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Federal Register / Vol. 72, No.

50 / Thursday, March 15, 2007 / Notices 12209

fingerprint impressions cannot be Washington, DC 20537–9700 (as set applicable physical characteristics for
classified. The one free re-submission forth in 28 CFR part 16.30 through identification purposes.
must have the FBI Transaction Control 16.34). In the latter case, the FBI 4. The Licensee shall make criminal
Number reflected on the re-submission. forwards the challenge to the agency history records, obtained under this
If additional submissions are necessary, that submitted the data and requests section, available for examination by an
they will be treated as initial submittals that agency to verify or correct the authorized representative of the NRC to
and will require a second payment of challenged entry. Upon receipt of an determine compliance with the
the processing fee. official communication directly from regulations and laws.
Fees for processing fingerprint checks the agency that contributed the original 5. The Licensee shall retain all
are due upon application. Licensees information, the FBI Identification fingerprint and criminal history records
shall submit payment with the Division makes any changes necessary received from the FBI, or a copy if the
application for processing fingerprints in accordance with the information individual’s file has been transferred,
by corporate check, certified check, supplied by that agency. The Licensee for three (3) years after termination of
cashier’s check, money order, or must provide at least ten (10) days for employment or denial to unescorted
electronic payment, made payable to an individual to initiate an action access to the panoramic or underwater
‘‘U.S. NRC.’’ [For guidance on making challenging the results of an FBI irradiator sealed sources. After the
electronic payments, contact the criminal history records check after the required three (3) year period, these
Facilities Security Branch, Division of record is made available for his/her documents shall be destroyed by a
Facilities and Security, at (301) 415– review. The Licensee may make a final method that will prevent reconstruction
7404]. Combined payment for multiple determination on unescorted access to of the information in whole or in part.
applications is acceptable. The the panoramic or underwater irradiator [FR Doc. E7–4735 Filed 3–14–07; 8:45 am]
application fee (currently $27) is the sealed sources based upon the criminal BILLING CODE 7590–01–P
sum of the user fee charged by the FBI history record only upon receipt of the
for each fingerprint card or other FBI’s ultimate confirmation or
fingerprint record submitted by the NRC correction of the record. Upon a final NUCLEAR REGULATORY
on behalf of a Licensee, and an NRC adverse determination on unescorted COMMISSION
processing fee, which covers access to the panoramic or underwater
administrative costs associated with irradiator sealed sources, the Licensee [EA–07–051]
NRC handling of Licensee fingerprint shall provide the individual its
submissions. The Commission will In the Matter of All Licensees Identified
documented basis for denial. in Attachment 1 to Order EA–07–050
directly notify Licensees who are Unescorted access to the panoramic or
subject to this regulation of any fee and All Other Persons Who Seek or
underwater irradiator sealed sources Obtain Access to Safeguards
changes. shall not be granted to an individual
The Commission will forward to the Information Described Herein; Order
during the review process. Imposing Fingerprinting and Criminal
submitting Licensee all data received
from the FBI as a result of the Licensee’s Protection of Information History Records Check Requirements
application(s) for criminal history for Access to Safeguards Information
1. Each Licensee who obtains a (Effective Immediately)
checks, including the FBI fingerprint
criminal history record on an individual
record.
pursuant to this Order shall establish I
Right To Correct and Complete and maintain a system of files and The Licensees identified in
Information procedures for protecting the record and Attachment 1 1 to Order EA–07–050 are
Prior to any final adverse the personal information from applicants for, or hold licenses issued in
determination, the Licensee shall make unauthorized disclosure. accordance with the Atomic Energy Act
available to the individual the contents 2. The Licensee may not disclose the (AEA) of 1954, as amended, by the U.S.
of any criminal records obtained from record or personal information collected Nuclear Regulatory Commission (NRC
the FBI for the purpose of assuring and maintained to persons other than or Commission) or Agreement States,
correct and complete information. the subject individual, his/her authorizing them to engage in an
Written confirmation by the individual representative, or to those who have a activity subject to regulation by the
of receipt of this notification must be need to access the information in Commission or Agreement States. On
maintained by the Licensee for a period performing assigned duties in the August 8, 2005, the Energy Policy Act
of one (1) year from the date of the process of determining unescorted of 2005 (EPAct) was enacted. Section
notification. access to the panoramic or underwater 652 of the EPAct amended Section 149
If, after reviewing the record, an irradiator sealed sources. No individual of the AEA to require fingerprinting and
individual believes that it is incorrect or authorized to have access to the a Federal Bureau of Investigation (FBI)
incomplete in any respect and wishes to information may re-disseminate the identification and criminal history
change, correct, or update the alleged information to any other individual who records check of any person who is to
deficiency, or to explain any matter in does not have a need-to-know. be permitted to have access to
the record, the individual may initiate 3. The personal information obtained Safeguards Information (SGI).2 The
challenge procedures. These procedures on an individual from a criminal history NRC’s implementation of this
include either direct application by the record check may be transferred to requirement cannot await the
individual challenging the record to the another Licensee if the Licensee holding completion of the SGI rulemaking,
agency (i.e., law enforcement agency) the criminal history record receives the
that contributed the questioned individual’s written request to re-
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1 Attachment 1 to Order EA–07–050 contains

