ML24129A116
| ML24129A116 | |
| Person / Time | |
|---|---|
| Issue date: | 05/09/2024 |
| From: | Nadiyah Morgan NRC/NMSS/DMSST |
| To: | Gasco-Bentley R Little Traverse Bay Bands of Odawa, Michigan |
| Shared Package | |
| ML24129A117 | List: |
| References | |
| NUREG/BR-0362 | |
| Download: ML24129A116 (1) | |
Text
Regina Gasco-Bentley, Chairperson Little Traverse Bay Bands of Odawa Indians, Michigan 7500 Odawa Circle Harbor Springs, MI 49740
SUBJECT:
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS, MICHIGAN REQUEST TO RECEIVE ADVANCE NOTICE OF CERTAIN SHIPMENTS OF IRRADIATED REACTOR FUEL AND NUCLEAR WASTE PURSUANT TO TITLE 10 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 73.37 AND 71.97
Dear Chairperson Gasco-Bentley:
Thank you for your interest in participating in the U.S. Nuclear Regulatory Commissions (NRC)
Advance Notification Program. In accordance with Title 10 of the Code of Federal Regulation (10 CFR) Sections 73.37 and 71.97, this program affords the opportunity for Federally recognized Tribes to receive advance notification of certain shipments of irradiated reactor fuel and other nuclear wastes within or across the boundary of their reservation. The NRCs regulations require licensees to provide notifications to participating Tribal officials, or their designees.
To opt into the program, please submit the following information by letter to the NRC Tribal Liaison Program Manager, Nadiyah Morgan at 11545 Rockville Pike, Mail Stop: T-5B60, Rockville, MD 208521:
1.
Tribal official to assign a designee and alternate for receipt of the notifications and contact information. Also, the NRC requests contact information for the Tribal emergency response individual.
Example: I, [Name and Title] of the [Tribe], do hereby designate [Name and Title] and alternate [Name and Title], as the representatives of [Tribe] to receive notifications of certain shipments of irradiated reactor fuel and other nuclear wastes pursuant to Title 10 of the Code of Federal Regulation Sections 73.37 and 71.97. I have determined that these individuals have a need-to-know for this information and recognize that they may receive sensitive and/or safeguards information that will need to be appropriately handled. I understand that the NRC will publish this contact information in a future Federal Register notice and on the NRC website for access by licensees.
1 This information request has been approved by OMB 3150-0250 expiration 03/31/2025. The estimated burden per response to comply with this voluntary collection is approximately 5.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br />. Comments regarding this collection may be submitted to the FOIA, Library and Information Collections Branch, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by e-mail to infocollects.resource@nrc.gov, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202 (3150-0250),
Office of Management and Budget, Washington, DC 20503. If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.
May 9, 2024
Contact Information:
Primary Alternate Emergency
Response
Name Title Organization (if appropriate)
Mailing Address Phone Number(s)
Fax Number Email Address The Tribal official and designees are relieved from the fingerprinting; identification and criminal history records checks; and other elements of background checks and fingerprinting checks as described in 10 CFR 73.59.
2.
Tribal official to provide a written statement that certifies the following for each designee:
(1) necessary protection measures are in place and will be implemented for safeguards, as described in NUREG/BR-0362, Protection of Safeguards Information: Requirements for Tribes Participating in the Advance Notification of Irradiated Reactor Fuel Shipments (Agencywide Documents Access and Management System [ADAMS] Accession No. ML12283A116) in enclosure 1; and (2) completion of the self-directed course, Safeguards Information (SGI) Awareness Training (ADAMS No. ML16083A340) in enclosure 2.
Certain information provided for shipments of irradiated reactor fuel is considered SGI under the NRC regulations, which is a special category of sensitive unclassified information that must be protected against unauthorized disclosure and shared only on a need-to-know basis. Tribes may develop implementing procedures for protecting SGI, but these procedures do not require NRC review and approval for participation in the advance notification program.
3.
Tribal official to verify the provided map of the Tribal reservation. Enclosure 3 consists of a map identifying the Little Traverse Bay Bands of Odawa Indians, Michigan reservation boundaries and any NRC approved transportation routes. Data from the U.S.
Census Bureau was used to develop the map. Please review the map and submit changes if needed. The map will be posted to the NRC website and used by NRC licensees to determine if Tribal notification is required.
The NRC is committed to enhancing Tribal engagement and appreciates your interest in the NRCs Advance Notification Program. If you have any questions, please contact me at Nadiyah.Morgan@nrc.gov or 301-415-5836.
Sincerely, Nadiyah S. Morgan Tribal Liaison Program Manager Tribal Relations Team Division of Material Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosures:
1.
