51016 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

1Attachment A contains sensitive information 

and will not be released to the public. 

documents through EIE. To be timely, 

an electronic filing 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 documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing 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 a 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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

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 submissions. 

For further details with respect to this 

license amendment application, see the 

application for amendment dated 

October 26, 2007, which is available for 

public inspection at the Commission’s 

PDR, located at One White Flint North, 

File Public Area O1 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible electronically from 

the Agencywide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209, 301–415–4737, or by e-mail 

to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 25th day 

of August 2008. 

For the Nuclear Regulatory Commission. 

Patrick D. Milano, 

Senior Project Manager, Watts Bar Special 

Projects Branch, Division of Operating 

Reactor Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–20118 Filed 8–28–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–08–225] 

In the Matter of Certain Licensees 

Authorized To Possess and Transfer 

Items Containing Radioactive Material 

Quantities of Concern; Order Imposing 

Additional Security Measures 

(Effective Immediately) 

I 

The Licensees identified in 

Attachment A 1 to this Order, hold 

licenses issued by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission) or an Agreement State, in 

accordance with the Atomic Energy Act 

of 1954, as amended, and 10 CFR Parts 

30, 32, 70 and 71, or equivalent 

Agreement State regulations. The 

licenses authorize them to possess and 

transfer items containing radioactive 

material quantities of concern. This 

Order is being issued to all such 

Licensees who may transport 

radioactive material quantities of 

concern under the NRC’s authority to 

protect the common defense and 

security, which has not been 

relinquished to the Agreement States. 

The Orders require compliance with 

specific additional security measures to 

enhance the security for transport of 

certain radioactive material quantities of 

concern. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and Washington, DC, 

utilizing large commercial aircraft as 

weapons. In response to the attacks and 

intelligence information subsequently 

obtained, the Commission issued a 

number of Safeguards and Threat 

Advisories to Licensees in order to 

strengthen Licensees’ capabilities and 

readiness to respond to a potential 

attack on this regulated activity. The 

Commission has also communicated 

with other Federal, State and local 

government agencies and industry 

representatives to discuss and evaluate 

the current threat environment in order 

to assess the adequacy of the current 

security measures. In addition, the 

Commission commenced a 

comprehensive review of its safeguards 

and security programs and 

requirements. 

As a result of its initial consideration 

of current safeguards and security 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51017 

2Attachment B contains some requirements that 

are SAFEGUARDS INFORMATION, and cannot be 

released to the public. The remainder of the 

requirements contained in Attachment B that are 

not SAFEGUARDS INFORMATION will be released 

to the public. 

determined that certain security 

measures are required to be 

implemented by Licensees as prudent, 

interim measures to address the current 

threat environment in a consistent 

manner. Therefore, the Commission is 

imposing requirements, as set forth in 

Attachment B2 of this Order, on all 

Licensees identified in Attachment A of 

this Order. These additional security 

measures, which supplement existing 

regulatory requirements, will provide 

the Commission with reasonable 

assurance that the common defense and 

security continue to be adequately 

protected in the current threat 

environment. Attachment C of this 

Order contains the requirements for 

fingerprinting and criminal history 

record checks for individuals when 

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. 

It is also recognized that some 

measures may not be possible or 

necessary for all shipments of 

radioactive material quantities of 

concern, or may need to be tailored to 

accommodate the Licensees’ specific 

circumstances to achieve the intended 

objectives and avoid any unforeseen 

effect on the safe transport of 

radioactive material quantities of 

concern. 

In light of the continuing threat 

environment, the Commission 

concludes that the security measures 

must be embodied in an Order, 

consistent with the established 

regulatory framework. The Commission 

has determined that some of the security 

measures contained in Attachment B of 

this Order contain Safeguards 

Information and will not be released to 

the public as per NRC’s ‘‘Order 

Imposing Requirements for the 

Protection of Certain Safeguards 

Information’’ (EA–08–161), issued 

specifically to the Licensees identified 

in Attachment A to this Order. 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-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. 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, all Licensees identified in 

Attachment A to this Order shall 

implement the requirements identified 

in Attachments B and C to this Order. 

In addition, pursuant to 10 CFR 2.202, 

I find that in light of the common 

defense and security matters identified 

above, which warrant the issuance of 

this Order, the public health and safety 

require that this Order be immediately 

effective. 

