 

isolation of radioactive material and 

access control. 

a. Only use and store the radioactive 

material within the established security 

zone(s); and 

b. The licensee shall demonstrate for 

each security zone, a means to deter, 

detect and delay any attempt of 

unauthorized access to licensed 

material. The security zone is not 

required to be the same as the restricted 

area or controlled area, as defined in 10 

CFR Part 20 or equivalent agreement 

state regulations; and 

c. Security zones can be permanent or 

temporary to meet transitory or 

intermittent business activities (such as 

during periods of maintenance, source 

delivery, source replacement, and 

temporary job sites). Different isolation/ 

access control measures may be used for 

periods during which the security zone 

is occupied versus unoccupied. 

2. Control access at all times to the 

security zone and limit admittance to 

those individuals who are approved and 

require access to perform their duties. 

3. Implement a system to monitor, 

detect, assess and respond to 

unauthorized entries into or activities in 

the security zone. 

a. [This paragraph contains 

SAFEGUARDS INFORMATION and 

will not be publicly disclosed] 

b. Provide a positive measure to 

detect unauthorized removal of the 

radioactive material from the security 

zone; and 

c. [This paragraph contains 

SAFEGUARDS INFORMATION and 

will not be publicly disclosed] 

4. [This paragraph contains 

SAFEGUARDS INFORMATION and 

will not be publicly disclosed] 

5. Licensees shall document the basis 

for concluding that there is reasonable 

assurance that individuals granted 

access to safeguards information or 

unescorted access to the security zone 

are trustworthy and reliable, and do not 

constitute an unreasonable risk for 

malevolent use of the regulated 

material. ‘‘Access’’ means that an 

individual could exercise some physical 

control over the material or device 

containing radioactive material. 

a. The trustworthiness and reliability 

of individuals shall be determined 

based on a background investigation. 

The background investigation shall 

address at least the past 3 years and, as 

a minimum, include fingerprinting and 

a Federal Bureau of Investigation (FBI) 

criminal history check, verification of 

work or education references as 

appropriate to the length of 

employment, and confirmation of 

employment eligibility. 

b. Fingerprints shall be submitted and 

reviewed in accordance with the 

procedures described in Attachment 3 

to this Order. 

c. A reviewing official that the 

licensee nominated and has been 

approved by the NRC, in accordance 

with NRC ‘‘Order Imposing 

Fingerprinting and Criminal History 

Records Check Requirements for Access 

to Safeguards Information,’’ may 

continue to make trustworthiness and 

reliability determinations. The licensee 

may also nominate another individual 

specifically for making unescorted 

access determinations using the process 

identified in the NRC ‘‘Order Imposing 

Fingerprinting and Criminal History 

Records Check Requirements for Access 

to Safeguards Information.’’

d. Individuals for whom the licensee 

has not made a determination of 

trustworthiness and reliability, based on 

the appropriate background 

investigation above, shall be escorted 

within the security zone to prevent 

unauthorized access or actions to the 

licensed radioactive material. The 

licensee shall also ensure these 

individuals are clearly identifiable as 

needing an escort while in the security 

zone. 

6. Before transfer of radioactive 

materials that exceed the quantities in 

Table 1, Licensees shall: 

a. [This paragraph contains 

SAFEGUARDS INFORMATION and 

will not be publicly disclosed] 

b. [This paragraph contains 

SAFEGUARDS INFORMATION and 

will not be publicly disclosed] 

c. Assure that the material is shipped 

to an address authorized in the license 

and that the address is valid, 

d. Verify the address for deliveries to 

temporary job site, and 

e. Document the verification or 

validation process. 

7. For domestic highway and rail 

shipments of materials in quantities 

greater than or equal to the quantities in 

Table 1, per conveyance, the licensee 

shall: 

a. Only use carriers who: 

(1) Use established package tracking 

systems, 

(2) Implement methods to assure 

trustworthiness of drivers, 

(3) Maintain constant control and/or 

surveillance during transit, and 

(4) Have the capability for immediate 

communication to summon appropriate 

response or assistance. 