NUREG/BR-0362, Protection of Safeguards Information: Requirements for Tribes Participating in the Advance Notification of Irradiated Reactor Fuel Shipments 2.
Safeguards Information (SGI)
Awareness Training 3.
Little Traverse Bay Bands of Odawa Indians, Michigan Reservation Map cc:
Traven Michaels Environmental Response Specialist Signed by Morgan, Nadiyah on 05/09/24
ML24129A117; Ltr ML24129A116 OFFICE NMSS/MSST NAME NMorgan DATE May 9, 2024
Protection of Safeguards Information Requirements for Tribes Participating in the Advance Notification of Irradiated Reactor Fuel Shipments
General Requirement Information and material that meets the criteria set forth in Title 10 of the Code of Federal Regulations (10 CFR) 73.21, Protection of Safeguards Information: Performance Requirements, must be protected from unauthorized disclosure. The U.S. Nuclear Regulatory Commission (NRC) has determined that the information contained in the advance notification for shipments of irradiated reactor fuel and certain nuclear wastes is designated as Safeguards Information (SGI) due to its security significance. Each person who produces, receives, or acquires SGI shall ensure that it is protected against unauthorized disclosure. To meet this requirement, organizations and persons shall establish, implement, and maintain a system to protect SGI consistent with the requirements set forth in 10 CFR 73.21.
Persons Subject to These Requirements Any person who produces, receives, or acquires SGIregardless of whether he or she is a member of an entity or organization that the NRC regulatesis subject to the requirements (and sanctions) of 10 CFR 73.21. An organization or person that possesses SGI must inform contractors and suppliers that handle SGI of the existence of regulatory requirements and the need for proper protection (see additional guidance prescribed by 10 CFR 73.22 and referenced within this guidance document below). Federal, State, Tribal, or local law enforcement agencies with access to SGI also are subject to the regulatory requirements of 10 CFR 73.21. However, the NRC presumes that these law enforcement agencies have adequate information protection systems. The requirements under which entities may transfer information to a third party (i.e., on a need-to-know basis), still apply to law enforcement agencies, as do sanctions for unlawful disclosure. Entities or organizations that have arrangements with law enforcement agencies should advise them of the existence of the information protection requirements under 10 CFR 73.22 Protection of Safeguards Information:
Specific Requirements.
2 United States Nuclear Regulatory Commission
Criminal and Civil Sanctions The Atomic Energy Act of 1954, as amended, (AEA, the Act), Section 147a, explicitly provides that any person, whether or not a licensee of the Commission, who violates any regulations adopted under this section shall be subject to the civil monetary penalties of section 234 of this Act. Furthermore, willful violation of any regulation or Order governing SGI is a felony subject to criminal penalties in the form of fines or imprisonment, or both. (See Sections 147b and 223 of the Act.)
Information to be Protected The types of information and documents that must be protected as SGI are described in 10 CFR 73.22(a) and include, but are not limited to, nonpublic, security-related requirements such as the following:
(1) Physical protection. This requirement includes non-public security related information not classified as Restricted Data or National Security Information about physical protection of source, byproduct, or special nuclear material.
(2) Physical protection in transit. This requirement includes information about the transportation of, or delivery to a carrier for transportation of, irradiated reactor fuel, including the following:
(i) Schedules and itineraries for specific shipments of source material, byproduct material, high-level nuclear waste, or irradiated reactor fuel. Schedules for shipments of source material, byproduct material, high-level nuclear waste, or irradiated reactor fuel are no longer controlled as SGI 10 days after the last shipment of a current series.
(ii) Arrangements with and specific capabilities of local police response forces (information that is not already publicly available) and locations of safe havens identified along the transportation route.
Protection of Safeguards Information 3
Conditions for Access Consistent with the requirements set forth in 10 CFR 73.22(b), to gain access to SGI for its employees, agents, or contractors, an entity or organization must have an appropriate need-to-know determination from the possessor of the SGI, a Federal Bureau of Investigation (FBI) fingerprint criminal-history records check, and be deemed trustworthiness and reliability based on a background check. The Tribal official, Tribal officials designated representative, and Tribal law enforcement personnel are relieved from the requirement for an FBI fingerprint criminal-history records check and other elements of the background check prior to being granted access to SGI information.
The NRC has determined that Tribal officials, Tribal officials designated representatives, and Tribal law enforcement personnel who are designated to receive advance notifications for shipments of irradiated reactor fuel and certain nuclear wastes that may be transported within or across Tribal reservations have established a need to know for access to SGI.
