In the Matter of Certain Fuel Cycle Licensees and All Other Persons Who Seek or Obtain Authorized Unescorted Access to Radioactive Material or Other Property Described Herein; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material or Other Property (Effective Immediately), 25789-25792 [E7-8666]
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Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices
BR–0254. In addition, at the time payment is
made, the licensee shall submit a statement
indicating when and by what method
payment was made, to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852–2738.
V
pwalker on PROD1PC71 with NOTICES
The Licensee may request a hearing
within 30 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 must be made in
writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and include a statement of good
cause for the extension. A request for a
hearing should be clearly marked as a
‘‘Request for an Enforcement Hearing’’
and shall be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
ATTN: Rulemakings and Adjudications
Staff, Washington, DC 20555–0001.
Copies also shall be sent to the Director,
Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, to the Assistant
General Counsel for Materials Litigation
and Enforcement at the same address,
and to the Regional Administrator, NRC
Region I, 475 Allendale Rd., King of
Prussia, PA 19406. If a hearing is
requested, the Commission will issue an
Order designating the time and place of
the hearing. If the Licensee fails to
request a hearing within 30 days of the
date of this Order, or if written approval
of an extension of time in which to
request a hearing has not been granted,
the provisions of this Order shall be
effective without further proceedings. If
payment has not been made by that
time, the matter may be referred to the
Attorney General, for collection.
In the event the Licensee requests a
hearing as provided above, the issues to
be considered at such hearing shall be:
(a) Whether the Licensee was in
violation of the Commission’s
requirements as set forth in the Notice
referenced in Section II above, and
(b) Whether, on the basis of such
violation, this Order should be
sustained.
For the Nuclear Regulatory Commission.
Dated this 30th day of April 2007.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E7–8672 Filed 5–4–07; 8:45 am]
BILLING CODE 7590–01–P
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18:36 May 04, 2007
Jkt 211001
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Nuclear
Waste; Revised
The 179th Advisory Committee on
Nuclear Waste (ACNW) meeting
scheduled to be held on May 16–17,
2007, Room T–2B3, Two White Flint
North, 11545 Rockville Pike, Rockville,
Maryland has been revised as noted
below. Notice of this meeting was
previously published in the Federal
Register on Thursday, April 26, 2007
(72 FR 20889).
The discussion of the item on Yucca
Mountain Preclosure Repository Design:
NRC Staff Review Readiness and Views
on the Issues, scheduled between 1 p.m.
and 4 p.m. on Wednesday, May 16,
2007, is now scheduled between 1 p.m.
and 3:30 p.m.
The discussion of the topic on NCRP
Study on Radiation Exposure of U.S.
Population, scheduled between 4 p.m.—
6 p.m. on Wednesday, May 16, 2007 has
been canceled. A discussion of ACNW
Letter Reports will now take place
between 3:45 p.m. and 5:30 p.m on
Wednesday, May 16, 2007. All the other
items remain the same as previously
published in the Federal Register on
Thursday, April 26, 2007 (72 FR 20889).
For further information, contact Mr.
Antonio L. Dias, (Telephone 301–415–
6805), between 6:45 a.m. and 4:30 p.m.,
ET.
Dated: May 1, 2007.
Andrew L. Bates,
Advisory Committee Management Officer.
[FR Doc. E7–8676 Filed 5–4–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–07–086]
In the Matter of Certain Fuel Cycle
Licensees and All Other Persons Who
Seek or Obtain Authorized Unescorted
Access to Radioactive Material or
Other Property Described Herein;
Order Imposing Fingerprinting and
Criminal History Records Check
Requirements for Unescorted Access
to Certain Radioactive Material or
Other Property (Effective Immediately)
I
The Licensees identified in
Attachment 1 to this Order hold licenses
issued in accordance with the Atomic
Energy Act (AEA) of 1954, as amended,
by the U.S. Nuclear Regulatory
Commission (NRC), authorizing them to
possess radioactive materials. On
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25789
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 individual who is
permitted unescorted access to
radioactive material or other property
subject to regulation by the
Commission, and which the
Commission determines to be of such
significance to the public health and
safety or the common defense and
security as to warrant fingerprinting and
background checks. Though a
rulemaking to implement the
fingerprinting provisions of the EPAct is
currently underway, the NRC has
decided to implement this particular
requirement by Order, in part, prior to
the completion of the rulemaking
because a deliberate malevolent act by
an individual with unescorted access to
radioactive material or other property
has a potential to result in significant
adverse impacts to the public health and
safety or the common defense and
security.
