In the Matter of Areva Np, Inc. Richland, WA and All Others Who Seek or Obtain Access to Safeguards Information; Described Herein: Order Imposing Fingerprinting and Criminal History Check Requirements for Access to Safeguards Information (Effective Immediately), 10564-10567 [E7-4158]

Download as PDF 10564 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices Dated: March 1, 2007. Keith T. Sefton, Deputy General Counsel, Administration & Management. [FR Doc. E7–4099 Filed 3–7–07; 8:45 am] BILLING CODE 7510–13–P NATIONAL INSTITUTE FOR LITERACY National Institute for Literacy Advisory Board Meeting National Institute for Literacy. Notice of Open Meeting With Partially Closed Session. AGENCY: ACTION: This notice sets forth the schedule and a summary of the agenda for an upcoming meeting of the National Institute for Literacy Advisory Board (Board). The notice also describes the functions of the Board. Notice of this meeting is required by section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify the general public of their opportunity to attend the meeting. Individuals who will need accommodations for a disability in order to attend the meeting (e.g., interpreting services, assistive listening devices, or materials in alternative format) should notify Steve Langley at telephone number (202) 233– 2043 no later than March 19, 2007. We will attempt to meet requests for accommodations after this date but cannot guarantee their availability. The meeting site is accessible to individuals with disabilities. DATE AND TIME: Open sessions—March 28, 2007, from 8:30 a.m. to 5:30 p.m. Closed sessions—March 28, 2007, from 5:30 p.m. to 6 p.m.; and March 29, 2007, from 8:30 a.m. to 2 p.m. ADDRESSES: The National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Steve Langley, National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006; telephone number: (202) 233–2043; e-mail: slangley@nifl.gov. SUPPLEMENTARY INFORMATION: The Board is established under section 242 of the Workforce Investment Act of 1998, P.L. 105–220 (20 U.S.C. 9252). The Board consists of ten individuals appointed by the President with the advice and consent of the Senate. The Board advises and makes recommendations to the Interagency Group that administers the Institute. The Interagency Group is composed of the Secretaries of Education, Labor, and Health and Human Services. The Interagency Group considers the Board’s recommendations sroberts on PROD1PC70 with NOTICES SUMMARY: VerDate Aug<31>2005 18:53 Mar 07, 2007 Jkt 211001 in planning the goals of the Institute and in implementing any programs to achieve those goals. Specifically, the Board performs the following functions: (a) Makes recommendations concerning the appointment of the Director and the staff of the Institute; (b) provides independent advice on operation of the Institute; and (c) receives reports from the Interagency Group and the Institute’s Director. The National Institute for Literacy Advisory Board will meet March 28–29, 2007. On March 28, 2007 from 8:30 a.m. to 5:30 p.m. and March 29, 2007 from 8:30 a.m. to 2 p.m., the Board will meet in open session to discuss strategic planning and the dissemination plan for the National Early Literacy Panel Report. On March 28, 2007 from 5:30 p.m. to 6 p.m., the Board will meet in closed session to discuss personnel issues. This discussion will relate to the Institute’s internal personnel practices, including consideration of the Director’s performance and salary. The discussion is likely to disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personnel privacy. The discussion must therefore be held in closed session under exemptions 2 and 6 of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(2) and (6). A summary of the activities at the closed session and related matters that are informative to the public and consistent with the policy of 5 U.S.C. 552b will be available to the public within 14 days of the meeting. Records are kept of all Advisory Board proceedings and are available for public inspection at the National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC 20006, from 8:30 a.m. to 5 p.m. Dated: March 2, 2007. Sandra L. Baxter, Director. [FR Doc. E7–4132 Filed 3–7–07; 8:45 am] BILLING CODE 6055–01–P PO 00000 NUCLEAR REGULATORY COMMISSION [Docket No.: 70–1257; License No. SNM– 1227; EA–06–231] In the Matter of Areva Np, Inc. Richland, WA and All Others Who Seek or Obtain Access to Safeguards Information; Described Herein: Order Imposing Fingerprinting and Criminal History Check Requirements for Access to Safeguards Information (Effective Immediately) I AREVA NP, Inc., Richland, (AREVA NP—Richland) is the holder of Special Nuclear Material License No. SNM– 1227 issued by the U.S. Nuclear Regulatory (NRC) pursuant to 10 CFR Part 70. AREVA NP—Richland is authorized, by its license, to receive, possess, and transfer byproduct, source material, and special nuclear material in accordance with the Atomic Energy Act (AEA) of 1954, as amended, and 10 CFR Part 70. 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).1 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 check requirements for access to SGI were immediately effective on 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 Federal Register 33989 (June 13, 2006)], it is unlikely that licensee employees are excepted from the fingerprinting requirement by the ‘‘fingerprinting relief’’ rule. Individuals relieved from fingerprinting and criminal history 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 1 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. Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices Atomic Energy Agency or certain foreign government organizations. In addition, individuals who have had a favorably-decided U.S. Government criminal history check within the last five (5) years, and 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,2 from any person, whether or not they are a licensee, applicant, or certificate holder of the Commission or an Agreement State. Subsequent to the terrorist events of September 11, 2001, the NRC issued Orders requiring certain entities to implement Additional Security Measures or Interim Compensatory Measures for certain radioactive materials. The requirements imposed by these Orders, and certain measures that licensees have developed to comply with the Orders, were designated by the NRC as SGI. For some materials licensees, the storage and handling requirements for the SGI have been modified from the existing 10 CFR Part 73 SGI requirements for reactors and fuel cycle facilities that require a higher level of protection; such SGI is designated as Safeguards InformationModified 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. II sroberts on PROD1PC70 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 2 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 18:53 Mar 07, 2007 Jkt 211001 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, as required by existing Orders, which remain in effect, no person may have access to SGI unless the person has an established need-to-know and satisfies the trustworthiness and reliability requirements of those Orders. To provide assurance that AREVA NP—Richland is implementing appropriate measures to comply with the fingerprinting and criminal history check requirements for access to SGI, AREVA NP—Richland 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 53, 62, 63, 81, 147, 149, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202, 10 CFR Part 30, 10 CFR Part 40, 10 CFR Part 70, and 10 CFR Part 73, it is hereby ordered, effective immediately, AREVA NP—Richland and all other persons who seek or obtain access to safeguards information described herein 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, 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 Federal Register 33989 (June 13, 2006)], or who has had a favorablydecided U.S. Government criminal history 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 AREVA NP— Richland’s NRC-approved reviewing official. 