In the Matter of All Licensees Identified in Attachment 1 to Order EA-06-241 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), 60587-60590 [E6-16996]
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Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices
except under emergency or extraordinary
conditions. For the purpose of this
requirement, emergency or extraordinary
conditions are defined as any circumstances
that require immediate communications in
order to report, summon assistance for, or
respond to a security event (or an event that
has potential security significance).
This restriction applies to telephone,
telegraph, teletype, facsimile circuits, and to
radio. Routine telephone or radio
transmission between site security personnel,
or between the site and local police, should
be limited to message formats or codes that
do not disclose facility security features or
response procedures. Similarly, call-ins
during transport should not disclose
information useful to a potential adversary.
Infrequent or non-repetitive telephone
conversations regarding a physical security
plan or program are permitted provided that
the discussion is general in nature.
Individuals should use care when
discussing SGI–M at meetings or in the
presence of others to ensure that the
conversation is not overheard by persons not
authorized access. Transcripts, tapes or
minutes of meetings or hearings that contain
SGI–M shall be marked and protected in
accordance with these requirements.
Destruction
Documents containing SGI–M should be
destroyed when no longer needed. They may
be destroyed by tearing into small pieces,
burning, shredding or any other method that
precludes reconstruction by means available
to the public at large. Piece sizes one half
inch or smaller composed of several pages or
documents and thoroughly mixed would be
considered completely destroyed.
Attachment 3—Trustworthiness and
Reliability Requirements for
Individuals Handling Safeguards
Information
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Trustworthiness and Reliability
Requirements for Individuals Handling
Safeguards Information
In order to ensure the safe handling, use,
and control of information designated as
Safeguards Information, each licensee shall
control and limit access to the information to
only those individuals who have established
the need-to-know the information, and are
considered to be trustworthy and reliable.
Licensees shall document the basis for
concluding that there is reasonable assurance
that individuals granted access to Safeguards
Information are trustworthy and reliable, and
do not constitute an unreasonable risk for
malevolent use of the information.
The Licensee shall comply with the
requirements of this attachment:
1. The trustworthiness and reliability of an
individual shall be determined based on a
background investigation:
(a) The background investigation shall
address at least the past three (3) years, and,
at a minimum, include verification of
employment, education, and personal
references. The licensee shall also, to the
extent possible, obtain independent
information to corroborate that provided by
the employee (i.e., seeking references not
supplied by the individual).
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(b) If an individual’s employment has been
less than the required three (3) year period,
educational references may be used in lieu of
employment history.
The licensee’s background investigation
requirements may be satisfied for an
individual that has an active Federal security
clearance.
2. The licensee shall retain documentation
regarding the trustworthiness and reliability
of individual employees for three years after
the individual’s employment ends.
[FR Doc. E6–16995 Filed 10–12–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–06–242]
In the Matter of All Licensees Identified
in Attachment 1 to Order EA–06–241
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 Order EA–06–241
hold licenses issued in accordance with
the Atomic Energy Act (AEA) of 1954,
as amended, by 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
1 Attachment 1 to Order EA–06–241 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.
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60587
done (see 10 CFR Part 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
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. This Order also imposes
requirements for access to SGI by any
person, from any person,3 whether or
not a Licensee, Applicant, or Certificate
Holder of the Commission or Agreement
States.
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
3 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.
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the person has an established need-toknow the information and satisfies the
trustworthy and reliability requirements
described in Attachment 3 to Order EA–
06–241.
In order to provide assurance that the
Licensees identified in Attachment 1 to
Order EA–06–241 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 to Order EA–06–241 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.
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III
Accordingly, pursuant to Sections 81,
147, 149, 161b, 161i, 161o, 182 and 186
of the Atomic Energy Act of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202, 10 CFR
Parts 30 and 73, it is hereby ordered,
effective immediately, that all licensees
identified in attachment 1 to order EA–
06–241 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. 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 33989 (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 the latter two
cases 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
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this Order shall be provided to that
person.
C. All Licensees identified in
Attachment 1 to Order EA–06–241 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 1 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 (a) the Licensee
nominates as the ‘‘reviewing official’’
for determining access to SGI by other
individuals, and (b) has an established
need-to-know the information and has
been determined to be trustworthy and
reliable in accordance with the
requirements described in Attachment 3
to Order EA–06–241. 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.4 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 1
of this Order.
3. 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 1 to this Order, 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., and
C.3. above shall be submitted to the
Director, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555. In addition, Licensee
responses shall be marked as ‘‘SecurityRelated Information—Withhold Under
10 CFR 2.390.’’
The Director, Office of Federal and
State Materials and Environmental
Management Programs, may, in writing,
relax or rescind any of the above
conditions upon demonstration of good
cause by the Licensee.