information, or direct challenge as to the disseminate the information contained sensitive information and will not be released to the
accuracy or completeness of any entry in his/her file, and the gaining Licensee public.
2 Safeguards Information is a form of sensitive,
on the criminal history record to the verifies information such as the unclassified, security-related information that the
Assistant Director, Federal Bureau of individual’s name, date of birth, social Commission has the authority to designate and
Investigation Identification Division, security number, sex, and other protect under section 147 of the AEA.

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12210 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices

which is underway, because the EPAct as necessary to prohibit the on fingerprinting and an FBI
fingerprinting and criminal history unauthorized disclosure of SGI. identification and criminal history
records check requirements for access to Furthermore, Section 652 of the EPAct records check, that the person may not
SGI were immediately effective upon amended Section 149 of the AEA to have access to SGI.
enactment of the EPAct. Although the require fingerprinting and an FBI B. No person may provide SGI to any
EPAct permits the Commission by rule identification and a criminal history other person except in accordance with
to except certain categories of records check of each individual who Condition III.A. above. Prior to
individuals from the fingerprinting seeks access to SGI. In addition, no providing SGI to any person, a copy of
requirement, which the Commission has person may have access to SGI unless this Order shall be provided to that
done [see 10 CFR part 73.59, 71 FR the person has an established need-to- person.
33,989 (June 13, 2006))], it is unlikely know the information and satisfies the C. All Licensees identified in
that licensee employees or others are trustworthy and reliability requirements Attachment 1 to Order EA–07–050 shall
excepted from the fingerprinting described in Attachment 3 to Order EA– comply with the following
requirement by the ‘‘fingerprinting 07–050. requirements:
relief’’ rule. Individuals relieved from In order to provide assurance that the 1. The Licensee shall, within twenty
fingerprinting and criminal history Licensees identified in Attachment 1 to (20) days of the date of this Order,
records checks under the relief rule Order EA–07–050 are implementing establish and maintain a fingerprinting
include Federal, State, and local appropriate measures to comply with program that meets the requirements of
officials and law enforcement the fingerprinting and criminal history Attachment 1 to this Order.
personnel; Agreement State inspectors records check requirements for access to 2. The Licensee shall, within twenty
who conduct security inspections on SGI, all Licensees identified in (20) days of the date of this Order,
behalf of the NRC; members of Congress Attachment 1 to Order EA–07–050 shall submit the fingerprints of one (1)
and certain employees of members of implement the requirements of this individual who (a) the Licensee
Congress or Congressional Committees, Order. In addition, pursuant to 10 CFR nominates as the ‘‘reviewing official’’
and representatives of the International 2.202, I find that in light of the common for determining access to SGI by other
Atomic Energy Agency (IAEA) or certain defense and security matters identified individuals, and (b) has an established
foreign government organizations. In above, which warrant the issuance of need-to-know the information and has
addition, individuals who have a this Order, the public health, safety and been determined to be trustworthy and
favorably-decided U.S. Government interest require that this Order be reliable in accordance with the
criminal history records check within effective immediately. requirements described in Attachment 3
the last five (5) years, or individuals III to Order EA–07–050. The NRC will
who have active Federal security Accordingly, pursuant to Sections 81, determine whether this individual (or
