In the Matter of All Licensees Identified in Attachment 1 (Redacted) and All Other Persons Who Seek or Obtain Access to Safeguards Information Described Herein, Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information (Effective Immediately), 59140-59143 [E6-16558]
Download as PDF
<![CDATA[
59140
Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Notices
exposure rate would be 0.003 mrem/hr,
which would equate to an exposure of
0.072 mrem in a 24-hour period, a very
minor exposure.
RMD system specialists, the local
utility managers and operators are not
expected to receive annual radiation
doses anywhere near the individual
monitoring thresholds prescribed in 10
CFR 20.1502, ‘‘Conditions Requiring
Individual Monitoring of External and
Internal Occupational Dose.’’ These
aforementioned thresholds are 500
mrem/yr for adults or 100 mrem/yr for
children or pregnant women. RMD has
estimated maximum dose rates on the
sides of the tanks to be between 0.2 to
0.3 mrem/hr and only 0.003 mrem/hr at
30 centimeters. RMD provided estimates
of time operators should spend in the
proximity of the vessels. The tables
showed a maximum of 100 hours/year
for the operational personnel. That time
would result in an exposure of only 3
mrem for the year. This is a small
fraction of the 340 mrem of background
radiation those same individuals receive
from natural sources. To ensure that
source material is handled in a proper
manner, uranium-laden (spent) IX resin
is not to be stored at the CWS for greater
than 60 days and will only be contained
within the IX vessel.
Spent uranium-laden resin will be
periodically removed from the URS and
transported to a licensed waste
management facility or used as alternate
feed at a licensed uranium recovery
facility. Use of either disposal method
will result in a small increase in waste
material. If uranium-laden resin is used
as an alternate feed material for uranium
recovery facilities, the uranium removed
from drinking water may enter the
nuclear fuel cycle and may ultimately
be used for domestic power generation.
III. Finding of No Significant Impact
On the basis of the EA, NRC has
concluded that there are no significant
environmental impacts from the
proposed licensing action, and NRC
staff has determined not to prepare an
environmental impact statement.
IV. Further Information
Documents related to this action,
including RMD’s license application
and supporting documentation, are
available electronically at NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html.
From this site, you can access NRC’s
Agencywide Documents Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. The ADAMS
accession numbers for the documents
related to this notice are as follows:
ADAMS Accession No.
Document
Final Environmental Assessment for Proposed Performance-Based, Multi-site License for a Uranium Water Treatment Program NRC License No. SUB-(TBD) R.M.D. Operations, LLC.
NUREG–1620, Rev. 1, Standard Review Plan for the Review of a Reclamation Plan for Mill
Tailings Sites Under Title II of the Uranium Mill Tailings Radiation Control Act of 1978—Final
Report, ‘‘Nuclear Regulatory Commission, Washington, DC.
NUREG–1748, ‘‘Environmental Review Guidance for Licensing Actions Associated With NMSS
Programs—Final Report,’’ Nuclear Regulatory Commission, Washington, DC.
R.M.D. Operations, LLC License Application for Performance-Based, Multi-Site License for Uranium Water Treatment Program.
R.M.D. Operations, LLC Environmental Report in Support of a Performance-based, Multi-site License Application (non-proprietary).
cprice-sewell on PROD1PC66 with NOTICES
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC’s Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
NUCLEAR REGULATORY
COMMISSION
Dated at Rockville, Maryland, this 26th day
of September, 2006.
For the Nuclear Regulatory Commission.