4 The NRC’s determination of this individual’s
access to SGI in accordance with the process
described in Enclosure 5 to the transmittal letter of
this Order is an administrative determination that
is outside the scope of this Order.
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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 Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and include a
statement of good cause for the
extension. The answer may consent to
this Order. 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 Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and to the
Assistant General Counsel for Materials
Litigation and Enforcement at the same
address, and to the Licensee if the
answer or hearing request is by a person
other than the Licensee. 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.
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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 4th day of October 2006.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials
and Environmental Management Programs.
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Attachment 1—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 Part 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
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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
trustworthy and reliability requirements
included in Attachment 3 to this Order, 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 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 check
obtained pursuant to this Order in a manner
that would infringe upon the rights of any
individual under the First Amendment to the
Constitution of the United States, nor shall
the Licensee use the information in any way
which would discriminate among
individuals on the basis of race, religion,
national origin, sex, or age.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this
Order, Licensees shall, using an appropriate
method listed in 10 CFR Part 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 Part 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
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60589
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) 415–7404]. 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 Part 16.30 through 16.34). In
the latter case, the FBI forwards the challenge
to the agency that submitted the data and
requests that agency to verify or correct the
challenged entry. Upon receipt of an official
communication directly from the agency that
contributed the original information, the FBI
Identification Division makes any changes
necessary in accordance with the information
supplied by that agency. The Licensee must
provide at least ten (10) days for an
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Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Notices
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.
PENSION BENEFIT GUARANTY
CORPORATION
Protection of Information
AGENCY:
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 redisseminate the information to any other
individual who does not have a need-toknow.
3. The personal information obtained on an
individual from a criminal history record
check may be transferred to another Licensee
if the Licensee holding the criminal history
record check 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. E6–16996 Filed 10–12–06; 8:45 am]
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BILLING CODE 7590–01–P
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Required Interest Rate Assumption for
Determining Variable-Rate Premium for
Single-Employer Plans; Interest on
Late Premium Payments; Interest on
Underpayments and Overpayments of
Single-Employer Plan Termination
Liability and Multiemployer Withdrawal
Liability; Interest Assumptions for
Multiemployer Plan Valuations
Following Mass Withdrawal
Pension Benefit Guaranty
Corporation.
ACTION: Notice of interest rates and
assumptions.
SUMMARY: This notice informs the public
of the interest rates and assumptions to
be used under certain Pension Benefit
Guaranty Corporation regulations. These
rates and assumptions are published
elsewhere (or can be derived from rates
published elsewhere), but are collected
and published in this notice for the
convenience of the public. Interest rates
are also published on the PBGC’s Web
site (https://www.pbgc.gov).
DATES: The required interest rate for
determining the variable-rate premium
under part 4006 applies to premium
payment years beginning in October
2006. The interest assumptions for
performing multiemployer plan
valuations following mass withdrawal
under part 4281 apply to valuation dates
occurring in November 2006. The
interest rates for late premium payments
under part 4007 and for underpayments
and overpayments of single-employer
plan termination liability under part
4062 and multiemployer withdrawal
liability under part 4219 apply to
interest accruing during the fourth
quarter (October through December) of
2006.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Manager, Regulatory
and Policy Division, Legislative and
Regulatory Department, Pension Benefit
Guaranty Corporation, 1200 K Street,
NW., Washington, DC 20005, 202–326–
4024. (TTY/TDD users may call the
Federal relay service toll-free at 1–800–
877–8339 and ask to be connected to
202–326–4024.)
SUPPLEMENTARY INFORMATION:
Variable-Rate Premiums
Section 4006(a)(3)(E)(iii)(II) of the
Employee Retirement Income Security
Act of 1974 (ERISA) and § 4006.4(b)(1)
of the PBGC’s regulation on Premium
Rates (29 CFR part 4006) prescribe use
of an assumed interest rate (the
‘‘required interest rate’’) in determining
a single-employer plan’s variable-rate
PO 00000
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Sfmt 4703
premium. Pursuant to the Pension
Protection Act of 2006, for premium
payment years beginning in 2006 or
2007, the required interest rate is the
‘‘applicable percentage’’ (currently 85
percent) of the annual rate of interest
determined by the Secretary of the
Treasury on amounts invested
conservatively in long-term investment
grade corporate bonds for the month
preceding the beginning of the plan year
for which premiums are being paid (the
‘‘premium payment year’’). Thus, the
required interest rate to be used in
determining variable-rate premiums for
premium payment years beginning in
October 2006 is 5.06 percent (i.e., 85
percent of the 5.95 percent composite
corporate bond rate for September 2006
as determined by the Treasury).
The following table lists the required
interest rates to be used in determining
variable-rate premiums for premium
payment years beginning between
November 2005 and October 2006.