III 

Accordingly, pursuant to Sections 53, 

63, 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 and 10 CFR Parts 30, 32, 70 and 

71, It is hereby ordered, effective 

immediately, that all licensees 

identified in attachment a to this order 

shall comply with the following: 

A. All Licensees shall, 

notwithstanding the provisions of any 

Commission or Agreement State 

regulation or license to the contrary, 

comply with the requirements described 

in Attachments B and C to this Order. 

The Licensees shall immediately start 

implementation of the requirements in 

Attachments B and C to the Order and 

shall complete implementation by 

February 17, 2009, or before the first 

shipment of radioactive material 

quantities of concern, whichever is 

sooner. 

B. 1. All Licensees shall, within 

twenty (20) days of the date of this 

Order, notify the Commission, (1) if they 

are unable to comply with any of the 

requirements described in Attachments 

B or C, (2) if compliance with any of the 

requirements is unnecessary in their 

specific circumstances, or (3) if 

implementation of any of the 

requirements would cause the Licensee 

to be in violation of the provisions of 

any Commission or Agreement State 

regulation or its license. The 

notification shall provide the Licensees’

justification for seeking relief from or 

variation of any specific requirement. 

2. Any Licensee that considers that 

implementation of any of the 

requirements described in Attachments 

B or C to this Order would adversely 

impact the safe transport of radioactive 

material quantities of concern must 

notify the Commission, within twenty 

(20) days of this Order, of the adverse 

safety impact, the basis for its 

determination that the requirement has 

an adverse safety impact, and either a 

proposal for achieving the same 

objectives specified in the Attachments 

B or requirement in question, or a 

schedule for modifying the activity to 

address the adverse safety condition. If 

neither approach is appropriate, the 

Licensee must supplement its response 

to Condition B.1 of this Order to 

identify the condition as a requirement 

with which it cannot comply, with 

attendant justifications as required in 

Condition B.1. 

C. 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 

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51018 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

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 B 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 C 

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 B to this Order. The 

licensee shall complete implementation 

of the requirements of Attachments B 

and C to this Order by February 17, 

2009. 

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 B 

and C. 

2. The Licensee shall report to the 

Commission when they have achieved 

full compliance with the requirements 

described in Attachments B and C. 

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, 

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 

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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51019 

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. 

An answer or a request for hearing shall 

not stay the immediate effectiveness of 

this Order. 

Dated this 21st day of August 2008. 

For the Nuclear Regulatory Commission. 

George Pangburn, 

Acting Director, Office of Federal and State 

Materials and Environmental Management 

Programs. 

Attachment A: List of Licensees—Redacted 

Attachment B: Additional Security Measures 

for Transportation of Radioactive Material 

Quantities of Concern—Revision 2 

A. General Basis Criteria 

These Additional Security Measures 

(ASMs) are established to delineate licensee 

responsibility in response to the current 

threat environment. The following security 

measures apply to Nuclear Regulatory 

Commission (NRC) and Agreement States 

licensees, who ship Radioactive Material 

Quantities of Concern (RAMQC) as defined 

in Section A.1. Shipments of RAMQC that do 

not fall within the NRC’s jurisdiction under 

the Atomic Energy Act of 1954, as amended, 

are not subject to the provisions of these 

ASMs. 

1. Licensees who are subject to this Order 

shall ensure that the requirements listed in 

Section B below are in effect when they ship 

radioactive materials that meet the following 

criterion: 

a. Radionuclides listed in Table A, greater 

than or equal to the quantities specified, 

b. For mixtures of radionuclides listed in 

Table A, the sum of the fractions of those 

radionuclides if greater than or equal to 1, or 

c. For shipments of spent nuclear fuel 

containing greater than or equal to 1000 

Terabecquerels (TBq) (27,000 Curies) but less 

than or equal to 100 grams of spent nuclear 

fuel. 

For shipments containing greater than 100 

grams of spent nuclear fuel, licensees shall 

follow the ASMs for ‘‘Transportation of 

Spent Nuclear Fuel Greater than 100 Grams,’’

dated October 3, 2002. 