Ron C. Linton,
Project Manager, Uranium Processing
Section, Fuel Cycle Facilities Branch, Division
of Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. E6–16563 Filed 10–5–06; 8:45 am]
I
BILLING CODE 7590–01–P
[EA–06–203]
In the Matter of All Licensees Identified
in Attachment 1 (Redacted) and All
Other Persons Who Seek or Obtain
Access to Safeguards Information
Described Herein, Order Imposing
Fingerprinting and Criminal History
Records Check Requirements for
Access to Safeguards Information
(Effective Immediately)
The Licensees identified in
Attachment 11 to this Order hold
licenses issued in accordance with the
Atomic Energy Act (AEA) of 1954, as
amended, the U.S. Nuclear Regulatory
Commission (NRC or Commission) or
Agreement States, authorizing them to
engage in an activity subject to
regulation by the Commission or
Agreement States. On August 8, 2005,
the Energy Policy Act of 2005 (EPAct)
1 Attachment 1 contains sensitive information
and will not be released to the public.
VerDate Aug<31>2005
14:52 Oct 05, 2006
Jkt 211001
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
Date
ML062490415
September 5, 2006.
ML032250190
June 30, 2003.
ML031000403
April 10, 2003.
ML052730008
September 27, 2005.
ML062440255
September 27, 2005.
was enacted. Section 652 of the EPAct
amended Section 149 of the AEA to
require fingerprinting and a Federal
Bureau of Investigation (FBI)
identification and criminal history
records check of any person who is to
be permitted to have access to
Safeguards Information (SGI) 2. The
NRC’s implementation of this
requirement cannot await the
completion of the SGI rulemaking,
which is underway, because the EPAct
fingerprinting and criminal history
records check requirements for access to
SGI were immediately effective upon
enactment of the EPAct. Although the
EPAct permits the Commission by rule
to except certain categories of
individuals from the fingerprinting
requirement, which the Commission has
done (see 10 CFR 73.59, 71 FR 33,989
(June 13, 2006)), it is unlikely that
licensee employees or others are
excepted from the fingerprinting
requirement by the ‘‘fingerprinting
2 Safeguards Information is a form of sensitive,
unclassified, security-related information that the
Commission has the authority to designate and
protect under section 147 of the AEA.
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Notices
relief’’ rule. Individuals relieved from
fingerprinting and criminal history
records checks under the relief rule
include Federal, State, and local
officials and law enforcement
personnel; Agreement State inspectors
who conduct security inspections on
behalf of the NRC; members of Congress
and certain employees of members of
Congress or Congressional Committees,
and representatives of the International
Atomic Energy Agency (IAEA) or certain
foreign government organizations. In
addition, individuals who have a
favorably-decided U.S. Government
criminal history records check within
the last five (5) years, or individuals
who have active Federal security
clearances (provided in either case that
they make available the appropriate
documentation), have satisfied the
EPAct fingerprinting requirement and
need not be fingerprinted again.
Therefore, in accordance with Section
149 of the AEA, as amended by the
EPAct, the Commission is imposing
additional requirements for access to
SGI, as set forth by this Order, so that
affected licensees can obtain and grant
access to SGI.3 This Order also imposes
requirements for access to SGI by any
person,4 from any person, whether or
not a Licensee, Applicant, or Certificate
Holder of the Commission or Agreement
States.
II
cprice-sewell on PROD1PC66 with NOTICES
The Commission has broad statutory
authority to protect and prohibit the
unauthorized disclosure of SGI. Section
147 of the AEA grants the Commission
explicit authority to issue such Orders
as necessary to prohibit the
unauthorized disclosure of SGI.
Furthermore, Section 652 of the EPAct
amended Section 149 of the AEA to
require fingerprinting and an FBI
identification and a criminal history
records check of each individual who
3 The storage and handling requirements for
certain SGI have been modified from the existing
10 CFR part 73 SGI requirements that require a
higher level of protection; such SGI is designated
as Safeguards Information—Modified Handling
(SGI–M). However, the information subject to the
SGI–M handling and protection requirements is
SGI, and licensees and other persons who seek or
obtain access to such SGI are subject to this Order.