Protection While in Use Consistent with the requirements set forth in 10 CFR 73.22(c), while in use, SGI shall be under the control of an authorized individual who meets the requirements for access to SGI. The primary consideration is limiting SGI access to those who have authorized access and an established need-to-know for the information. For Tribes, this individual is the person that has met the SGI access requirements and is designated by the Tribal official to receive the advance notifications for shipments of irradiated reactor fuel and certain nuclear wastes that may be transported within or across Tribal reservations.
Protection While in Storage Consistent with the requirements set forth in 10 CFR 73.22(c), while unattended, SGI shall be stored in an approved security storage container, meaning (1) a steel filing cabinet (located within a controlled access facility) equipped with a steel locking bar and a three-position, changeable combination GSA approved padlock, or (2) a security filing cabinet 4 United States Nuclear Regulatory Commission
marked General Services Administration Approved Security Container on the exterior of the top drawer or door. Entities shall limit knowledge of lock combinations or access to keys protecting SGI to a minimum number of personnel who have a need-to-know for operating purposes and are otherwise authorized access to SGI in accordance with regulatory requirements. Entities shall strictly control access to lock combinations or keys to prevent their disclosure or release to an unauthorized individual.
Reproduction of Matter Containing SGI Consistent with the requirements set forth in 10 CFR 73.22(e), possessors of SGI may reproduce it to the minimum extent necessary without permission of the originator. Digital copiers that scan and retain images of documents represent a potential security concern. Entities and organizations must evaluate copiers used to reproduce SGI to ensure that unauthorized personnel cannot obtain SGI through memory retention or network connectivity. Organizations should clearly identify copiers used to reproduce SGI as being approved for the reproduction of SGI and place them in a location that discourages surreptitious use and ensures control over the machines immediate proximity.
Transportation of Documents and Other Matter Consistent with the requirements set forth in 10 CFR 73.22(f), when transporting documents containing SGI outside an authorized place of use or storage, possessors of the information shall enclose it in two sealed envelopes or wrappers. The inner envelope or wrapper shall contain the name and address of the intended recipient and be marked on both sides, top and bottom, with the words Safeguards Information.
The outer envelope or wrapper must be opaque, contain the address of the intended recipient and the address of the sender, and must not bear any markings or indication that the envelope or wrapper contains SGI.
Any commercial delivery company that offers computerized tracking features may transport SGI (U.S. First Class, Registered, Express, or Certified Mail). Any individual authorized access under regulatory requirements may also transport SGI. Within a facility, individuals may transport SGI in a single opaque envelope or wrapperor without single Protection of Safeguards Information 5
or double wrappingprovided that employees take adequate measures to protect the material against unauthorized disclosure. Individuals who transport SGI should keep the documents in their personal possession at all times or ensure that the information is appropriately secured to prevent unauthorized disclosure.
Processing of SGI on Electronic Systems Consistent with the requirements set forth in 10 CFR 73.22(g), entities and organizations may transmit SGI over an open network, provided that the e-mail system encrypts messages on a standalone computer or computer system using a method that the NRC has approved. In such instances, the organization will select a commercially available encryption system that the National Institute of Standards and Technology (NIST) has validated as conforming to Federal Information Processing Standard (FIPS) 140-2, Security Requirements for Cryptographic Modules, or later. Request for the approval of a selected encryption system must be forwarded to the NRC prior to use for encrypting and transmitting SGI.
The NRC only approves encryption methods for SGI that meet FIPS 140-2 or later. NIST maintains a listing of all validated encryption systems at http://csrc.nist.gov/cryptval/140-1/1401val.htm.
Telecommunications Consistent with the requirements set forth in 10 CFR 73.22(f),
organizations may not transmit SGI over unprotected telecommunications circuits except under emergency or extraordinary conditions. Only an NRC-approved secure electronic device, such as a secure facsimile or secure telephone device, shall transmit SGI outside an authorized place of use or storage, provided that the transmitter and receivers implement procedures that will ensure that SGI is protected before and after the transmission or e-mail. For the purpose of this requirement, emergency or extraordinary conditions are defined as any circumstances that require immediate communications to report, summon assistance for, or respond to a security event (or an event that has potential security significance).
6 United States Nuclear Regulatory Commission
Destruction Consistent with the requirements set forth in 10 CFR 73.22(i), possessors of documents containing SGI shall destroy them when they are no longer needed. Burning and shredding are acceptable methods of destruction that prevent members of the public at large from reconstructing documents by means available to them. A document is considered completely destroyed when it is in pieces measuring one-quarter inch or smaller and mixed with several pages or documents. The pieces, when measured, must not be wider than one-quarter inch vertically or horizontally.