These ASMs supersede Safeguards 

Advisories SA–01–01, Rev. 1, and SA–03–02. 

For radioactive materials shipments 

containing radionuclides not addressed by 

this ASM guidance will be provided by 

Safeguards Advisory. 

2. The requirements of these ASMs apply 

to a conveyance (i.e., the requirements apply 

irrespective of whether the RAMQC is 

shipped in a single package or in multiple 

packages in a single conveyance). 

3. Licensees are not responsible for 

complying with the requirements of these 

ASMs if a carrier aggregates, during transport 

or storage incident to transport, radioactive 

material from two or more conveyances from 

separate licensees which individually do not 

exceed the limits of Paragraph A.1. but which 

together meet or exceed any of the criteria in 

Paragraph A.1. 

4. The requirements of these ASMs only 

apply to RAMQC shipments using highway 

or rail modes of transportation. For multimode shipments, the requirements of these 

ASMs apply only to the portion of shipments 

that are made using highway or rail modes 

of transportation, as appropriate. 

5. For domestic highway and rail 

shipments of materials in quantities greater 

than or equal to the quantities in Paragraph 

A.1, per conveyance, the licensee shall 

ensure that: 

a. Only carriers are used which: 

a. Use established package tracking 

systems, 

b. Implement methods to assure 

trustworthiness and reliability of personnel 

associated with the transportation of 

RAMQC, 

c. Maintain constant control and/or 

surveillance during transit, and 

d. Have the capability for immediate 

communication to summon appropriate 

response or assistance. 

b. The licensee shall verify and document 

that the carrier employs the measures listed 

above. 

6. The preplanning, coordination, and 

tracking requirements of these ASMs are 

intended to reduce unnecessary delays and 

shipment duration and to facilitate the 

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51020 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

1 In general, a safe haven is a readily recognizable 

and readily accessible site at which security is 

present or from which, in the event of an 

emergency, the transport crew can notify and wait 

for the local law enforcement authorities (LLEA). 

The following criteria are used by the NRC to 

determine the safe haven sites and licensees should 

use these criteria in identifying safe havens for 

shipments subject to this Order: 

—Close proximity to the route, i.e., readily 

available to the transport vehicle. 

—Security from local, State, or Federal assets is 

present or is accessible for timely response. 

—Site is well lit, has adequate parking, and can 

be used for emergency repair or wait for LLEA 

response on a 24-hours-a-day basis. 

—Have additional telephone facilities should the 

communications system of the transport vehicle not 

function properly. 

Possible safe haven sites include: Military 

installations and other Federal sites having 

significant security assets; secure company 

terminals; State weigh stations; truck stops with 

secure areas; and LLEA sites, including State police 

barracks. 

transfer of the RAMQC shipment and any 

escorts at State borders. 

7. Unless specifically noted otherwise, the 

requirements of these ASMs do not apply to 

local law enforcement agencies (LLEA) 

personnel performing escort duties. 

8. The requirements of these ASMs apply 

to RAMQC domestic shipments within the 

United States (U.S.), imports into the U.S., or 

exports from the U.S. The requirements of 

these ASMs do not apply to transshipments 

through the U.S. Licensees are responsible 

for complying with the requirements of 

Section B for the highway and rail shipment 

portion of an import or export which occurs 

inside of the U.S. 

For import and export RAMQC shipments, 

while located at the port or shipments on 

U.S. navigable waterways, the U.S. Coast 

Guard Maritime Transportation security 

regulations will be in effect and these ASMs 

are not applicable. For RAMQC shipments 

while located at the air freight terminal, 

security requirements will be performed in 

accordance with the Transportation Security 

Administration security regulations. 

For import and export RAMQC shipments, 

the licensee shall ensure that the 

requirements of these ASMs are implemented 

after the transportation package has been 

loaded onto the highway or rail vehicle 

(except for the advance notification 

requirements in section B.4) and the package 

begins the domestic portion of the shipment 

to or from the U.S. port of entry [i.e., the 

package(s) departs for or from the port of 

entry facility or the airfreight terminal]. 

B. Specific Requirements 

Licensees who ship RAMQC in quantities 

that meet the criteria of Paragraph A.1. shall 

ensure that carriers used have developed and 

implemented transportation security plans 

that embody the additional security measures 

imposed by this Order. 