clearances (provided in either case that 147, 149, 161b, 161i, 161o, 182 and 186 any subsequent reviewing official) may
they make available the appropriate of the Atomic Energy Act of 1954, as have access to SGI and, therefore, will
documentation), have satisfied the amended, and the Commission’s be permitted to serve as the Licensee’s
EPAct fingerprinting requirement and regulations in 10 CFR 2.202, 10 CFR reviewing official.4 The Licensee may,
need not be fingerprinted again. Parts 30 and 73, it is hereby ordered, at the same time or later, submit the
Therefore, in accordance with Section effective immediately, that all licensees fingerprints of other individuals to
149 of the AEA, as amended by the identified in attachment 1 to order EA– whom the Licensee seeks to grant access
EPAct, the Commission is imposing 07–050 and all other persons who seek to SGI. Fingerprints shall be submitted
additional requirements for access to or obtain access to safeguards and reviewed in accordance with the
SGI, as set forth by this Order, so that information, as described above, shall procedures described in Attachment 1
affected licensees can obtain and grant comply with the requirements set forth of this Order.
access to SGI. This Order also imposes in this order. 3. The Licensee shall, in writing,
requirements for access to SGI by any A. 1. No person may have access to within twenty (20) days of the date of
person, from any person,3 whether or SGI unless that person has a need-to- this Order, notify the Commission, (1) if
not a Licensee, Applicant, or Certificate know the SGI, has been fingerprinted or it is unable to comply with any of the
Holder of the Commission or Agreement who has a favorably-decided FBI requirements described in this Order,
States. identification and criminal history including Attachment 1 to this Order, or
records check, and satisfies all other (2) if compliance with any of the
II
applicable requirements for access to requirements is unnecessary in its
The Commission has broad statutory SGI. Fingerprinting and the FBI specific circumstances. The notification
authority to protect and prohibit the identification and criminal history shall provide the Licensee’s justification
unauthorized disclosure of SGI. Section records check are not required, for seeking relief from or variation of
147 of the AEA grants the Commission however, for any person who is relieved any specific requirement.
explicit authority to issue such Orders from that requirement by 10 CFR 73.59 Licensee responses to C.1., C.2., and
[(71 FR 33,989 (June 13, 2006))], or who C.3. above shall be submitted to the
3 Person means (1) any individual, corporation,
has a favorably-decided U.S. Director, Office of Federal and State
partnership, firm, association, trust, estate, public
or private institution, group, government agency Government criminal history records Materials and Environmental
other than the Commission or the Department of check within the last five (5) years, or Management Programs, U.S. Nuclear
Energy, except that the Department of Energy shall who has an active Federal security Regulatory Commission, Washington,
be considered a person with respect to those DC 20555. In addition, Licensee
facilities of the Department of Energy specified in clearance, provided in the latter two
cases that the appropriate responses shall be marked as ‘‘Security-
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section 202 of the Energy Reorganization Act of


1974 (88 Stat. 1244), any State or any political documentation is made available to the
subdivision of, or any political entity within a State, Licensee’s NRC-approved reviewing
4 The NRC’s determination of this individual’s

any foreign government or nation or any political access to SGI in accordance with the process
subdivision of any such government or nation, or official. described in Enclosure 5 to the transmittal letter of
other entity; and (2) any legal successor, 2. No person may have access to any this Order is an administrative determination that
representative, agent, or agency of the foregoing. SGI if the NRC has determined, based is outside the scope of this Order.