The licensee shall verify and 

document that the carrier employs the 

measures listed above. 

b. Coordinate departure and arrival 

times with the recipient. 

c. Immediately initiate an 

investigation with the carrier and 

intended recipient If the shipment does 

not arrive by close of business on the 

day of the previously coordinated 

arrival time. Not later than one hour 

after the time when, through the course 

of the investigation, it is determined the 

shipment has become lost or stolen, the 

licensee shall notify the appropriate 

local law enforcement agency, the NRC 

Operations Center at (301) 816–5100, 

and the appropriate Agreement State 

regulatory agency. If after 24 hours of 

initiating the investigation, the 

radioactive material cannot be located, 

it shall be presumed lost and the 

licensee shall immediately notify the 

NRC Operations Center and, for 

Agreement State licensees, the 

appropriate Agreement State regulatory 

agency. 

d. In addition to a and b above, for 

highway and rail shipments of material 

in quantities greater than or equal to 100 

times the quantities in Table 1, per 

conveyance, the licensee shall 


jlentini on PROD1PC65 with NOTICES
49718 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

implement the NRC Order for 

Additional Security Measures on the 

Transportation of Radioactive Material 

Quantities of Concern. 

8. For imports and exports of material 

in quantities greater than the quantities 

in Table 1, per conveyance, the licensee 

shall follow the requirements in the 

Final Rule 10 CFR Part 110, July 1, 

2005, (70 FR 37985 and 46066) Export 

and Import of Radioactive Materials: 

Security Policies. 

9. The licensee shall protect preplanning, coordinating, and reporting 

information required by ASM 7 related 

to shipments of radioactive material, 

and the radioisotopes identified in 

Table 1 as sensitive information 

(proprietary business financial or 

confidential). Licensees shall restrict 

access to this information to those 

licensee and contractor personnel with 

a need to know. Licensees shall require 

all parties receiving this information to 

protect it similarly. Information may be 

transmitted either in writing or 

electronically and shall be marked as 

‘‘Security-Related Information—

Withhold Under 10 CFR 2.390.’’

10. The licensee shall maintain all 

documentation required by these ASMs 

for a period of not less than three (3) 

years after the document is superseded 

or no longer effective. 

TABLE 1—RADIONUCLIDES OF CONCERN

Radionuclide Quantity of 

concern 1 (TBq) 

Quantity of 

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 3 .............................................................................................................................................................. 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 materials listed above 4 .......................................................................................... (5)

1The aggregate activity of multiple, collocated sources of the same radionuclide should be included when the total activity equals or exceeds 

the quantity of concern. 2The primary values used for compliance with this Order are TBq. The curie (Ci) values are rounded to two significant figures for informational 

purposes only. 3The Atomic Energy Act, as amended by the Energy Policy Act of 2005, authorizes NRC to regulate Ra-226 and NRC is in the process of 

amending its regulations for discrete sources of Ra-226. 4 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. 5 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. 

Guidance for Aggregation of Sources 

NRC supports the use of the 

International Atomic Energy 

Association’s (IAEA) source 

categorization methodology as defined 

in IAEA Safety Standards Series No. 

RS–G–1.9, ‘‘Categorization of 

Radioactive Sources,’’ (2005) (see http:// 

www-pub.iaea.org/MTCD/publications/ 

PDF/Pub1227_web.pdf) and as endorsed 

by the agency’s Code of Conduct for the 

Safety and Security of Radioactive 

Sources, January 2004 (see http://wwwpub.iaea.org/MTCD/publications/PDF/ 

Code-2004_web.pdf). The Code defines 

a three-tiered source categorization 

scheme. Category 1 corresponds to the 

largest source strength (equal to or 

greater than 100 times the quantity of 

concern values listed in Table 1) and 

Category 3, the smallest (equal or 

exceeding one-tenth the quantity of 

concern values listed in Table 1). 

Additional security measures apply to 

sources that are equal to or greater than 

the quantity of concern values listed in 

Table 1, plus aggregations of smaller 

sources that are equal to or greater than 

the quantities in Table 1. Aggregation 

only applies to sources that are 

collocated. 

Licensees who possess individual 

sources in total quantities that equal or 

exceed the Table 1 quantities are 

required to implement additional 

security measures. Where there are 

many small (less than the quantity of 

concern values) collocated sources 

whose total aggregate activity equals or 

exceeds the Table 1 values, licensees are 

to implement additional security 

measures. 

Some source handling or storage 

activities may cover several buildings, 

or several locations within specific 

buildings. The question then becomes, 

‘‘When are sources considered 

collocated for purposes of aggregation?’’