Those exempted from fingerprinting
requirements under 10 CFR 73.61 [72
FR 4945 (February 2, 2007)] are also
exempt from the fingerprinting
requirements under this Order. In
addition, individuals who have had a
favorably-decided U.S. Government
criminal history records check within
the last five (5) years, or individuals
who have an active federal security
clearance (provided in either case that
they make available the appropriate
documentation), have satisfied the
EPAct fingerprinting requirement and
need not be fingerprinted again. Also,
individuals who have been
fingerprinted and granted access to SGI
by the reviewing official under the
previous fingerprinting order, ‘‘Order
Imposing Fingerprinting and Criminal
History Check Requirements for Access
to Safeguards Information,’’ do not need
to be fingerprinted again.
Subsequent to the terrorist events of
September 11, 2001, the NRC issued
security Orders requiring certain entities
to implement Additional Security
Measures (ASMs) or Interim
Compensatory Measures (ICMs) for
certain radioactive material. The
requirements imposed by these Orders
and the measures licensees have
developed to comply with that Order,
were designated by the NRC as
Safeguards Information (SGI) and were
not released to the public. These Orders
included a local criminal history
records check to determine
trustworthiness and reliability of
individuals seeking unescorted access to
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25790
Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices
radioactive material or other property.
‘‘Access’’ means that an individual
could exercise some physical control
over the material or device. In
accordance with Section 149 of the
AEA, as amended by the EPAct, the
Commission is imposing FBI criminal
history records check requirements, for
all individuals allowed unescorted
access to protected areas, secure areas,
and other areas, as applicable, as set
forth in the Order, for the Licensees
identified in Attachment 1 to this Order.
These requirements will remain in effect
until the Commission determines
otherwise. 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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II
Accordingly, pursuant to Sections 53,
62, 63, 81, 147, 149, 161b, 161i, 161o,
182 and 186 of the AEA of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202, 10 CFR
Part 40, 10 CFR Part 70 and 10 CFR Part
73, It is hereby ordered, effective
immediately, that all licensees
identified in attachment 1 and all other
persons who seek or obtain unescorted
access to radioactive material or other
property described herein shall comply
with the requirements set forth in this
Order.
A. All Licensee identified in
Attachment 1 to this Order shall, within
twenty (20) days of the date of this
Order, establish and maintain a
fingerprinting program that meets the
requirements of Attachment 2 to this
Order, for unescorted access to
radioactive material or other property.
B. All Licensees identified in
Attachment 1 to this Order shall, in
writing, within twenty (20) days from
the date of this Order, notify the
Commission: (1) Of receipt and
confirmation that compliance with the
Order will be achieved, (2) if unable to
comply with any of the requirements
described in Attachment 2, or (3) if
compliance with any of the
requirements are unnecessary in its
specific circumstances. The notification
shall provide the Licensee’s justification
for seeking relief from, or variation of,
any specific requirement.
C. In accordance with the NRC’s
‘‘Order Imposing Fingerprinting and
Criminal History Records Check
Requirements for Access to Safeguards
Information,’’ only an NRC-approved
reviewing official shall review the
results of a FBI criminal history records
check. The reviewing official shall
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determine whether an individual may
have, or continue to have, unescorted
access to radioactive material or other
property. Fingerprinting and the FBI
identification and criminal history
records check are not required for
individuals that are exempted from
fingerprinting requirements under 10
CFR 73.61 [72 FR 4945 (February 2,
2007)]. In addition, individuals who
have had a favorably-decided U.S.