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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12211

Related Information—Withhold Under If a hearing is requested by the the individual of the procedures for
10 CFR 2.390.’’ Licensee or a person whose interest is revising the record or including an
The Director, Office of Federal and adversely affected, the Commission will explanation in the record, as specified
State Materials and Environmental issue an Order designating the time and in the ‘‘Right to Correct and Complete
Management Programs, may, in writing, place of any hearing. If a hearing is held, Information’’ section of this attachment.
relax or rescind any of the above the issue to be considered at such 3. Fingerprints need not be taken if an
conditions upon demonstration of good hearing shall be whether this Order employed individual (e.g., a Licensee
cause by the Licensee. should be sustained. employee, contractor, manufacturer, or
Pursuant to 10 CFR 2.202(c)(2)(i), the supplier) is relieved from the
IV Licensee may, in addition to demanding fingerprinting requirement by 10 CFR
In accordance with 10 CFR 2.202, the a hearing, at the time the answer is filed Part 73.59, has a favorably-decided U.S.
Licensee must, and any other person or sooner, move the presiding officer to Government criminal history records
adversely affected by this Order may, set aside the immediate effectiveness of check within the last five (5) years, or
submit an answer to this Order, and the Order on the ground that the Order, has an active federal security clearance.
may request a hearing on this Order, including the need for immediate Written confirmation from the Agency/
within twenty (20) days of the date of effectiveness, is not based on adequate employer which granted the federal
this Order. Where good cause is shown, evidence but on mere suspicion, security clearance or reviewed the
consideration will be given to extending unfounded allegations, or error. In the criminal history records check must be
the time to request a hearing. A request absence of any request for hearing, or provided. The Licensee must retain this
for extension of time in which to submit written approval of an extension of time documentation for a period of three (3)
an answer or request a hearing must be in which to request a hearing, the years from the date the individual no
made in writing to the Director, Office provisions as specified above in Section longer requires access to SGI associated
of Federal and State Materials and III shall be final twenty (20) days from with the Licensee’s activities.
Environmental Management Programs, the date of this Order without further 4. All fingerprints obtained by the
U.S. Nuclear Regulatory Commission, order or proceedings. If an extension of Licensee pursuant to this Order must be
Washington, DC 20555, and include a time for requesting a hearing has been submitted to the Commission for
statement of good cause for the approved, the provisions as specified transmission to the FBI.
above in Section III shall be final when 5. The Licensee shall review the
extension. The answer may consent to
the extension expires if a hearing information received from the FBI and
this Order. Unless the answer consents
request has not been received. An consider it, in conjunction with the
to this Order, the answer shall, in
answer or a request for hearing shall not trustworthy and reliability requirements
writing and under oath or affirmation,
stay the immediate effectiveness of this included in Attachment 3 to this Order,
specifically set forth the matters of fact
Order. in making a determination whether to
and law on which the Licensee or other