For premium payment years
beginning in:
The required
interest rate is:
November 2005 ....................
December 2005 ....................
January 2006 ........................
February 2006 ......................
March 2006 ...........................
April 2006 .............................
May 2006 ..............................
June 2006 .............................
July 2006 ..............................
August 2006 .........................
September 2006 ...................
October 2006 ........................
4.83
4.91
4.86
4.80
4.87
5.01
5.25
5.35
5.36
5.36
5.19
5.06
Late Premium Payments;
Underpayments and Overpayments of
Single-Employer Plan Termination
Liability
Section 4007(b) of ERISA and
§ 4007.7(a) of the PBGC’s regulation on
Payment of Premiums (29 CFR part
4007) require the payment of interest on
late premium payments at the rate
established under section 6601 of the
Internal Revenue Code. Similarly,
§ 4062.7 of the PBGC’s regulation on
Liability for Termination of SingleEmployer Plans (29 CFR part 4062)
requires that interest be charged or
credited at the section 6601 rate on
underpayments and overpayments of
employer liability under section 4062 of
ERISA. The section 6601 rate is
established periodically (currently
quarterly) by the Internal Revenue
Service. The rate applicable to the
fourth quarter (October through
December) of 2006, as announced by the
IRS, is 8 percent.
The following table lists the late
payment interest rates for premiums and
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Notices]
[Pages 60587-60590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16996]
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NUCLEAR REGULATORY COMMISSION
[EA-06-242]
In the Matter of All Licensees Identified in Attachment 1 to
Order EA-06-241 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 Order EA-06-241
hold licenses issued in accordance with the Atomic Energy Act (AEA) of
1954, as amended, by 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 Part 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 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. This Order also imposes
requirements for access to SGI by any person, from any person,\3\
whether or not a Licensee, Applicant, or Certificate Holder of the
Commission or Agreement States.
---------------------------------------------------------------------------
\1\ Attachment 1 to Order EA-06-241 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\ 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
[[Page 60588]]
the person has an established need-to-know the information and
satisfies the trustworthy and reliability requirements described in
Attachment 3 to Order EA-06-241.
In order to provide assurance that the Licensees identified in
Attachment 1 to Order EA-06-241 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 to Order EA-06-241 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 81, 147, 149, 161b, 161i, 161o,
182 and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202, 10 CFR Parts 30 and 73, it is
hereby ordered, effective immediately, that all licensees identified in
attachment 1 to order EA-06-241 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.
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 33989 (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 the latter two cases 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 Order EA-06-241
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 1 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 (a) the
Licensee nominates as the ``reviewing official'' for determining access
to SGI by other individuals, and (b) has an established need-to-know
the information and has been determined to be trustworthy and reliable
in accordance with the requirements described in Attachment 3 to Order
EA-06-241. 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.\4\ 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 1 of this Order.
---------------------------------------------------------------------------
\4\ The NRC's determination of this individual's access to SGI
in accordance with the process described in Enclosure 5 to the
transmittal letter of this Order is an administrative determination
that is outside the scope of this Order.
---------------------------------------------------------------------------
3. 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 1 to this Order, 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., and C.3. above shall be submitted
to the Director, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. In addition, Licensee responses shall be marked
as ``Security-Related Information--Withhold Under 10 CFR 2.390.''
The Director, Office of Federal and State Materials and
Environmental Management Programs, may, in writing, relax or rescind
any of the above conditions upon demonstration 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 Federal and State
Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, and include a statement of
good cause for the extension. The answer may consent to this Order.
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 Federal and State
Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, and to the Assistant
General Counsel for Materials Litigation and Enforcement at the same
address, and to the Licensee if the answer or hearing request is by a
person other than the Licensee. 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.
[[Page 60589]]
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 4th day of October 2006.
For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Attachment 1--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 Part
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 trustworthy and
reliability requirements included in Attachment 3 to this Order, 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 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 check obtained pursuant to this Order in a manner that would
infringe upon the rights of any individual under the First Amendment
to the Constitution of the United States, nor shall the Licensee use
the information in any way which would discriminate among
individuals on the basis of race, religion, national origin, sex, or
age.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this Order, Licensees shall,
using an appropriate method listed in 10 CFR Part 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 Part 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-
7404]. 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 Part 16.30 through 16.34). In the latter case, the FBI
forwards the challenge to the agency that submitted the data and
requests that agency to verify or correct the challenged entry. Upon
receipt of an official communication directly from the agency that
contributed the original information, the FBI Identification
Division makes any changes necessary in accordance with the
information supplied by that agency. The Licensee must provide at
least ten (10) days for an
[[Page 60590]]
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 record check 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. E6-16996 Filed 10-12-06; 8:45 am]
BILLING CODE 7590-01-P