2. No person may have access to any SGI if the NRC, when making an SGI determination for a nominated reviewing official, has determined, based on fingerprinting and an FBI PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 10565 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. AREVA NP—Richland shall comply with the following requirements: 1. AREVA NP—Richland shall, within twenty (20) days of the date of this Order, establish and maintain a fingerprinting program that meets the requirements of the Attachment to this Order. 2. AREVA NP—Richland 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 the previouslyissued NRC Orders, who continues to need access to SGI, and whom AREVA NP—Richland 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 AREVEA NP—Richland’s reviewing official.3 AREVA NP—Richland may, at the same time, or later, submit the fingerprints of other individuals to whom AREVA NP—Richland seeks to grant access to SGI. Fingerprints shall be submitted and reviewed in accordance with the procedures described in the Attachment to this Order. 3. AREVA NP—Richland may allow any individual who currently has access to SGI in accordance with the previously-issued NRC Orders 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 a trustworthiness and reliability determination) that the individual may continue to have access to SGI. AREVA NP—Richland shall make determinations on continued access to SGI within ninety (90) days of the date of this Order, in part on the results of the fingerprinting and criminal history check, for those individuals who were previously granted access to SGI before the issuance of this Order. 4. AREVA NP—Richland shall, in writing, within twenty (20) days of the 3 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\08MRN1.SGM 08MRN1 10566 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices sroberts on PROD1PC70 with NOTICES date of this Order, notify the Commission: (1) If it is unable to comply with any of the requirements described in the Order, including the Attachment; or (2) if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide AREVA NP— Richland’s justification for seeking relief from, or variation of, any specific requirement. AREVA NP—Richland responses to C.1., C.2., C.3., and C.4. above shall be submitted to the Director, Office of Nuclear Material Safety and Safeguards, 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 Nuclear Material Safety and Safeguards, may, in writing, relax or rescind any of the above conditions on demonstration of good cause by AREVA NP—Richland. IV In accordance with 10 CFR 2.202, AREVA NP—Richland must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing regarding 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 an extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, 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 by which AREVA NP— Richland, or other entities adversely affected, rely, 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 shall also be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to AREVA NP—Richland if the answer or hearing request is by an entity other than AREVA NP—Richland. Because of possible delays in delivery of VerDate Aug<31>2005 18:53 Mar 07, 2007 Jkt 211001 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 via 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 via e-mail to OGCMailCenter@nrc.gov. If an entity other than AREVA NP—Richland requests a hearing, that entity shall set forth with particularity the manner in which its 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 AREVA NP—Richland 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), AREVA NP—Richland may, in addition to demanding a hearing, at the time the answer is filed, or sooner, move that the presiding officer set aside the immediate effectiveness of the Order on the grounds 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 at Rockville, Maryland, this 1st day of March 2007. For The Nuclear Regulatory Commission. Jack R. Strosnider, Director Office of Nuclear Material Safety and Safeguards. 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 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 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 had 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 established by the previous SGI Protection Order, dated November 5, 2004, when making a determination to grant access to SGI to individuals who have a need-to-know. 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 E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices individuals on the basis of race, religion, national origin, sex, or age. sroberts on PROD1PC70 with 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 SGI, 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 to 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) 415–7404]. 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 records submitted by the NRC on behalf of a licensee, and an NRC processing fee, which covers administrative costs associated with the 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. VerDate Aug<31>2005 18:53 Mar 07, 2007 Jkt 211001 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 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, PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 10567 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. E7–4158 Filed 3–7–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [EA–06–231; Docket No. 70–1201; License No. SNM–1168] In the Matter of Areva NP, Inc., Lynchburg, Va, and All Others Who Seek or Obtain Access to Safeguards Information Described Herein; Order Imposing Fingerprinting and Criminal History Check Requirements for Access to Safeguards Information (Effective Immediately) I AREVA NP, Inc., Lynchburg, (AREVA NP—Lynchburg) is the holder of Special Nuclear Material License No. SNM– 1168, issued by the U.S. Nuclear Regulatory (NRC) pursuant to 10 CFR Part 70. AREVA NP—Lynchburg is authorized, by its license, to receive, possess, and transfer byproduct, source material, and special nuclear material in accordance with the Atomic Energy Act (AEA) of 1954, as amended, and 10 CFR Part 70. 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).1 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 check requirements for access to SGI were immediately effective on enactment of the EPAct. Although the EPAct permits the Commission, by rule, to except certain categories of individuals from the fingerprinting 1 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\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Notices]
[Pages 10564-10567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4158]