Dated this 8th day of March 2007. grant access to SGI to individuals who
person adversely affected relies and the
have a need-to-know the SGI.
reasons as to why the Order should not For The Nuclear Regulatory Commission.
6. The Licensee shall use any
have been issued. Any answer or Charles L. Miller, information obtained as part of a
request for a hearing shall be submitted Director, Office of Federal and State Materials criminal history records check solely for
to the Secretary, Office of the Secretary, and Environmental Management Programs.
the purpose of determining an
U.S. Nuclear Regulatory Commission, Attachment 1: Requirements for individual’s suitability for access to SGI.
ATTN: Rulemakings and Adjudications Fingerprinting and Criminal History 7. The Licensee shall document the
Staff, Washington, DC 20555. Copies Records Checks of Individuals When basis for its determination whether to
also shall be sent to the Director, Office Licensee’s Reviewing Official is grant access to SGI.
of Federal and State Materials and Determining Access to Safeguards B. The Licensee shall notify the NRC
Environmental Management Programs, Information. of any desired change in reviewing
U.S. Nuclear Regulatory Commission, Requirements for Fingerprinting and officials. The NRC will determine
Washington, DC 20555, and to the Criminal History Records Checks of whether the individual nominated as
Assistant General Counsel for Materials Individuals When Licensee’s Reviewing the new reviewing official may have
Litigation and Enforcement at the same Official is Determining Access to access to SGI based on a previously-
address, and to the Licensee if the Safeguards Information. obtained or new criminal history check
answer or hearing request is by a person and, therefore, will be permitted to
other than the Licensee. Because of General Requirements serve as the Licensee’s reviewing
possible delays in delivery of mail to Licensees shall comply with the official.
United States Government offices, it is requirements of this attachment.
requested that answers and requests for A. 1. Each Licensee subject to the Prohibitions
hearing be transmitted to the Secretary provisions of this attachment shall A Licensee shall not base a final
of the Commission either by means of fingerprint each individual who is determination to deny an individual
facsimile transmission to 301–415–1101 seeking or permitted access to access to SGI solely on the basis of
or by e-mail to hearingdocket@nrc.gov Safeguards Information (SGI). The information received from the FBI
and also to the Office of the General Licensee shall review and use the involving: An arrest more than one (1)
Counsel either by means of facsimile information received from the Federal year old for which there is no
transmission to 301–415–3725 or by e- Bureau of Investigation (FBI) and ensure information of the disposition of the
mail to OGCMailCenter@nrc.gov. If a that the provisions contained in the case, or an arrest that resulted in
person other than the Licensee requests subject Order and this attachment are dismissal of the charge or an acquittal.
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a hearing, that person shall set forth satisfied. A Licensee shall not use information
with particularity the manner in which 2. The Licensee shall notify each received from a criminal history check
his/her interest is adversely affected by affected individual that the fingerprints obtained pursuant to this Order in a
this Order and shall address the criteria will be used to secure a review of his/ manner that would infringe upon the
set forth in 10 CFR 2.309. her criminal history record and inform rights of any individual under the First