For purposes of the additional controls, 

sources are considered collocated if 

breaching a single barrier (e.g., a locked 

door at the entrance to a storage room) 

would allow access to the sources. 

Sources behind an outer barrier should 

be aggregated separately from those 

behind an inner barrier (e.g., a locked 

source safe inside the locked storage 

room). However, if both barriers are 

simultaneously open, then all sources 

within these two barriers are considered 

to be collocated. This logic should be 

continued for other barriers within or 

behind the inner barrier. 

The following example illustrates the 

point: A lockable room has sources 

stored in it. Inside the lockable room, 

there are two shielded safes with 

additional sources in them. Inventories 

are as follows: 

The room has the following sources 

outside the safes: Cf-252, 0.12 TBq (3.2 

Ci); Co–60, 0.18 TBq (4.9 Ci), and Pu–


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 49719 

1The FAST program is a cooperative effort 

between the Bureau of Customs and Border Patrol 

and the governments of Canada and Mexico to 

coordinate processes for the clearance of 

commercial shipments at the U.S.-Canada and U.S.- 

Mexico borders. Participants in the FAST program, 

which requires successful completion of a 

background records check, may receive expedited 

entrance privileges at the northern and southern 

borders. 

238, 0.3 TBq (8.1 Ci). Application of the 

unity rule yields: (0.12 ÷ 0.2) + (0.18 ÷ 

0.3) + (0.3 ÷ 0.6) = 0.6 + 0.6 + 0.5 = 1.7. 

Therefore, the sources would require 

additional security measures. 

Shielded safe #1 has a 1.9 TBq (51 Ci) 

Cs-137 source and a 0.8 TBq (22 Ci) Am241 source. In this case, the sources 

would require additional security 

measures, regardless of location, 

because they each exceed the quantities 

in Table 1. 

Shielded safe #2 has two Ir-192 

sources, each having an activity of 0.3 

TBq (8.1 Ci). In this case, the sources 

would not require additional security 

measures while locked in the safe. The 

combined activity does not exceed the 

threshold quantity 0.8 TBq (22 Ci). 

Because certain barriers may cease to 

exist during source handling operations 

(e.g., a storage location may be unlocked 

during periods of active source usage), 

licensees should, to the extent 

practicable, consider two modes of 

source usage—‘‘operations’’ (active 

source usage) and ‘‘shutdown’’ (source 

storage mode). Whichever mode results 

in the greatest inventory (considering 

barrier status) would require additional 

security measures for each location. 

Use the following method to 

determine which sources of radioactive 

material require implementation of the 

Additional Security Measures (ASMs): 

• Include any single source equal to 

or greater than the quantity of concern 

in Table 

• Include multiple collocated sources 

of the same radionuclide when the 

combined quantity equals or exceeds 

the quantity of concern 

• For combinations of radionuclides, 

include multiple collocated sources of 

different radionuclides when the 

aggregate quantities satisfy the following 

unity rule: [(amount of radionuclide A) 

÷ (quantity of concern of radionuclide 

A)] + [(amount of radionuclide B) ÷ 

(quantity of concern of radionuclide B)] 

+ etc. * * * ≥ 1 

Attachment 3: Requirements for 

Fingerprinting and Criminal History 

Checks of Individuals when Licensee’s 

Reviewing Official is Determining 

Access to Safeguards Information or 

Unescorted Access to Radioactive 

Materials General Requirements 

Licensees shall comply with the 

following requirements of this 

attachment. 

1. Each Licensee subject to the 

provisions of this attachment shall 

fingerprint each individual who is 

seeking or permitted access to 

safeguards information (SGI) or 

unescorted access radioactive materials 

equal to or greater than the quantities 

listed in Attachment 2 to this Order. 

The Licensee shall review and use the 

information received from the Federal 

Bureau of Investigation (FBI) and ensure 

that the provisions contained in this 

Order and this attachment are satisfied. 

2. The Licensee shall notify each 

affected individual that the fingerprints 

will be used to secure a review of his/ 

her criminal history record and inform 

the individual of the procedures for 

revising the record or including an 

explanation in the record, as specified 

in the ‘‘Right to Correct and Complete 

Information’’ section of this attachment. 