4 Person means (1) any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, group, government agency
other than the Commission or the Department of
Energy, except that the Department of Energy shall
be considered a person with respect to those
facilities of the Department of Energy specified in
section 202 of the Energy Reorganization Act of
1974 (88 Stat. 1244), any State or any political
subdivision of, or any political entity within a State,
any foreign government or nation or any political
subdivision of any such government or nation, or
other entity; and (2) any legal successor,
representative, agent, or agency of the foregoing.
VerDate Aug<31>2005
14:52 Oct 05, 2006
Jkt 211001
seeks access to SGI. In addition, no
person may have access to SGI unless
the person satisfies all other applicable
requirements (e.g., 10 CFR 73.21).
In order to provide assurance that the
Licensees identified in Attachment 1 are
implementing appropriate measures to
comply with the fingerprinting and
criminal history records check
requirements for access to SGI, all
Licensees identified in Attachment 1
shall implement the requirements of
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, safety and interest require that
this Order be effective immediately.
III
Accordingly, pursuant to Sections
104, 147, 149, 161b, 161i, 161o, 182 and
186 of the Atomic Energy Act of 1954,
as amended, and the Commission’s
regulations in 10 CFR 2.202, 10 CFR
parts 50 and 73, it is hereby ordered,
effective immediately, that all licensees
identified in attachment 1 to this order
and all other persons who seek or obtain
access to safeguards information, as
described above, shall comply with the
requirements set forth in this order.
A.1. No person may have access to
SGI unless that person has a need-toknow the SGI, has been fingerprinted or
who has a favorably-decided FBI
identification and criminal history
records check, and satisfies all other
applicable requirements for access to
SGI (e.g., 10 CFR 73.21). Fingerprinting
and the FBI identification and criminal
history records check are not required,
however, for any person who is relieved
from that requirement by 10 CFR 73.59
(71 FR 33,989 (June 13, 2006)), or who
has a favorably-decided U.S.
Government criminal history records
check within the last five (5) years, or
who has an active Federal security
clearance, provided in each case that the
appropriate documentation is made
available to the Licensee’s NRCapproved reviewing official.
2. No person may have access to any
SGI if the NRC has determined, based
on fingerprinting and an FBI
identification and criminal history
records check, that the person may not
have access to SGI.
B. No person may provide SGI to any
other person except in accordance with
Condition III.A. above. Prior to
providing SGI to any person, a copy of
this Order shall be provided to that
person.
C. All Licensees identified in
Attachment 1 to this Order shall comply
with the following requirements:
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
59141
1. The Licensee shall, within twenty
(20) days of the date of this Order,
establish and maintain a fingerprinting
program that meets the requirements of
Attachment 2 to this Order.
2. The Licensee shall, within twenty
(20) days of the date of this Order,
submit the fingerprints of one (1)
individual who currently has access to
SGI in accordance with applicable
requirements (e.g., 10 CFR 73.21), who
continues to need access to SGI, and
who the Licensee nominates as the
‘‘reviewing official’’ for determining
access to SGI by other individuals. The
NRC will determine whether this
individual (or any subsequent reviewing
official) may have access to SGI and,
therefore, will be permitted to serve as
the Licensee’s reviewing official.5 The
Licensee may at the same time or later
submit the fingerprints of other
individuals to whom the Licensee seeks
to grant access to SGI. Fingerprints shall
be submitted and reviewed in
accordance with the procedures
described in Attachment 2 of this Order.
3. The Licensee may allow any
individual who currently has access to
SGI in accordance with the applicable
requirements (e.g., 10 CFR 73.21) to
continue to have access to previouslydesignated SGI without being
fingerprinted, pending a decision by the
NRC-approved reviewing official (based
on fingerprinting, an FBI criminal
history records check and satisfying
other applicable requirements) that the
individual may continue to have access
to SGI. The Licensee shall make
determinations on continued access to
SGI by December 1, 2006, in part on the
results of the fingerprinting and
criminal history records check, for those
individuals that were previously
granted access to SGI before the
issuance of this Order.