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12212 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices

Amendment to the Constitution of the fingerprint record submitted by the NRC the individual its documented basis for
United States, nor shall the Licensee use on behalf of a Licensee, and an NRC denial. Access to SGI shall not be
the information in any way which processing fee, which covers granted to an individual during the
would discriminate among individuals administrative costs associated with review process.
on the basis of race, religion, national NRC handling of Licensee fingerprint
origin, sex, or age. submissions. The Commission will Protection of Information
directly notify Licensees who are
Procedures for Processing Fingerprint 1. Each Licensee who obtains a
subject to this regulation of any fee
Checks criminal history record on an individual
changes.
For the purpose of complying with The Commission will forward to the pursuant to this Order shall establish
this Order, Licensees shall, using an submitting Licensee all data received and maintain a system of files and
appropriate method listed in 10 CFR from the FBI as a result of the Licensee’s procedures for protecting the record and
part 73.4, submit to the NRC’s Division application(s) for criminal history the personal information from
of Facilities and Security, Mail Stop T– records checks, including the FBI unauthorized disclosure.
6E46, one completed, legible standard fingerprint record. 2. The Licensee may not disclose the
fingerprint card (Form FD–258, record or personal information collected
ORIMDNRCOOOZ) or, where Right To Correct and Complete
Information and maintained to persons other than
practicable, other fingerprint records for the subject individual, his/her
each individual seeking access to Prior to any final adverse
determination, the Licensee shall make representative, or to those who have a
Safeguards Information, to the Director
available to the individual the contents need to access the information in
of the Division of Facilities and
Security, marked for the attention of the of any criminal records obtained from performing assigned duties in the
Division’s Criminal History Check the FBI for the purpose of assuring process of determining access to
Section. Copies of these forms may be correct and complete information. Safeguards Information. No individual
obtained by writing the Office of Written confirmation by the individual authorized to have access to the
Information Services, U.S. Nuclear of receipt of this notification must be information may re-disseminate the
Regulatory Commission, Washington, maintained by the Licensee for a period information to any other individual who
DC 20555–0001, by calling (301) 415– of one (1) year from the date of the does not have a need-to-know.
5877, or by e-mail to forms@nrc.gov. notification. If, after reviewing the 3. The personal information obtained
Practicable alternative formats are set record, an individual believes that it is on an individual from a criminal history
forth in 10 CFR part 73.4. The Licensee incorrect or incomplete in any respect record check may be transferred to
shall establish procedures to ensure that and wishes to change, correct, or update another Licensee if the Licensee holding
the quality of the fingerprints taken the alleged deficiency, or to explain any
the criminal history record check
results in minimizing the rejection rate matter in the record, the individual may
initiate challenge procedures. These receives the individual’s written request
of fingerprint cards due to illegible or
procedures include either direct to re-disseminate the information
incomplete cards.
The NRC will review submitted application by the individual contained in his/her file, and the
fingerprint cards for completeness. Any challenging the record to the agency gaining Licensee verifies information
Form FD–258 fingerprint record (i.e., law enforcement agency) that such as the individual’s name, date of
containing omissions or evident errors contributed the questioned information, birth, social security number, sex, and
will be returned to the Licensee for or direct challenge as to the accuracy or other applicable physical characteristics
corrections. The fee for processing completeness of any entry on the for identification purposes.
fingerprint checks includes one re- criminal history record to the Assistant 4. The Licensee shall make criminal
submission if the initial submission is Director, Federal Bureau of Investigation history records, obtained under this
returned by the FBI because the Identification Division, Washington, DC section, available for examination by an
fingerprint impressions cannot be 20537–9700 (as set forth in 28 CFR authorized representative of the NRC to
classified. The one free re-submission 16.30 through 16.34). In the latter case, determine compliance with the
must have the FBI Transaction Control the FBI forwards the challenge to the
regulations and laws.
Number reflected on the re-submission. agency that submitted the data and
If additional submissions are necessary, requests that agency to verify or correct 5. The Licensee shall retain all
they will be treated as initial submittals the challenged entry. Upon receipt of an fingerprint and criminal history records
and will require a second payment of official communication directly from received from the FBI, or a copy if the
the processing fee. the agency that contributed the original individual’s file has been transferred,
Fees for processing fingerprint checks information, the FBI Identification for 3 years after termination of
are due upon application. Licensees Division makes any changes necessary employment or determination of access
shall submit payment with the in accordance with the information to SGI (whether access was approved or
application for processing fingerprints supplied by that agency. The Licensee denied).
by corporate check, certified check, must provide at least ten (10) days for
After the required 3-year period, these
cashier’s check, money order, or an individual to initiate an action
documents shall be destroyed by a
electronic payment, made payable to challenging the results of an FBI
‘‘U.S. NRC.’’ [For guidance on making criminal history records check after the method that will prevent reconstruction
electronic payments, contact the record is made available for his/her of the information in whole or in part.
Facilities Security Branch, Division of review. The Licensee may make a final [FR Doc. E7–4749 Filed 3–14–07; 8:45 am]
Facilities and Security, at (301) 415– SGI access determination based upon
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BILLING CODE 7590–01–P


7404]. Combined payment for multiple the criminal history record only upon
applications is acceptable. The receipt of the FBI’s ultimate
application fee (currently $27) is the confirmation or correction of the record.
sum of the user fee charged by the FBI Upon a final adverse determination on
for each fingerprint card or other access to SGI, the Licensee shall provide

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