Government criminal history records
check within the last five (5) years, or
have an active Federal security
clearance (provided in each case that
the appropriate documentation is made
available to the Licensee’s reviewing
official), have satisfied the EPAct
fingerprinting requirement and need not
be fingerprinted again.
D. Fingerprints shall be submitted and
reviewed in accordance with the
procedures described in Attachment 2
to this Order. Individuals who have
been fingerprinted and granted access to
SGI by the reviewing official, under the
NRC’s ‘‘Order Imposing Fingerprinting
and Criminal History Check
Requirements for Access to Safeguards
Information’’ do not need to be
fingerprinted again for purposes of
authorizing unescorted access. No
person may have access to SGI or
unescorted access to any radioactive
material or property subject to
regulation by the NRC if the NRC has
determined, in accordance with its
administrative review process based on
fingerprinting and an FBI identification
and criminal history records check,
either that the person may not have
access to SGI or that the person may not
have unescorted access to radioactive
material or property subject to
regulation by the NRC.
E. The Licensee may allow any
individual who currently has
unescorted access to radioactive
material or other property, in
accordance with the ASM or ICM
Security Orders, to continue to have
unescorted access, pending a decision
by the reviewing official (based on
fingerprinting, an FBI criminal history
records check and a trustworthiness and
reliability determination) that the
individual may continue to have
unescorted access to radioactive
material or other property. The Licensee
shall complete implementation of the
requirements of Attachment 2 to this
Order within ninety (90) days from the
date of issuance of this Order.
Licensee responses to Condition B.
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
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Sfmt 4703
marked as ‘‘Security-Related
Information—withhold under 10 CRF
2.390’’, or as ‘‘Official Use Only—
Department of Energy,’’ as applicable.
The Director, Office of Nuclear
Material Safety and Safeguards, may, in
writing, relax or rescind any of the
above conditions upon demonstration of
good cause by the Licensee.
III
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 regarding this
Order, within twenty (20) days from the
date of this Order. Where good cause is
shown, consideration will be given to
extending the time to either submit an
answer or request a hearing. A request
for extension of time in which to submit
an answer or request a hearing must be
made in writing to the Director, Office
of Nuclear 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 for 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 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 the Licensee, if the answer or
hearing request is by an individual 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 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 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
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Order and shall address the criteria set
forth in 10 CFR 2.309.
If a hearing is requested by the
Licensee or an individual whose interest
is adversely affected, the Commission
will issue an Order designating the time
and place of a hearing. If a hearing is
held, the issue to be considered at such
hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the
Licensee may, in addition to demanding
a hearing, at the time the answer is filed,
or sooner, move 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 a hearing shall not stay the
immediate effectiveness of this order.
Dated this 30th day of April 2007.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety
and Safeguards.
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Attachment 1: List of Applicable Licensees
License No. SNM–1168, Docket No. 70–1201,
AREVA NP, Inc., Lynchburg, VA.
License No. SNM–1227, Docket No. 70–1257,
AREVA NP, Inc., Richland, WA.
License No. SNM–42, Docket No. 70–27,
BWXT Technologies, Inc., Lynchburg, VA.
License No. SNM–1097, Docket No. 70–1113,
Global Nuclear Fuel—Americas, LLC,
Wilmington, NC.
License No. SUB–526, Docket No. 40–3392,
Honeywell International, Inc., Metropolis,
IL.
License No. SNM–2010, Docket No. 70–3103,
Louisiana Energy Services, L.P. (LES), Lea
County, New Mexico.
License No. SNM–124, Docket No. 70–143,
Nuclear Fuel Services, Erwin, TN.
License No. SNM–1107, Docket No. 70–1151,
Westinghouse Electric Company LLC,
Columbia, SC.
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18:36 May 04, 2007
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Attachment 2: Requirements for
Fingerprinting and Criminal History
Records Checks of Individuals When
Licensee’s Reviewing Official Is Determining
Unescorted Access to Radioactive Material
or Other Property
General Requirements
Licensees shall comply with the following
requirements of this Attachment.