3. Fingerprints for access to SGI or 

unescorted access need not be taken if 

an employed individual (e.g., a Licensee 

employee, contractor, manufacturer, or 

supplier) is relieved from the 

fingerprinting requirement by 10 CFR 

73.59 for access to SGI or 10 CFR 73.61 

for unescorted access, has a favorablydecided U.S. Government criminal 

history check (e.g. National Agency 

Check, Transportation Worker 

Identification Credentials in accordance 

with 49 CFR Part 1572, Bureau of 

Alcohol Tobacco Firearms and 

Explosives background checks and 

clearances in accordance with 27 CFR 

Part 555, Health and Human Services 

security risk assessments for possession 

and use of select agents and toxins in 

accordance with 27 CFR Part 555, 

Hazardous Material security threat 

assessments for hazardous material 

endorsement to commercial drivers 

license in accordance with 49 CFR Part 

1572, Customs and Border Patrol’s Free 

and Secure Trace Program 1) within the 

last five (5) years, or has an active 

federal security clearance. Written 

confirmation from the Agency/employer 

which granted the federal security 

clearance or reviewed the criminal 

history check must be provided for 

either of the latter two cases. The 

Licensee must retain this 

documentation for a period of three (3) 

years from the date the individual no 

longer requires access to SGI or 

unescorted access to radioactive 

materials associated with the Licensee’s 

activities. 

4. All fingerprints obtained by the 

Licensee pursuant to this Order must be 

submitted to the Commission for 

transmission to the FBI. 

5. The Licensee shall review the 

information received from the FBI and 

consider it, in conjunction with the 

trustworthy and reliability requirements 

of this Order, in making a determination 

whether to grant, or continue to allow, 

access to SGI or unescorted access to 

radioactive materials. 

6. The Licensee shall use any 

information obtained as part of a 

criminal history records check solely for 

the purpose of determining an 

individual’s suitability for access to SGI 

or unescorted access to radioactive 

materials equal to or greater than the 

quantities used in Attachment 2 to this 

Order. 

7. The Licensee shall document the 

basis for its determination whether to 

grant, or continue to allow, access to 

SGI or unescorted access to radioactive 

materials equal to or greater than the 

quantities used in Attachment 2 to this 

Order. 

Prohibitions 

A Licensee shall not base a final 

determination to deny an individual 

access to radioactive materials solely on 

the basis of information received from 

the FBI involving: an arrest more than 

one (1) year old for which there is no 

information of the disposition of the 

case, or an arrest that resulted in 

dismissal of the charge or an acquittal. 

A Licensee shall not use information 

received from a criminal history check 

obtained pursuant to this Order in a 

manner that would infringe upon the 

rights of any individual under the First 

Amendment to the Constitution of the 

United States, nor shall the Licensee use 

the information in any way which 

would discriminate among individuals 

on the basis of race, religion, national 

origin, sex, or age. 

Procedures for Processing Fingerprint 

Checks 

For the purpose of complying with 

this Order, Licensees shall, using an 

appropriate method listed in 10 CFR 

73.4, submit to the NRC’s Division of 

Facilities and Security, Mail Stop T–

6E46, one completed, legible standard 

fingerprint card (Form FD–258, 

ORIMDNRCOOOZ) or, where 

practicable, other fingerprint records for 

each individual seeking access to SGI or 

unescorted access to radioactive 

materials equal to or greater than the 

quantities used in Attachment 2 to this 

Order, to the Director of the Division of 

Facilities and Security, marked for the 

attention of the Division’s Criminal 

History Check Section. Copies of these 

forms may be obtained by writing the 

Office of Information Services, U.S. 

Nuclear Regulatory Commission, 


jlentini on PROD1PC65 with NOTICES
49720 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

Washington, DC 20555–0001, by calling 

(301) 415–7232, or by e-mail to 

forms.resource@nrc.gov. Practicable 

alternative formats are set forth in 10 

CFR 73.4. The Licensee shall establish 

procedures to ensure that the quality of 

the fingerprints taken results in 

minimizing the rejection rate of 

fingerprint cards due to illegible or 

incomplete cards. 

The NRC will review submitted 

fingerprint cards for completeness. Any 

Form FD–258 fingerprint record 

containing omissions or evident errors 

will be returned to the Licensee for 

corrections. The fee for processing 

fingerprint checks includes one 

resubmission if the initial submission is 

returned by the FBI because the 

fingerprint impressions cannot be 

classified. The one free re-submission 

must have the FBI Transaction Control 

Number reflected on the re-submission. 