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NUCLEAR REGULATORY COMMISSION

[Docket No.: 70-1257; License No. SNM-1227; EA-06-231]


In the Matter of Areva Np, Inc. Richland, WA and All Others Who 
Seek or Obtain Access to Safeguards Information; Described Herein: 
Order Imposing Fingerprinting and Criminal History Check Requirements 
for Access to Safeguards Information (Effective Immediately)

I

    AREVA NP, Inc., Richland, (AREVA NP--Richland) is the holder of 
Special Nuclear Material License No. SNM-1227 issued by the U.S. 
Nuclear Regulatory (NRC) pursuant to 10 CFR Part 70. AREVA NP--Richland 
is authorized, by its license, to receive, possess, and transfer 
byproduct, source material, and special nuclear material in accordance 
with the Atomic Energy Act (AEA) of 1954, as amended, and 10 CFR Part 
70.
    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).\1\ 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 check requirements for access to SGI were 
immediately effective on 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 Federal Register 33989 (June 13, 2006)], 
it is unlikely that licensee employees are excepted from the 
fingerprinting requirement by the ``fingerprinting relief'' rule. 
Individuals relieved from fingerprinting and criminal history 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

[[Page 10565]]

Atomic Energy Agency or certain foreign government organizations. In 
addition, individuals who have had a favorably-decided U.S. Government 
criminal history check within the last five (5) years, and 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,\2\ from any person, 
whether or not they are a licensee, applicant, or certificate holder of 
the Commission or an Agreement State.
---------------------------------------------------------------------------

    \1\ 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.
    \2\ 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.
---------------------------------------------------------------------------

    Subsequent to the terrorist events of September 11, 2001, the NRC 
issued Orders requiring certain entities to implement Additional 
Security Measures or Interim Compensatory Measures for certain 
radioactive materials. The requirements imposed by these Orders, and 
certain measures that licensees have developed to comply with the 
Orders, were designated by the NRC as SGI. For some materials 
licensees, the storage and handling requirements for the SGI have been 
modified from the existing 10 CFR Part 73 SGI requirements for reactors 
and fuel cycle facilities 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.