1. Each Licensee subject to the provisions
of this Attachment shall fingerprint each
individual who is seeking or permitted
unescorted access to radioactive material or
other property. 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 for unescorted access 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
73.61 for unescorted access, 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 unescorted
access to radioactive material or other
property 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’s Reviewing Official shall
review the information received from the FBI
and consider it, in conjunction with the
trustworthiness and reliability requirements
established by the previous ASM or ICM
Security Orders, in making a determination
whether to grant, or continue to allow,
unescorted access to radioactive material or
other property.
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 unescorted
access to the radioactive material or other
property.
7. The Licensee shall document the basis
for its determination whether to grant, or
continue to allow, unescorted access to the
radioactive material or other property.
Prohibitions
A Licensee shall not base a final
determination to deny an individual access
to radioactive material or other property
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Sfmt 4703
25791
solely on information received from the FBI
involving an arrest more than one (1) year
old, for which there is no information as to
disposition of the case, or an arrest that
resulted in dismissal of the charge or an
acquittal.
A Licensee shall not use information
received from a criminal history records
check obtained pursuant to this Order in a
manner that would infringe upon the rights
of any individual under the First
Amendment to the Constitution of the United
States, nor shall the Licensee use the
information in any way which would
discriminate among individuals on the basis
of race, religion, national origin, sex, or age.
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
Nuclear Regulatory Commission’s (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 unescorted access to radioactive
material or other property, 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
via 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
resubmission. 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
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Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices
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.
pwalker on PROD1PC71 with NOTICES
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 the record 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
allow 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
determination for unescorted access to
radioactive material or other property based
on the criminal history records check, only
upon receipt of the FBI’s ultimate
confirmation or correction of the record.
Upon a final adverse determination for
unescorted access to radioactive material or
other property, the Licensee shall provide the
individual its documented basis for denial.
During this review process for assuring
correct and complete information, unescorted
access to radioactive material or other
property shall not be granted to an
individual.
Protection of Information
1. Each Licensee who obtains a criminal
history records check for 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 nor personal information collected
and maintained to persons other than the
subject individual, his/her representative, or
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18:36 May 04, 2007
Jkt 211001
to those who have a need to access the
information in performing assigned duties in
the process of determining unescorted access
to the radioactive material or other property.
No individual authorized to have access to
the information may redisseminate 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 records
check may be transferred to another Licensee
if the Licensee holding the criminal history
record receives the individual’s written
request to redisseminate 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 denial to
unescorted access to radioactive material or
other property. 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. E7–8666 Filed 5–4–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–07–087]
In the Matter of Certificate Holders and
All Other Persons Who Seek or Obtain
Authorized Unescorted Access to
Radioactive Material or Other Property
Described Herein; Order Imposing
Fingerprinting and Criminal History
Records Check Requirements for
Unescorted Access to Certain
Radioactive Material or Other Property
(Effective Immediately)
I
The Certificate Holders identified in
Attachment 1 to this Order hold
certificates issued in accordance with
the Atomic Energy Act (AEA) of 1954,
as amended, by the U.S. Nuclear
Regulatory Commission (NRC),
authorizing them to possess radioactive
material. 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
individual who is permitted unescorted
access to radioactive material or other
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
property subject to regulation by the
Commission, and which the
Commission determines to be of such
significance to the public health and
safety or the common defense and
security as to warrant fingerprinting and
background checks. Though a
rulemaking to implement the
fingerprinting provisions of the EPAct is
currently underway, the NRC has
decided to implement this requirement,
in part, prior to the completion of the
rulemaking, because a deliberate
malevolent act by an individual with
unescorted access to radioactive
material or other property has a
potential to result in significant adverse
impacts to the public health and safety
or the common defense and security.
Those exempted from fingerprinting
requirements under 10 CFR 73.61 [72
Federal Register 4945 (February 2,
2007)] are also exempt from the
fingerprinting requirements under this
Order. In addition, individuals who
have had a favorably-decided U.S.
Government criminal history records
check within the last five (5) years, or
individuals who have an active federal
security clearance (provided in either
case that they make available the
appropriate documentation), have
satisfied the EPAct fingerprinting
requirement and need not be
fingerprinted again.