If additional submissions are necessary, 

they will be treated as initial submittals 

and will require a second payment of 

the processing fee. 

Fees for processing fingerprint checks 

are due upon application (Note: other 

fees may apply to obtain fingerprints 

from your local law enforcement 

agency). Licensees should submit 

payments electronically via http:// 

www.pay.gov. Payments through 

Pay.gov can be made directly from the 

Licensee’s credit/debit card. Licensees 

will need to establish a password and 

user ID before they can access Pay.gov. 

To establish an account, Licensee 

requests must be sent to paygo@nrc.gov. 

The request must include the Licensee’s 

name, address, point of contact, e-mail 

address, and phone number. The NRC 

will forward each request to Pay.gov 

and someone from Pay.gov will contact 

the Licensee with all of the necessary 

account information. Licensees shall 

make payments for processing before 

submitting applications to the NRC. 

Combined payment for multiple 

applications is acceptable. Licensees 

shall include the Pay.gov payment 

receipt(s) along with the application(s). 

For additional guidance on making 

electronic payments, contact the 

Facilities Security Branch, Division of 

Facilities and Security, at (301) 415–

7404. 

Alternatively, licensees may also 

submit payment with the application for 

processing fingerprints by fingerprints 

by corporate check, certified check, 

cashier’s check, or money order, made 

payable to ‘‘U.S. NRC.’’ Combined 

payment for multiple applications is 

acceptable. 

The application fee (currently $36) is 

the sum of the user fee charged by the 

FBI for each fingerprint card or other 

fingerprint record submitted by the NRC 

on behalf of a Licensee, and an NRC 

processing fee, which covers 

administrative costs associated with 

NRC handling of Licensee fingerprint 

submissions. The Commission will 

directly notify Licensees subject to this 

regulation of any fee changes. 

The Commission will forward to the 

submitting Licensee all data received 

from the FBI as a result of the Licensee’s 

application(s) for criminal history 

checks, including the FBI fingerprint 

record. 

Right To Correct and Complete 

Information 

Prior to any final adverse 

determination, the Licensee shall make 

available to the individual the contents 

of any criminal records obtained from 

the FBI for the purpose of assuring 

correct and complete information. 

Written confirmation by the individual 

of receipt of this notification must be 

maintained by the Licensee for a period 

of one (1) year from the date of the 

notification. If, after reviewing the 

record, an individual believes that it is 

incorrect or incomplete in any respect 

and wishes to change, correct, or update 

the alleged deficiency, or to explain any 

matter in the record, the individual may 

initiate challenge procedures. These 

procedures include either direct 

application by the individual 

challenging the record to the agency 

(i.e., law enforcement agency) that 

contributed the questioned information, 

or direct challenge as to the accuracy or 

completeness of any entry on the 

criminal history record to the Assistant 

Director, Federal Bureau of Investigation 

Identification Division, Washington, DC 

20537–9700 (as set forth in 28 CFR Part 

16.30 through 16.34). In the latter case, 

the FBI forwards the challenge to the 

agency that submitted the data and 

requests that agency to verify or correct 

the challenged entry. Upon receipt of an 

official communication directly from 

the agency that contributed the original 

information, the FBI Identification 

Division makes any changes necessary 

in accordance with the information 

supplied by that agency. The Licensee 

must provide at least ten (10) days for 

an individual to initiate an action 

challenging the results of an FBI 

criminal history records check after the 

record is made available for his/her 

review. The Licensee may make a final 

determination on access to SGI or 

unescorted access to radioactive 

materials equal to or greater than the 

quantities used in Attachment 2 to this 

Order based upon the criminal history 

record only upon receipt of the FBI’s 

ultimate confirmation or correction of 

the record. Upon a final adverse 

determination on access to SGI or 

unescorted access to radioactive 

materials equal to or greater than the 

quantities used in Attachment 2 to this 

Order, the Licensee shall provide the 

individual its documented basis for 

denial. Access to SGI or unescorted 

access to radioactive materials equal to 

or greater than the quantities used in 

Attachment 2 to this Order shall not be 

granted to an individual during the 

review process. 

Protection of Information 

1. Each Licensee who obtains a 

criminal history record on an individual 

pursuant to this Order shall establish 

and maintain a system of files and 

procedures for protecting the record and 

the personal information from 

unauthorized disclosure. 