Additional information on the protection of SGI is available in Regulatory Guide 5.79, PROTECTION OF SAFEGUARDS INFORMATION, which is available on the NRC website at http://pbadupws.nrc.gov/docs/ML1032/ML103270219.pdf Protection of Safeguards Information 7
U.S. Nuclear Regulatory Commission NUREG/BR-0362 October 2012
Safeguards Information (SGI)
Awareness Training U.S. Nuclear Regulatory Commission
Atomic Energy Act Describes Safeguards Information (SGI) as a special category of sensitive unclassified information authorized by Section 147 of the Atomic Energy Act, of 1954, as amended. SGI must be protected from unauthorized disclosure.
Definition SGI is information that is not National Security Information or Restricted Data. Its information that specifically identifies a NRC licensees detailed:
- 1) Security measures for the physical protection of source, byproduct, or special nuclear material, or
- 2) Security measures for the physical protection and location of certain plant equipment vital to the safety of NRC licensed facilities See 10 CFR 73.2
NRC Requirements The criteria for designating special nuclear material and power reactor information as SGI, restricting access to it, and the protections for SGI are codified in Section 73.22 of Title 10 of the Code of Federal Regulations (10 CFR 73.22)
Who is covered by the Atomic Energy Act?
Any person, whether or not a licensee of the NRC, who produces, receives, or acquires SGI is subject to the requirements (and sanctions) of the Atomic Energy Act of 1954, as amended See 10 CFR 73.21
Penalties for Unauthorized Disclosure Inadequate protection of SGI, including inadvertent release or unauthorized disclosure, can result in civil and/or criminal penalties (The Atomic Energy Act)
See the Atomic Energy Act of 1954, as amended, Section 147
Penalties for Unauthorized Disclosure Furthermore, willful violation of any regulation or order governing SGI is a felony subject to criminal penalties in the form of fines or imprisonment, or both See the Atomic Energy Act of 1954, as amended, Section 147
Conditions for Access Access to SGI requires both a need-to-know and a determination that the proposed recipient is trustworthy and reliable. This is normally accomplished through a FBI fingerprint criminal history records check and a background check.
Background check examines
- Employment History
- Education
- Personal References See 10 CFR 73.22(b)
Background Check Exemptions Fingerprinting, and the identification and criminal history records checks required by Section 149 of the Atomic Energy Act of 1954, as amended, and other elements of background checks are not required for the following individuals prior to granting access to SGI as defined in 10 CFR 73.2:
- Tribal officials or the Tribal officials designated representative and Tribal law enforcement personnel Note: Despite exemption from the fingerprint and background check requirement, a need-to-know determination must be made prior to granting access to SGI See 10 CFR 73.59(l)
Need-to-Know A determination by a person having responsibility for protecting SGI (typically the person possessing the SGI) that a proposed recipients access is necessary for the performance of official, contractual, or licensee duties of employment See 10 CFR 73.22(b)
Tribal Official Expected Interactions with SGI Take receipt Review/Use Storage Reproduce Share/Transmit Destroy See 10 CFR 71.97 and 73.37
Protection Requirements While in Use Under the control of an authorized individual Requirement is satisfied if the SGI is attended by an authorized individual even though the information is, in fact, not constantly being used (SGI Cover Sheet or other method to shield the text should be used)
See 10 CFR 73.22(c)
Protection Requirements While in Storage Stored in an approved security storage container Within a protected or controlled access area:
- a steel filing cabinet equipped with a steel locking bar and a 3-position, changeable combination, General Services Administration (GSA) approved padlock Outside of a protected or controlled access area:
- A Security filing cabinet that bears a Test Certification Label on the side of the locking drawer, or interior place, and is marked GSA Approved Security Container Knowledge of lock combinations or access to keys protecting SGI should be limited to a minimum number of authorized personnel with a "need-to-know" Access to lock combinations or keys should be strictly controlled to prevent unauthorized disclosure of information See 10 CFR 73.22(c)
Transportation of SGI Documents Outside of facility When transported outside an authorized place of use or storage
- Enclosed in two sealed envelopes or wrappers Inner envelope or wrapper contains the name and address of the intended recipient, marked both sides, top and bottom with the words "Safeguards Information" See 10 CFR 73.22(f)
Transportation of SGI Documents Outer envelope or wrapper addressed to the intended recipient, address of the sender, not contain any markings or indication that the envelope or wrapper contains SGI Transported by commercial delivery company providing nation-wide overnight service with computer tracking features, US first class, registered, express, or certified mail, or by any individual authorized access Within a facility Transported using a single opaque envelope or wrapper See 10 CFR 73.22(f)