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, as 
required by existing Orders, which remain in effect, no person may have 
access to SGI unless the person has an established need-to-know and 
satisfies the trustworthiness and reliability requirements of those 
Orders.
    To provide assurance that AREVA NP--Richland is implementing 
appropriate measures to comply with the fingerprinting and criminal 
history check requirements for access to SGI, AREVA NP--Richland 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 53, 62, 63, 81, 147, 149, 161b, 
161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, 
and the Commission's regulations in 10 CFR 2.202, 10 CFR Part 30, 10 
CFR Part 40, 10 CFR Part 70, and 10 CFR Part 73, it is hereby ordered, 
effective immediately, AREVA NP--Richland and all other persons who 
seek or obtain access to safeguards information described herein 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, 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 Federal Register 33989 (June 13, 2006)], or who has 
had a favorably-decided U.S. Government criminal history 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 AREVA NP--Richland's NRC-approved reviewing official.
    2. No person may have access to any SGI if the NRC, when making an 
SGI determination for a nominated reviewing official, 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. AREVA NP--Richland shall comply with the following requirements:
    1. AREVA NP--Richland shall, within twenty (20) days of the date of 
this Order, establish and maintain a fingerprinting program that meets 
the requirements of the Attachment to this Order.
    2. AREVA NP--Richland 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 the previously-issued NRC Orders, 
who continues to need access to SGI, and whom AREVA NP--Richland 
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 AREVEA NP--Richland's 
reviewing official.\3\ AREVA NP--Richland may, at the same time, or 
later, submit the fingerprints of other individuals to whom AREVA NP--
Richland seeks to grant access to SGI. Fingerprints shall be submitted 
and reviewed in accordance with the procedures described in the 
Attachment to this Order.
---------------------------------------------------------------------------

    \3\ 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. AREVA NP--Richland may allow any individual who currently has 
access to SGI in accordance with the previously-issued NRC Orders 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 a trustworthiness and reliability determination) that the 
individual may continue to have access to SGI. AREVA NP--Richland shall 
make determinations on continued access to SGI within ninety (90) days 
of the date of this Order, in part on the results of the fingerprinting 
and criminal history check, for those individuals who were previously 
granted access to SGI before the issuance of this Order.
    4. AREVA NP--Richland shall, in writing, within twenty (20) days of 
the

[[Page 10566]]

date of this Order, notify the Commission: (1) If it is unable to 
comply with any of the requirements described in the Order, including 
the Attachment; or (2) if compliance with any of the requirements is 
unnecessary in its specific circumstances. The notification shall 
provide AREVA NP--Richland's justification for seeking relief from, or 
variation of, any specific requirement. AREVA NP--Richland responses to 
C.1., C.2., C.3., and C.4. above shall be submitted to the Director, 
Office of Nuclear Material Safety and Safeguards, 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 Nuclear Material Safety and Safeguards, 
may, in writing, relax or rescind any of the above conditions on 
demonstration of good cause by AREVA NP--Richland.

IV

    In accordance with 10 CFR 2.202, AREVA NP--Richland must, and any 
other person adversely affected by this Order may, submit an answer to 
this Order, and may request a hearing regarding 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 an extension of time in which to submit an answer or 
request a hearing must be made in writing to the Director, Office of 
Nuclear Material Safety and Safeguards, 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 
by which AREVA NP--Richland, or other entities adversely affected, 
rely, 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 
shall also be sent to the Director, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, to the Assistant General Counsel for Materials Litigation and 
Enforcement at the same address, and to AREVA NP--Richland if the 
answer or hearing request is by an entity other than AREVA NP--
Richland. 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 via 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 via e-
mail to OGCMailCenter@nrc.gov. If an entity other than AREVA NP--
Richland requests a hearing, that entity shall set forth with 
particularity the manner in which its 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 AREVA NP--Richland 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), AREVA NP--Richland may, in 
addition to demanding a hearing, at the time the answer is filed, or 
sooner, move that the presiding officer set aside the immediate 
effectiveness of the Order on the grounds 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 at Rockville, Maryland, this 1st day of March 2007.

    For The Nuclear Regulatory Commission.
Jack R. Strosnider,
Director Office of Nuclear Material Safety and Safeguards.

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 73.59, has 
had 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 established by the previous SGI Protection Order, dated 
November 5, 2004, when making a determination to grant access to SGI 
to individuals who have a need-to-know.
    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

[[Page 10567]]

individuals on the basis of race, religion, national origin, sex, or 
age.

Procedures for Processing Fingerprint Checks

    For the purpose of complying with this Order, licensees shall, 
using an appropriate method listed in 10 CFR 73.4, submit to the 
NRC's Division of Facilities and Security, Mail Stop T-6E46, one 
completed, legible standard fingerprint card (Form FD-258, 
ORIMDNRCOOOZ) or, where practicable, other fingerprint records for 
each individual seeking access to SGI, 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 to 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-
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 records 
submitted by the NRC on behalf of a licensee, and an NRC processing 
fee, which covers administrative costs associated with the 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 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. E7-4158 Filed 3-7-07; 8:45 am]
BILLING CODE 7590-01-P