4. The Licensee shall, in writing,
within twenty (20) days of the date of
this Order, notify the Commission, (1) if
it is unable to comply with any of the
requirements described in this Order,
including Attachment 2, or (2) if
compliance with any of the
requirements is unnecessary in its
specific circumstances. The notification
shall provide the Licensee’s justification
for seeking relief from or variation of
any specific requirement.
Licensee responses to C.1., C.2., C.3.,
and C.4. above shall be submitted to the
Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. In
5 The NRC’s determination of this individual’s
access to SGI in accordance with the process
described in Enclosure 3 to the transmittal letter of
this Order is an administrative determination that
is outside the scope of this Order.
E:\FR\FM\06OCN1.SGM
06OCN1
59142
Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Notices
cprice-sewell on PROD1PC66 with NOTICES
addition, Licensee responses shall be
marked as ‘‘Security-Related
Information—Withhold Under 10 CFR
2.390.’’
The Director, Office of Nuclear
Reactor Regulation, may, in writing,
relax or rescind any of the above
conditions upon demonstration of good
cause by the Licensee.
IV
In accordance with 10 CFR 2.202, the
Licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within twenty (20) days of the date of
this Order. Where good cause is shown,
consideration will be given to extending
the time to request a hearing. A request
for extension of time in which to submit
an answer or request a hearing must be
made in writing to the Director, Office
of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555, and include a
statement of good cause for the
extension. The answer may consent to
this Order. Unless the answer consents
to this Order, the answer shall, in
writing and under oath or affirmation,
specifically set forth the matters of fact
and law on which the Licensee or other
person adversely affected relies and the
reasons as to why the Order should not
have been issued. Any answer or
request for a hearing shall be submitted
to the Secretary, Office of the Secretary,
U.S. Nuclear Regulatory Commission,
Attn: Rulemakings and Adjudications
Staff, Washington, DC 20555. Copies
also shall be sent to the Director, Office
of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555, and to the
Assistant General Counsel for Materials
Litigation and Enforcement at the same
address. Because of possible delays in
delivery of mail to United States
Government offices, it is requested that
answers and requests for hearing be
transmitted to the Secretary of the
Commission either by means of
facsimile transmission to 301–415–1101
or by e-mail to hearingdocket@nrc.gov
and also to the Office of the General
Counsel either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. If a
person other than the Licensee requests
a hearing, that person shall set forth
with particularity the manner in which
his/her interest is adversely affected by
this Order and shall address the criteria
set forth in 10 CFR 2.309.
If a hearing is requested by the
Licensee or a person whose interest is
adversely affected, the Commission will
issue an Order designating the time and
VerDate Aug<31>2005
14:52 Oct 05, 2006
Jkt 211001
place of any hearing. If a hearing is held,
the issue to be considered at such
hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(I), the
Licensee may, in addition to demanding
a hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error. In the
absence of any request for hearing, or
written approval of an extension of time
in which to request a hearing, the
provisions as specified above in Section
III 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 as specified
above 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 29th day of September 2006.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor
Regulation.
Attachment 2—Requirements for
Fingerprinting and Criminal History
Records Checks of Individuals When
Licensee’s Reviewing Official Is
Determining Access to Safeguards
Information
General Requirements
Licensees shall comply with the
requirements of this attachment.
A. 1. Each Licensee subject to the
provisions of this attachment shall
fingerprint each individual who is
seeking or permitted access to
Safeguards Information (SGI). The
Licensee shall review and use the
information received from the Federal
Bureau of Investigation (FBI) and ensure
that the provisions contained in the
subject 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 need not be taken if an
employed individual (e.g., a Licensee
employee, contractor, manufacturer, or
supplier) is relieved from the
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
fingerprinting requirement by 10 CFR
73.59, has a favorably-decided U.S.