1. Licensee Verification 

Before transfer of radioactive materials in 

quantities which meet the criterion of 

Paragraph A.1, per conveyance, the licensee 

shall: 

a. For new recipient(s), verify that the 

intended recipient’s license authorizes 

receipt of the regulated material by direct 

contact with the regulatory authority that 

issued the license (NRC Region or Agreement 

State) prior to transferring the material, 

b. Verify the validity of unusual orders or 

changes (if applicable) that depart from 

historical patterns of ordering by existing 

recipients, 

c. Verify the material is shipped to an 

address authorized in the license and that the 

address is valid, 

d. Verify the address for a delivery to a 

temporary job site is valid, 

e. Document the verification and validation 

process, and 

f. Coordinate departure and arrival times 

with the recipient. 

2. Background Investigations 

a. Background investigations are intended 

to provide high assurance that individuals 

performing assigned duties associated with 

the transport of RAMQC, are trustworthy and 

reliable, and do not constitute an 

unreasonable risk to the common defense 

and security, including the potential to 

commit radiological sabotage. 

b. For highway shipments only, the 

licensee shall ensure background 

investigations for all drivers, accompanying 

individuals, communications center 

managers, and other appropriate 

communications center personnel have been 

performed. The NRC only has the authority 

to impose a Federal Bureau of Investigation 

(FBI) criminal history check, which includes 

fingerprinting, on those individuals who seek 

access to Safeguards Information (SGI) or 

unescorted access to licensed material. 

c. For rail shipments, the licensee shall 

ensure background investigations for 

employees filling the positions of 

communications center managers and other 

appropriate communications center 

personnel have been performed. The NRC 

only has the authority to impose a Federal 

Bureau of Investigation (FBI) criminal history 

check, which includes fingerprinting, on 

those individuals who seek access to SGI or 

unescorted access to licensed material. 

d. Licensees shall document the basis for 

concluding that there is high assurance that 

individuals granted access to safeguards 

information or unescorted access to licensed 

material 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. 

(1) The trustworthiness, reliability, and 

verification of an individual’s true identity 

shall be determined based on a background 

investigation. The background investigation 

shall address at least the past three (3) years, 

and as a minimum, include fingerprinting 

and an FBI criminal history check, 

verification of employment history, 

education, employment eligibility, and 

personal references. If an individual’s 

employment has been less than the required 

three (3) years period, educational references 

may be used in lieu of employment history. 

(2) Fingerprints shall be submitted and 

reviewed in accordance with the procedures 

described in Attachment C to this Order. 

(3) 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.’’

e. Licensees background investigation 

requirements may also be satisfied for an 

individual that has: 

(1) Current access authorization permitting 

unescorted access to a power reactor facility 

or access to Safeguards Information, 

(2) Current U.S. government-issued 

security clearance (based upon a national 

agency check, at a minimum), or 

(3) Satisfactorily completed a background 

investigation under an NRC-approved access 

authorization program. 

f. Individuals shall not perform assigned 

duties associated with the transport of 

RAMQC until the licensee has confirmed that 

a determination of trustworthiness and 

reliability, based on the appropriate 

background investigation requirements in 

B.2.d. and B.2.e., has been performed and 

documented. 

3. Preplanning and Coordination 

a. As part of the shipment planning 

process, the licensee shall ensure that 

appropriate security information is provided 

to and is coordinated with affected States 

through which the shipment will pass to 

ensure minimal delays. These discussions 

shall include whether a State intends to 

provide escorts for a shipment. 

b. The licensee shall ensure States are 

provided with position information on a 

shipment (see Paragraph B.5.a), if requested 

and practical. 

c. For shipments by highway, the 

licensees’s coordination required in 

Paragraph B.3.a. shall include identification 

of Highway Route Controlled Quantity 

(HRCQ) shipments of material and safe 

havens.1

4. Notifications 

a. The licensee shall ensure an advance 

notification of a shipment is provided, or of 

a series of shipments, of RAMQC to the NRC. 

The licensee shall ensure the notification is 

submitted sufficiently in advance to ensure it 

is received by NRC at least seven (7) days, 

where practicable, before the shipment 

commences physically within the U.S. 