2. The Licensee may not disclose the 

record or personal information collected 

and maintained to persons other than 

the subject individual, his/her 

representative, or to those who have a 

need to access the information in 

performing assigned duties in the 

process of determining access to SGI or 

unescorted access to radioactive 

materials equal to or greater than the 

quantities used in Attachment 2 to this 

Order. No individual authorized to have 

access to the information may redisseminate the information to any 

other individual who does not have a 

need-to-know. 

3. The personal information obtained 

on an individual from a criminal history 

record check may be transferred to 

another Licensee if the Licensee holding 

the criminal history record receives the 

individual’s written request to redisseminate the information contained 

in his/her file, and the gaining Licensee 

verifies information such as the 

individual’s name, date of birth, social 

security number, sex, and other 

applicable physical characteristics for 

identification purposes. 

4. The Licensee shall make criminal 

history records, obtained under this 

section, available for examination by an 

authorized representative of the NRC to 

determine compliance with the 

regulations and laws. 

5. The Licensee shall retain all 

fingerprint and criminal history records 

received from the FBI, or a copy if the 

individual’s file has been transferred, 

for three (3) years after termination of 

employment or denial to access SGI or 

unescorted access to radioactive 

materials equal to or greater than the 

quantities used in Attachment 2 to this 

Order. After the required three (3) year 

period, these documents shall be 

destroyed by a method that will prevent 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 49721 

reconstruction of the information in 

whole or in part. 

[FR Doc. E8–19545 Filed 8–21–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Notice of Availability of Regulatory 

Issue Summary 2008–18; Information 

on Requests for Extending Use of 

Expiring Transportation Packages 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability. 

SUMMARY: The NRC staff has issued 

Regulatory Issue Summary (RIS) 2008–

18, Information on Requests for 

Extending Use of Expiring 

Transportation Packages. The RIS is 

intended to provide information to 

licensees and certificate holders who 

may request NRC consideration on a 

case-by-case basis for limited domestic 

use of transportation packages beyond 

the October 1, 2008, expiration date. 

The RIS does not impose any additional 

regulatory requirements on NRC 

licensees. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nancy Osgood, Project Manager, 

Licensing Branch, Division of Spent 

Fuel Storage and Transportation, Office 

of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

Telephone: (301) 492–3326; fax number: 

(301) 492–3348; e-mail: 

nancy.osgood@nrc.gov. 

SUPPLEMENTARY INFORMATION: The 

attachment to this Federal Register 

notice contains RIS 2008–18, 

Information on Requests for Extending 

Use of Expiring Transportation 

Packages. RIS 2008–18 is also available 

electronically in the NRC’s Reading 

Room at http://www.nrc.gov/readingrm/adams.html. From this site, you can 

access NRC’s Agencywide Document 

Access and Management System 

(ADAMS), which provides text and 

image files of NRC’s public documents. 

RIS 2008–18 can be found in ADAMS at 

accession number ML081920729. If you 

do not have access to ADAMS, or if 

there are problems accessing documents 

located in ADAMS, contact the NRC 

Public Document Room (PDR) Reference 

Staff at 1–800–397–4209, 301–415–

4737, or e-mail pdr.resource@nrc.gov. 

This document may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Rockville, Maryland, this 14th day 

of August 2008. 

For the Nuclear Regulatory Commission. 

Eric Benner, 

Chief, Licensing Branch, Division of Spent 

Fuel Storage and Transportation, Office of 

Nuclear Material Safety and Safeguards. 

Attachment 

Nuclear Regulatory Commission, Office of 

Nuclear Material Safety and Safeguards, 

Washington, DC 20555–0001. August 14, 

2008. 

NRC Regulatory Issue Summary 2008–18; 

Information on Requests for Extending Use 

of Expiring Transportation Packages 

Addressees 

Users of, or certificate holders for, 

transportation packages that expire on 

October 1, 2008, specifically: 

(a) Type B packages, that the U.S. Nuclear 

Regulatory Commission (NRC) has previously 

approved, but not designated as B(U), B(M), 

B(U)F, or B(M)F in the identification number 

of the NRC Certificate of Compliance, or 

Type AF transportation packages, that NRC 

approved before September 6, 1983; or 

(b) Existing Type B packagings, 

constructed to U.S. Department of 

Transportation (DOT) Specification 6M, 

20WC, or 21WC, conforming in all aspects to 

the requirements of 49 CFR Subchapter C, in 

effect on October 1, 2003, or existing fissile 

material packagings constructed to DOT 

Specification 6L, 6M, or 1A2, conforming in 

all aspects to the requirements of 49 CFR 

Subchapter C, in effect on October 1, 2003. 