Government criminal history records
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 records check must be
provided. The Licensee must retain this
documentation for a period of three (3)
years from the date the individual no
longer requires access to SGI 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
applicable requirements (e.g., 10 CFR
73.21) in making a determination
whether to grant access to SGI to
individuals who have a need-to-know
the SGI.
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.
7. The Licensee shall document the
basis for its determination whether to
grant access to SGI.
B. The Licensee shall notify the NRC
of any desired change in reviewing
officials. The NRC will determine
whether the individual nominated as
the new reviewing official may have
access to SGI based on a previouslyobtained or new criminal history
records check and, therefore, will be
permitted to serve as the Licensee’s
reviewing official.
Prohibitions
A Licensee shall not base a final
determination to deny an individual
access to SGI solely on the basis of
information received from the FBI
involving: An arrest more than one (1)
year old for which there is no
information of the disposition of the
case, or an arrest that resulted in
dismissal of the charge or an acquittal.
A Licensee shall not use information
received from a criminal history records
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.
E:\FR\FM\06OCN1.SGM
06OCN1
cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Notices
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
Safeguards Information, 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–
5877, or by e-mail to forms@nrc.gov.
Practicable alternative formats are set
forth in 10 CFR 73.4. The Licensee shall
establish procedures to ensure that the
quality of the fingerprints taken results
in minimizing the rejection rate of
fingerprint cards due to illegible or
incomplete cards.
The NRC will review submitted
fingerprint cards for completeness. Any
Form FD–258 fingerprint record
containing omissions or evident errors
will be returned to the Licensee for
corrections. The fee for processing
fingerprint checks includes one resubmission if the initial submission is
returned by the FBI because the
fingerprint impressions cannot be
classified. The one free re-submission
must have the FBI Transaction Control
Number reflected on the re-submission.
If additional submissions are necessary,
they will be treated as initial submittals
and will require a second payment of
the processing fee.
Fees for processing fingerprint checks
are due upon application. Licensees
shall submit payment with the
application for processing fingerprints
by corporate check, certified check,
cashier’s check, money order, or
electronic payment, made payable to
‘‘U.S. NRC.’’ [For guidance on making
electronic payments, contact the
Facilities Security Branch, Division of
Facilities and Security, at (301) 415–
7739]. Combined payment for multiple
applications is acceptable. The
application fee (currently $27) 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
VerDate Aug<31>2005
14:52 Oct 05, 2006
Jkt 211001
directly notify Licensees who are
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
records 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
SGI access determination 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, the Licensee shall provide
the individual its documented basis for
denial. Access to SGI shall not be
granted to an individual during the
review process.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
59143
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
Safeguards Information. No individual
authorized to have access to the
information may re-disseminate the
information to any other individual who
does not have a need-to-know.
3. The personal information obtained
on an individual from a criminal history
record check may be transferred to
another Licensee if the Licensee holding
the criminal history check 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 determination of access
to SGI (whether access was approved or
denied). 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. E6–16558 Filed 10–5–06; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Excepted Service
Office of Personnel
Management (OPM).
ACTION: Notice.