Subsequent to the terrorist events of
September 11, 2001, the NRC issued
security Orders requiring certain entities
to implement Additional Security
Measures (ASMs) or Interim
Compensatory Measures (ICMs) for
certain radioactive material. These
Orders included a local criminal history
records check to determine
trustworthiness and reliability of
individuals needing unescorted access
to radioactive material or other
property. ‘‘Access’’ means that an
individual could exercise some physical
control over the material or device. In
accordance with Section 149 of the
AEA, as amended by the EPAct, the
Commission is imposing FBI criminal
history records check requirements, for
all individuals allowed unescorted
access to protected areas, secure areas,
and other areas, as applicable, as set
forth in the Order, for the Certificate
Holders identified in Attachment 1 to
this Order. These requirements will
remain in effect until the Commission
determines otherwise. 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.
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Notices]
[Pages 25789-25792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8666]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-07-086]
In the Matter of Certain Fuel Cycle Licensees and All Other
Persons Who Seek or Obtain Authorized Unescorted Access to Radioactive
Material or Other Property Described Herein; Order Imposing
Fingerprinting and Criminal History Records Check Requirements for
Unescorted Access to Certain Radioactive Material or Other Property
(Effective Immediately)
I
The Licensees identified in Attachment 1 to this Order hold
licenses issued in accordance with the Atomic Energy Act (AEA) of 1954,
as amended, by the U.S. Nuclear Regulatory Commission (NRC),
authorizing them to possess radioactive materials. 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 individual who is permitted unescorted
access to radioactive material or other property subject to regulation
by the Commission, and which the Commission determines to be of such
significance to the public health and safety or the common defense and
security as to warrant fingerprinting and background checks. Though a
rulemaking to implement the fingerprinting provisions of the EPAct is
currently underway, the NRC has decided to implement this particular
requirement by Order, in part, prior to the completion of the
rulemaking because a deliberate malevolent act by an individual with
unescorted access to radioactive material or other property has a
potential to result in significant adverse impacts to the public health
and safety or the common defense and security.
Those exempted from fingerprinting requirements under 10 CFR 73.61
[72 FR 4945 (February 2, 2007)] are also exempt from the fingerprinting
requirements under this Order. In addition, individuals who have had a
favorably-decided U.S. Government criminal history records check within
the last five (5) years, or individuals who have an active federal
security clearance (provided in either case that they make available
the appropriate documentation), have satisfied the EPAct fingerprinting
requirement and need not be fingerprinted again. Also, individuals who
have been fingerprinted and granted access to SGI by the reviewing
official under the previous fingerprinting order, ``Order Imposing
Fingerprinting and Criminal History Check Requirements for Access to
Safeguards Information,'' do not need to be fingerprinted again.
Subsequent to the terrorist events of September 11, 2001, the NRC
issued security Orders requiring certain entities to implement
Additional Security Measures (ASMs) or Interim Compensatory Measures
(ICMs) for certain radioactive material. The requirements imposed by
these Orders and the measures licensees have developed to comply with
that Order, were designated by the NRC as Safeguards Information (SGI)
and were not released to the public. These Orders included a local
criminal history records check to determine trustworthiness and
reliability of individuals seeking unescorted access to
[[Page 25790]]
radioactive material or other property. ``Access'' means that an
individual could exercise some physical control over the material or
device. In accordance with Section 149 of the AEA, as amended by the
EPAct, the Commission is imposing FBI criminal history records check
requirements, for all individuals allowed unescorted access to
protected areas, secure areas, and other areas, as applicable, as set
forth in the Order, for the Licensees identified in Attachment 1 to
this Order. These requirements will remain in effect until the
Commission determines otherwise. 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.
II
Accordingly, pursuant to Sections 53, 62, 63, 81, 147, 149, 161b,
161i, 161o, 182 and 186 of the AEA of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202, 10 CFR Part 40, 10 CFR Part
70 and 10 CFR Part 73, It is hereby ordered, effective immediately,
that all licensees identified in attachment 1 and all other persons who
seek or obtain unescorted access to radioactive material or other
property described herein shall comply with the requirements set forth
in this Order.