Intent 

Sections 71.19(a) and 71.20 of 10 Code of 

Federal Regulations (CFR) part 71 expire on 

October 1, 2008. Section 71.19(a) authorizes 

the use of Type B transportation packages, 

previously approved by NRC, but not 

designated as B(U), B(M), B(U)F, or B(M)F in 

the identification number on the NRC 

Certificate of Compliance or Type AF 

transportation packages approved by NRC, 

before September 6, 1983. Section 71.20 

authorizes use of DOT specification 

containers for fissile material or for a Type 

B quantity of radioactive material, as 

specified in DOT regulations at 49 CFR parts 

173 and 178. NRC is issuing this regulatory 

issue summary (RIS) to inform addressees 

regarding information that will be considered 

in requests for extending use of these 

packages beyond October 1, 2008. 

Background Information 

On January 26, 2004, NRC published a 

final rule in the Federal Register (69 FR 

3698), amending its transportation 

regulations in Part 71, to be compatible with 

the latest version of the International Atomic 

Energy Agency (IAEA) ‘‘Regulations for the 

Safe Transport of Radioactive Material’’

(IAEA Safety Standards Series No. TS–R–1). 

NRC coordinated this rulemaking with DOT, 

since NRC and DOT jointly regulate the 

safety of radioactive material in transport. In 

this rulemaking, NRC and DOT implemented 

a planned phaseout of the Type B and fissile 

material transportation packages described 

above. The phaseout is to be completed by 

October 1, 2008 (when the regulations 

authorizing use of these packages expire). 

Certain licensees have indicated that they 

may need to make shipments in these 

packages after the October 1, 2008, expiration 

date. 

Summary of Issue 

NRC regulations for packaging and 

transportation of radioactive materials are 

contained in part 71. These regulations are 

amended from time to time, to harmonize 

them with periodic revisions to IAEA 

regulations, which are used internationally. 

Grandfathering provisions, such as 10 CFR 

71.19(a) and 71.20, have historically been 

included both in NRC and IAEA regulations. 

The grandfathering provisions allow 

continued use, with some conditions, of 

transportation packages approved to previous 

editions of the regulations. The purpose of 

the grandfathering provisions is to minimize 

cost and impact on implementing the 

changes to the regulations. 

In the January 2004 rulemaking, NRC 

adopted revised regulations in part 71, to 

harmonize with the 1996 edition of the IAEA 

regulations (TS–R–1), which no longer 

authorized the use of the Type B and fissile 

material transportation packages described 

above. Among other changes, the 10 CFR 

71.19(a) and 10 CFR 71.20 grandfathering 

provisions were adopted to allow continued 

use of these Type B and fissile material 

transportation packages until October 1, 

2008. 

Certain licensees and certificate holders 

have indicated that there may be instances 

where limited use of these packages may be 

needed beyond the October 1, 2008, 

expiration date. This RIS is intended to 

provide information to licensees and 

certificate holders in requesting authorization 

for such limited use. 

NRC Review of Requests 

Requests for limited use of these packages 

after the October 1, 2008, expiration date 

must address all five elements listed below. 

NRC will consider these requests on a caseby-case basis. Applicants should note that 

these requests will not be considered a form 

of certificate renewal, either under 10 CFR 

71.38 or any other NRC regulation. 

Licensees or certificate holders who have 

identified the need to use these packages 

should provide the following information to 

NRC and DOT before the October 1, 2008, 

expiration date: 

(1) Package Information. NRC Certificate of 

Compliance Number or DOT Specification 

Number. 

(2) Identification of Shipments. (a) Number 

of shipments; (b) number of packages per 

shipment; (c) packaging serial numbers; (d) 

package contents; (e) end use of the 

radioactive material; (f) shipment origin and 

destination; (g) mode; (h) general timeframe 

(e.g., first quarter 2009); and (i) date last 

shipment will be completed. 

(3) Reasons for Requesting Extended Use. 

Justification for extending the use of expiring 

packages must describe why acquiring 

replacement packages is not practical and 


jlentini on PROD1PC65 with NOTICES