AGENCY:
SUMMARY: This gives notice of OPM
decisions granting authority to make
appointments under Schedules A, B,
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 71, Number 194 (Friday, October 6, 2006)]
[Notices]
[Pages 59140-59143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16558]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-06-203]
In the Matter of All Licensees Identified in Attachment 1
(Redacted) and All Other Persons Who Seek or Obtain Access to
Safeguards Information Described Herein, Order Imposing Fingerprinting
and Criminal History Records Check Requirements for Access to
Safeguards Information (Effective Immediately)
I
The Licensees identified in Attachment 1\1\ to this Order hold
licenses issued in accordance with the Atomic Energy Act (AEA) of 1954,
as amended, the U.S. Nuclear Regulatory Commission (NRC or Commission)
or Agreement States, authorizing them to engage in an activity subject
to regulation by the Commission or Agreement States. On August 8, 2005,
the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the
EPAct amended Section 149 of the AEA to require fingerprinting and a
Federal Bureau of Investigation (FBI) identification and criminal
history records check of any person who is to be permitted to have
access to Safeguards Information (SGI) \2\. The NRC's implementation of
this requirement cannot await the completion of the SGI rulemaking,
which is underway, because the EPAct fingerprinting and criminal
history records check requirements for access to SGI were immediately
effective upon enactment of the EPAct. Although the EPAct permits the
Commission by rule to except certain categories of individuals from the
fingerprinting requirement, which the Commission has done (see 10 CFR
73.59, 71 FR 33,989 (June 13, 2006)), it is unlikely that licensee
employees or others are excepted from the fingerprinting requirement by
the ``fingerprinting
[[Page 59141]]
relief'' rule. Individuals relieved from fingerprinting and criminal
history records checks under the relief rule include Federal, State,
and local officials and law enforcement personnel; Agreement State
inspectors who conduct security inspections on behalf of the NRC;
members of Congress and certain employees of members of Congress or
Congressional Committees, and representatives of the International
Atomic Energy Agency (IAEA) or certain foreign government
organizations. In addition, individuals who have a favorably-decided
U.S. Government criminal history records check within the last five (5)
years, or individuals who have active Federal security clearances
(provided in either case that they make available the appropriate
documentation), have satisfied the EPAct fingerprinting requirement and
need not be fingerprinted again. Therefore, in accordance with Section
149 of the AEA, as amended by the EPAct, the Commission is imposing
additional requirements for access to SGI, as set forth by this Order,
so that affected licensees can obtain and grant access to SGI.\3\ This
Order also imposes requirements for access to SGI by any person,\4\
from any person, whether or not a Licensee, Applicant, or Certificate
Holder of the Commission or Agreement States.
---------------------------------------------------------------------------
\1\ Attachment 1 contains sensitive information and will not be
released to the public.
\2\ Safeguards Information is a form of sensitive, unclassified,
security-related information that the Commission has the authority
to designate and protect under section 147 of the AEA.
\3\ The storage and handling requirements for certain SGI have
been modified from the existing 10 CFR part 73 SGI requirements that
require a higher level of protection; such SGI is designated as
Safeguards Information--Modified Handling (SGI-M). However, the
information subject to the SGI-M handling and protection
requirements is SGI, and licensees and other persons who seek or
obtain access to such SGI are subject to this Order.
\4\ Person means (1) any individual, corporation, partnership,
firm, association, trust, estate, public or private institution,
group, government agency other than the Commission or the Department
of Energy, except that the Department of Energy shall be considered
a person with respect to those facilities of the Department of
Energy specified in section 202 of the Energy Reorganization Act of
1974 (88 Stat. 1244), any State or any political subdivision of, or
any political entity within a State, any foreign government or
nation or any political subdivision of any such government or
nation, or other entity; and (2) any legal successor,
representative, agent, or agency of the foregoing.
---------------------------------------------------------------------------
II
The Commission has broad statutory authority to protect and
prohibit the unauthorized disclosure of SGI. Section 147 of the AEA
grants the Commission explicit authority to issue such Orders as
necessary to prohibit the unauthorized disclosure of SGI. Furthermore,
Section 652 of the EPAct amended Section 149 of the AEA to require
fingerprinting and an FBI identification and a criminal history records
check of each individual who seeks access to SGI. In addition, no
person may have access to SGI unless the person satisfies all other
applicable requirements (e.g., 10 CFR 73.21).
In order to provide assurance that the Licensees identified in
Attachment 1 are implementing appropriate measures to comply with the
fingerprinting and criminal history records check requirements for
access to SGI, all Licensees identified in Attachment 1 shall implement
the requirements of 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, safety and interest require that this Order be effective
immediately.