For written notifications, the notice should 

be addressed to: (10 CFR 2.390) 

U.S. Nuclear Regulatory Commission, ATTN: 

Director, Division of Nuclear Security, 

M/S: T–4–D–8, Office of Nuclear Security 

and Incident Response, 11555 Rockville 

Pike, Rockville, MD 20852–2738. 

Notifications may also be submitted 

electronically via e-mail to 

RAMQC_SHIPMENTS@nrc.gov or via fax to 

(301) 816–5151. (10 CFR 2.390) 

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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51021 

b. The advance notification shall contain 

the following information: 

(1) [This paragraph contains 

SAFEGUARDS INFORMATION and will not 

be publicly disclosed.] 

(2) [This paragraph contains 

SAFEGUARDS INFORMATION and will not 

be publicly disclosed.] 

(3) [This paragraph contains 

SAFEGUARDS INFORMATION and will not 

be publicly disclosed.] 

(4) [This paragraph contains 

SAFEGUARDS INFORMATION and will not 

be publicly disclosed.] 

(5) [This paragraph contains 

SAFEGUARDS INFORMATION and will not 

be publicly disclosed.] 

(6) [This paragraph contains 

SAFEGUARDS INFORMATION and will not 

be publicly disclosed.] 

(7) [This paragraph contains 

SAFEGUARDS INFORMATION and will not 

be publicly disclosed.] 

Refer to Paragraph B.7.c. for determination of 

information designation of advance 

notifications during preplanning, 

coordinating, and reporting information 

activities. 

c. The licensee shall ensure the 

information required by Paragraph B.4.b. is 

provided to each State through which the 

shipment will pass. The licensee shall ensure 

that the notification is received at least seven 

(7) days, where practicable, before the U.S. 

highway or railroad portion of a shipment 

commences. 

d. [This paragraph contains SAFEGUARDS 

INFORMATION and will not be publicly 

disclosed.] 

5. Communications 

a. (1) For highway shipments, monitor each 

RAMQC shipment with a telemetric position 

monitoring system that communicates with a 

communication center or is equipped with an 

alternative tracking system that 

communicates position information to a 

communications center. 

(2) For rail shipments, monitor each 

RAMQC shipment with either: (i) A 

telemetric position monitoring system that 

communicates with a licensee or third-party 

communication center, (ii) a railroad trackside car location monitoring systems tracking 

system that relays a car’s position to a 

railroad communications center (which can 

provide position information to any separate 

licensee communications center per 

Paragraph B.5.b), or (iii) alternate licensee 

monitoring system. Additionally, licensees 

may use a railroad communications center to 

monitor the rail portion of a shipment, in lieu 

of using a separate communications center. 

b. (1) For highway shipments, provide for 

a communication center that has the 

capability to continuously and actively 

monitor in-progress shipments to ensure 

positive confirmation of the location, status, 

and control over the shipment and 

implement pre-planned procedures in 

response to deviations from the authorized 

route or notification of actual, attempted, or 

suspicious activities related to theft, loss, 

diversion, or radiological sabotage of a 

shipment. These procedures shall include 

identification of the designated LLEA 

contact(s) along the shipment route. 

(2) For rail shipments, provide for a 

communication center that has the capability 

to periodically monitor in-progress 

shipments to ensure positive confirmation of 

the location of the shipment and implement 

pre-planned procedures in response to 

notification of actual, attempted, or 

suspicious activities related to theft, loss, 

diversion, or radiological sabotage of a 

shipment. These procedures shall include 

identification of the designated LLEA 

contact(s) along the shipment route. 

Licensees may use a railroad 

communications center in lieu of establishing 

a separate communications center. 

c. (1) For highway shipments, ensure that 

a two-way telecommunication capability is 

available for the transport and any escort 

vehicles allowing them to communicate with 

each other with the communications center, 

and with designated LLEAs along the route. 

The communications center must be capable 

of contacting the designated authorities along 

the shipment route. 