Preparation and Marking of Documents Marked "Safeguards Information" in a conspicuous manner on the top and bottom of each page to indicate the presence of protected information First page of SGI Document also contains
- (i) the name, title, and organization of the individual authorized to make a SGI determination, and who determined the document contains SGI;
- (ii) the date the document was originated or the SGI determination made;
- (iii) an indication that unauthorized disclosure is subject to civil and criminal sanctions See 10 CFR 73.22(d)
Preparation and Marking of Documents (continued)
Transmittal letters or memoranda which do not contain SGI are marked to indicate that attachments or enclosures contain SGI but that the transmittal document does not (e.g., "When separated from SGI enclosure(s), this document is decontrolled)
Each item of correspondence should clearly indicate which portions contain SGI and which portions do not; however, portion marking is only required for correspondence to and from the NRC See 10 CFR 73.22(f)
Removal from SGI Category Removed from SGI category (decontrolled) only after a determination is made that the information no longer meets the SGI criteria Authority to determine if a document/information can be removed from SGI category is exercised by the NRC, with the NRC approval, or in consultation with the individual (or organization) making original SGI determination Indicate name and organization of individual removing document from SGI category and date of removal Reasonable effort should be made to notify other persons who have the document in their possession, that the document has been downgraded See 10 CFR 73.22(h)
Reproduction of Documents Containing SGI Reproduced to the minimum extent necessary, consistent with a need-to-know without permission of the originator Reproduction equipment must be evaluated to ensure that unauthorized persons cannot access the SGI through retained memory or network connectivity See 10 CFR 73.22(e)
Destruction of Matter Containing SGI Destroyed by means approved for classified information or by tearing into small pieces, burning, shredding or any other method that precludes reconstruction by means available to the public at large (piece sizes no wider than one quarter (1/4) inch composed of several pages or documents and thoroughly mixed would be considered completely destroyed)
See 10 CFR 73.22(i)
Use of Electronic Systems Processed or produced on a stand-alone computer system.
Stand-alone means a computer or computer system with which access is limited to individuals that are approved for access to SGI. The stand-alone computer may not be connected to a network that is accessible to individuals that are not approved for access to SGI Removable media containing SGI must be labeled "Safeguards Information" and stored in approved security storage container See 10 CFR 73.22(d) and 73.22(g)
Use of Electronic Systems If SGI is produced on a typewriter, the ribbon must be removed and stored in the same manner as other SGI (i.e.
marked and placed in an approved storage container)
SGI files may be transmitted over a network if the file is encrypted
- Encryption must take place on a stand-alone computer
- Encryption standard: (Federal Information Processing Standards (FIPS) 140-2 or later.)
See 10 CFR 73.22(f)
Telecommunications Infrequent or non-repetitive telephone conversations regarding a physical security plan or program are permitted provided discussion is general in nature Individuals should use care when discussing SGI at meetings or in the presence of others to ensure that SGI is not inadvertently released or compromised SGI may only be transmitted over secure electronic devices that employ encryption approved by the NRC See 10 CFR 73.22(f)
No Comment Policy Occasionally, sensitive information appears in the public domain without authorization Your response to questions raised about the accuracy, SGI designation, and/or technical merit of such information should be no comment
Questions?
Forward questions regarding SGI and its protection requirements to:
U.S. NRC Office of Nuclear Security and Incident Reponse Division of Security Operations Information Security Branch (301) 415-2278 or (301) 415-2214 Q
Douglas Lake Dingman Marsh Pleasant View Swamp Lake Michigan Burt Lake Lake Huron
£
31
£
23
£
31
£
131 U
V 119 U
V 75 U
V 75 U
V 108 U
V 108 U
V 68 U
V 66
§¨ 75
§¨ 75 Mackinaw City Alanson Harbor Springs Pellston Bay View Bay Shore Brutus Carp Lake Cross Village Conway Levering Oden Ponshewaing Horton Bay Ironton Walloon Lake Petoskey Charlevoix County Emmet County Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay Little Traverse Bay 84°50'W 84°50'W 85°0'W 85°0'W 85°10'W 85°10'W 45°50'N 45°50'N 45°40'N 45°40'N 45°30'N 45°30'N 45°20'N 45°20'N Legend NRC Approved Transportation Routes Little Traverse Bay Reservation Lands Little Traverse Bay Off-Reservation Trust Lands 0
5 10 1
2 3
4 Miles
- There are no currently active approved routes within the area of this map.
µ Lake Michigan Delta County St. Martin Island Little Traverse Bay Lake Michigan St. James Charlevoix County Beaver Island Little Traverse Bay 0
4,000 2,000 Feet 0
2,000 1,000 Feet