III
Accordingly, pursuant to Sections 104, 147, 149, 161b, 161i, 161o,
182 and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202, 10 CFR parts 50 and 73, it is
hereby ordered, effective immediately, that all licensees identified in
attachment 1 to this order and all other persons who seek or obtain
access to safeguards information, as described above, shall comply with
the requirements set forth in this order.
A.1. No person may have access to SGI unless that person has a
need-to-know the SGI, has been fingerprinted or who has a favorably-
decided FBI identification and criminal history records check, and
satisfies all other applicable requirements for access to SGI (e.g., 10
CFR 73.21). Fingerprinting and the FBI identification and criminal
history records check are not required, however, for any person who is
relieved from that requirement by 10 CFR 73.59 (71 FR 33,989 (June 13,
2006)), or who has a favorably-decided U.S. Government criminal history
records check within the last five (5) years, or who has an active
Federal security clearance, provided in each case that the appropriate
documentation is made available to the Licensee's NRC-approved
reviewing official.
2. No person may have access to any SGI if the NRC has determined,
based on fingerprinting and an FBI identification and criminal history
records check, that the person may not have access to SGI.
B. No person may provide SGI to any other person except in
accordance with Condition III.A. above. Prior to providing SGI to any
person, a copy of this Order shall be provided to that person.
C. All Licensees identified in Attachment 1 to this Order shall
comply with the following requirements:
1. The Licensee shall, within twenty (20) days of the date of this
Order, establish and maintain a fingerprinting program that meets the
requirements of Attachment 2 to this Order.
2. The Licensee shall, within twenty (20) days of the date of this
Order, submit the fingerprints of one (1) individual who currently has
access to SGI in accordance with applicable requirements (e.g., 10 CFR
73.21), who continues to need access to SGI, and who the Licensee
nominates as the ``reviewing official'' for determining access to SGI
by other individuals. The NRC will determine whether this individual
(or any subsequent reviewing official) may have access to SGI and,
therefore, will be permitted to serve as the Licensee's reviewing
official.\5\ The Licensee may at the same time or later submit the
fingerprints of other individuals to whom the Licensee seeks to grant
access to SGI. Fingerprints shall be submitted and reviewed in
accordance with the procedures described in Attachment 2 of this Order.
---------------------------------------------------------------------------
\5\ The NRC's determination of this individual's access to SGI
in accordance with the process described in Enclosure 3 to the
transmittal letter of this Order is an administrative determination
that is outside the scope of this Order.
---------------------------------------------------------------------------
3. The Licensee may allow any individual who currently has access
to SGI in accordance with the applicable requirements (e.g., 10 CFR
73.21) to continue to have access to previously-designated SGI without
being fingerprinted, pending a decision by the NRC-approved reviewing
official (based on fingerprinting, an FBI criminal history records
check and satisfying other applicable requirements) that the individual
may continue to have access to SGI. The Licensee shall make
determinations on continued access to SGI by December 1, 2006, in part
on the results of the fingerprinting and criminal history records
check, for those individuals that were previously granted access to SGI
before the issuance of this Order.
4. The Licensee shall, in writing, within twenty (20) days of the
date of this Order, notify the Commission, (1) if it is unable to
comply with any of the requirements described in this Order, including
Attachment 2, or (2) if compliance with any of the requirements is
unnecessary in its specific circumstances. The notification shall
provide the Licensee's justification for seeking relief from or
variation of any specific requirement.
Licensee responses to C.1., C.2., C.3., and C.4. above shall be
submitted to the Director, Office of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission, Washington, DC 20555. In
[[Page 59142]]
addition, Licensee responses shall be marked as ``Security-Related
Information--Withhold Under 10 CFR 2.390.''
The Director, Office of Nuclear Reactor Regulation, may, in
writing, relax or rescind any of the above conditions upon
demonstration of good cause by the Licensee.