(2) For rail shipments, ensure that a twoway telecommunication capability is 

available between the train and the 

communications center and between any 

escort vehicles and the communications 

center. The communications center must be 

capable of contacting the designated 

authorities along the shipment route. 

d. A licensee may utilize a carrier or thirdparty communications center in lieu of 

establishing such a facility itself. A 

commercial communications center must 

have the capabilities, necessary procedures, 

training, and personnel background 

investigations to meet the applicable 

requirements of these ASMs. 

e. (1) For highway shipments, provide a 

backup means for the transport and any 

escort vehicle to communicate with the 

communications center, using a diverse 

method not subject to the same interference 

factors as the primary capability selected for 

compliance with Paragraph B.5.c. (e.g., twoway radio or portable telephone). 

(2) For rail shipments, provide a backup 

means for the train to talk with the 

communications center, using a diverse 

method not subject to the same interference 

factors as the primary capability selected for 

compliance with Paragraph B.5.c. (e.g., twoway radio or portable telephone). 

f. [This paragraph contains SAFEGUARDS 

INFORMATION and will not be publicly 

disclosed.] 

(1) Not later than one hour after the time 

when, through the course of the 

investigation, it is determined the shipment 

is lost or stolen, the licensee shall ensure the 

appropriate local law enforcement agency, 

the NRC Operations Center at (301) 816–

5100, and the appropriate Agreement State 

regulatory agency, if any, are notified. 

(2) If after 24 hours of initiating the 

investigation, the radioactive material cannot 

be located, licensee shall ensure the NRC 

Operations Center and, for Agreement State 

licensees, the appropriate Agreement State 

regulatory agency are immediately notified. 

g. [This paragraph contains SAFEGUARDS 

INFORMATION and will not be publicly 

disclosed.] 

6. Drivers and Accompanying Individuals 

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. [This paragraph contains SAFEGUARDS 

INFORMATION and will not be publicly 

disclosed.] 

d. [This paragraph contains SAFEGUARDS 

INFORMATION and will not be publicly 

disclosed.] 

7. Procedures, Training, and Control of 

Information 

a. (1) For highway shipments the licensee 

shall ensure that normal and contingency 

procedures have been developed, including, 

for example: Notifications, communications 

protocols, loss of communications, and 

response to actual, attempted, or suspicious 

activities related to theft, loss, diversion, or 

radiological sabotage of a shipment. 

Communication protocols must include a 

strategy for use of authentication and duress 

codes, provision for refueling or other stops, 

detours, and locations where communication 

is expected to be temporarily lost. 

(2) For rail shipments, the licensee shall 

ensure that normal and contingency 

procedures have been developed, including, 

for example: notifications, communications 

protocols, loss of communications, and 

response to actual, attempted, or suspicious 

activities related to theft, loss, diversion, or 

radiological sabotage of a shipment. 

Communication protocols must include a 

strategy for use of authentication and duress 

codes, provision for stops, and locations 

where communication is expected to be 

temporarily lost. 

b. (1) For highway shipments, the licensee 

shall ensure that personnel, including 

drivers, accompanying individuals, 

responsible communication center managers, 

and other appropriate communication center 

personnel are trained in and understand the 

normal and contingency procedures. 

(2) For rail shipments, the licensee shall 

ensure that personnel, including the 

appropriate train crew members and 

responsible railroad communication center 

managers, and other appropriate railroad 

communication center personnel are trained 

in and understand the normal and 

contingency procedures. 

c. Information to be protected as 

Safeguards Information—Modified Handling, 

shall include, but is not limited to: 

(1) Integrated transportation physical 

security plans. 

(2) Schedules and itineraries for 

shipments. For shipments that are not 

inherently self disclosing, schedule and 

itineraries information may be decontrolled 2 

days after a shipment is completed. For 

shipments that are inherently self disclosing, 

schedule may be released as necessary after 

departure. 

(3) Details of alarm and communications 

systems, communication protocols and 

duress codes, and security contingency 

response procedures. 

(4) Arrangements with designated LLEA 

(i.e., Federal, State Police, and/or local police 

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51022 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 

departments) and information on whether a 

State intends to provide armed escorts for a 

shipment. 

For preplanning; coordinating, for example 

with States’ organizations and carriers; 

reporting information as described in B.1., 

B.4., and B.5. related to shipments of 

radioactive material, and the radionuclides 

identified in Paragraph A.1, the licensee shall 

ensure the information is protected at least as 

sensitive information (for example, 

proprietary or business financial 

information). Licensees shall ensure access is 

restricted to this information to those 

licensee and contractor personnel with a 

need to know. Licensees shall ensure all 

parties receiving this information protect it 

similarly. Information may be transmitted 

either in writing or electronically and shall 

be marked as ‘‘Sensitive Information—Not for 

Public Disclosure.’’