IV
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within twenty (20) days
of the date of this Order. Where good cause is shown, consideration
will be given to extending the time to request a hearing. A request for
extension of time in which to submit an answer or request a hearing
must be made in writing to the Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
and include a statement of good cause for the extension. The answer may
consent to this Order. Unless the answer consents to this Order, the
answer shall, in writing and under oath or affirmation, specifically
set forth the matters of fact and law on which the Licensee or other
person adversely affected relies and the reasons as to why the Order
should not have been issued. Any answer or request for a hearing shall
be submitted to the Secretary, Office of the Secretary, U.S. Nuclear
Regulatory Commission, Attn: Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also shall be sent to the Director, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and to the Assistant General Counsel for
Materials Litigation and Enforcement at the same address. Because of
possible delays in delivery of mail to United States Government
offices, it is requested that answers and requests for hearing be
transmitted to the Secretary of the Commission either by means of
facsimile transmission to 301-415-1101 or by e-mail to
hearingdocket@nrc.gov and also to the Office of the General Counsel
either by means of facsimile transmission to 301-415-3725 or by e-mail
to OGCMailCenter@nrc.gov. If a person other than the Licensee requests
a hearing, that person shall set forth with particularity the manner in
which his/her interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.309.
If a hearing is requested by the Licensee or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(I), the Licensee may, in addition to
demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error. In the absence of any request for
hearing, or written approval of an extension of time in which to
request a hearing, the provisions as specified above in Section III
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 as specified above 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 29th day of September 2006.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
Attachment 2--Requirements for Fingerprinting and Criminal History
Records Checks of Individuals When Licensee's Reviewing Official Is
Determining Access to Safeguards Information
General Requirements
Licensees shall comply with the requirements of this attachment.
A. 1. Each Licensee subject to the provisions of this attachment
shall fingerprint each individual who is seeking or permitted access to
Safeguards Information (SGI). The Licensee shall review and use the
information received from the Federal Bureau of Investigation (FBI) and
ensure that the provisions contained in the subject 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 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, has a favorably-
decided U.S. Government criminal history records 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 records check must
be provided. The Licensee must retain this documentation for a period
of three (3) years from the date the individual no longer requires
access to SGI 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 applicable requirements (e.g.,
10 CFR 73.21) in making a determination whether to grant access to SGI
to individuals who have a need-to-know the SGI.
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.
7. The Licensee shall document the basis for its determination
whether to grant access to SGI.
B. The Licensee shall notify the NRC of any desired change in
reviewing officials. The NRC will determine whether the individual
nominated as the new reviewing official may have access to SGI based on
a previously-obtained or new criminal history records check and,
therefore, will be permitted to serve as the Licensee's reviewing
official.
Prohibitions
A Licensee shall not base a final determination to deny an
individual access to SGI solely on the basis of information received
from the FBI involving: An arrest more than one (1) year old for which
there is no information of the disposition of the case, or an arrest
that resulted in dismissal of the charge or an acquittal.
A Licensee shall not use information received from a criminal
history records 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.
[[Page 59143]]
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 Safeguards Information, 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) 415-5877, or by
e-mail to forms@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.
Licensees shall submit payment with the application for processing
fingerprints by corporate check, certified check, cashier's check,
money order, or electronic payment, made payable to ``U.S. NRC.'' [For
guidance on making electronic payments, contact the Facilities Security
Branch, Division of Facilities and Security, at (301) 415-7739].
Combined payment for multiple applications is acceptable. The
application fee (currently $27) 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
who are 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 records 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 SGI access determination 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, the Licensee shall provide the
individual its documented basis for denial. Access to SGI 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 Safeguards Information. No individual authorized to have
access to the information may re-disseminate the information to any
other individual who does not have a need-to-know.
3. The personal information obtained on an individual from a
criminal history record check may be transferred to another Licensee if
the Licensee holding the criminal history check 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 determination of access to SGI (whether access was approved or
denied). 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. E6-16558 Filed 10-5-06; 8:45 am]
BILLING CODE 7590-01-P