C. Implementation Schedule 

1. Licensees shall implement the 

requirements of this ASM within 180 days of 

the date of issuance of the Order or before the 

first shipment of RAMQC, whichever is 

sooner. 

TABLE A—RADIONUCLIDES OF CONCERN

Radionuclide 

Quantity of concern (TBq) threshold limit 

Quantity of concern (Ci) information only—rounded after conversion 

Am-241 ........................................................................................................................................................ 60 1,600 

Am-241/Be ................................................................................................................................................... 60 1,600 

Cf-252 .......................................................................................................................................................... 20 540 

Cm-244 ........................................................................................................................................................ 50 1,400 

Co-60 ........................................................................................................................................................... 30 810 

Cs-137 ......................................................................................................................................................... 100 2,700 

Gd-153 ......................................................................................................................................................... 1,000 27,000 

Ir-192 ............................................................................................................................................................ 80 2,200 

Pm-147 ........................................................................................................................................................ 40,000 1,100,000 

Pu-238 ......................................................................................................................................................... 60 1,600 

Pu-239/Be .................................................................................................................................................... 60 1,600 

Ra-226 1 ....................................................................................................................................................... 40 1,100 

Se-75 ........................................................................................................................................................... 200 5,400 

Sr-90 (Y-90) ................................................................................................................................................. 1,000 27,000 

Tm-170 ......................................................................................................................................................... 20,000 540,000 

Yb-169 ......................................................................................................................................................... 300 8,100 

1The 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. 

Notes: 

1. The regulatory standard values to be 

used are given in Terabecquerels (TBq). Curie 

(Ci) values are provided for practical 

usefulness only and are rounded after 

conversion. 

2. If several radionuclides are present, the 

sum of the fractions of the activity of each 

radionuclide must be determined. Using the 

equation below calculate the ratio by 

inserting the actual activity of each 

radionuclide as the numerator and the 

corresponding activity limit in Table A as the 

denominator. Ensure the numerator and the 

denominator are in Terabecquerels. 

R1 = activity for radionuclide number 1 

R2 = activity for radionuclide number 2 

R3, R4, R5......etc. 

AR1 = activity limit for radionuclide number 

1 

AR2 = activity limit for radionuclide number 

2 

AR3, AR4, AR5......etc. 

R

AR

R

AR

R

AR

R

AR

n

n

1

1

2

2

3

3

+++≥ 1

Attachment C: 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 to RAMQC. 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 favorably-decided U.S. Government 

criminal history check 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 RAMQC. 

7. The Licensee shall document the basis 

for its determination whether to grant, or 

continue to allow, access to SGI or 

unescorted access to RAMQC. 

Prohibitions 

A Licensee shall not base a final 

determination to deny an individual access 

to radioactive materials solely on the basis of 


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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices 51023 

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 

RAMQC, 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, 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 

re-submission 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, email 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 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 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 RAMQC 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 RAMQC, the Licensee shall provide 

the individual its documented basis for 

denial. Access to SGI or unescorted access to 

RAMQC 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 RAMQC. No individual authorized 

to have access to the information may redisseminate the information to any other 

individual who does not have a need-toknow. 

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 re-disseminate 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 RAMQC. 

After the required three (3) year period, these 

documents shall be destroyed by a method 

that will prevent reconstruction of the 

information in whole or in part. 

[FR Doc. E8–20119 Filed 8–28–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–305] 

Dominion Energy Kewaunee, Inc.; 

Notice of Receipt and Availability of 

Application for Renewal of Kewaunee 

Power Station Facility Operating 

License No. DPR–43 for an Additional 

20-Year Period 

The U.S. Nuclear Regulatory 

Commission (NRC or Commission) has 

received an application, dated August 

12, 2008, from Dominion Energy 

Kewaunee, Inc., filed pursuant to 

Section 104b of the Atomic Energy Act 

of 1954, as amended, and Title 10 of the 

mstockstill on PROD1PC66 with NOTICES