A. All Licensee identified in Attachment 1 to this Order shall,
within twenty (20) days of the date of this Order, establish and
maintain a fingerprinting program that meets the requirements of
Attachment 2 to this Order, for unescorted access to radioactive
material or other property.
B. All Licensees identified in Attachment 1 to this Order shall, in
writing, within twenty (20) days from the date of this Order, notify
the Commission: (1) Of receipt and confirmation that compliance with
the Order will be achieved, (2) if unable to comply with any of the
requirements described in Attachment 2, or (3) if compliance with any
of the requirements are unnecessary in its specific circumstances. The
notification shall provide the Licensee's justification for seeking
relief from, or variation of, any specific requirement.
C. In accordance with the NRC's ``Order Imposing Fingerprinting and
Criminal History Records Check Requirements for Access to Safeguards
Information,'' only an NRC-approved reviewing official shall review the
results of a FBI criminal history records check. The reviewing official
shall determine whether an individual may have, or continue to have,
unescorted access to radioactive material or other property.
Fingerprinting and the FBI identification and criminal history records
check are not required for individuals that are exempted from
fingerprinting requirements under 10 CFR 73.61 [72 FR 4945 (February 2,
2007)]. In addition, individuals who have had a favorably-decided U.S.
Government criminal history records check within the last five (5)
years, or have an active Federal security clearance (provided in each
case that the appropriate documentation is made available to the
Licensee's reviewing official), have satisfied the EPAct fingerprinting
requirement and need not be fingerprinted again.
D. Fingerprints shall be submitted and reviewed in accordance with
the procedures described in Attachment 2 to this Order. Individuals who
have been fingerprinted and granted access to SGI by the reviewing
official, under the NRC's ``Order Imposing Fingerprinting and Criminal
History Check Requirements for Access to Safeguards Information'' do
not need to be fingerprinted again for purposes of authorizing
unescorted access. No person may have access to SGI or unescorted
access to any radioactive material or property subject to regulation by
the NRC if the NRC has determined, in accordance with its
administrative review process based on fingerprinting and an FBI
identification and criminal history records check, either that the
person may not have access to SGI or that the person may not have
unescorted access to radioactive material or property subject to
regulation by the NRC.
E. The Licensee may allow any individual who currently has
unescorted access to radioactive material or other property, in
accordance with the ASM or ICM Security Orders, to continue to have
unescorted access, pending a decision by the reviewing official (based
on fingerprinting, an FBI criminal history records check and a
trustworthiness and reliability determination) that the individual may
continue to have unescorted access to radioactive material or other
property. The Licensee shall complete implementation of the
requirements of Attachment 2 to this Order within ninety (90) days from
the date of issuance of this Order.
Licensee responses to Condition B. 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 CRF 2.390'', or as ``Official Use Only--Department of
Energy,'' as applicable.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions upon
demonstration of good cause by the Licensee.
III
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 regarding this Order, within twenty
(20) days from the date of this Order. Where good cause is shown,
consideration will be given to extending the time to either submit an
answer or request a hearing. A request for extension of time in which
to submit an answer or request a hearing must be made in writing to the
Director, Office of Nuclear 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 for 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 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 the
Licensee, if the answer or hearing request is by an individual 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 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 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
[[Page 25791]]
Order and shall address the criteria set forth in 10 CFR 2.309.
If a hearing is requested by the Licensee or an individual whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of a hearing. If a hearing is held, the
issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to
demanding a hearing, at the time the answer is filed, or sooner, move
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 a hearing shall not stay the immediate
effectiveness of this order.
Dated this 30th day of April 2007.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
Attachment 1: List of Applicable Licensees
License No. SNM-1168, Docket No. 70-1201, AREVA NP, Inc., Lynchburg,
VA.
License No. SNM-1227, Docket No. 70-1257, AREVA NP, Inc., Richland,
WA.
License No. SNM-42, Docket No. 70-27, BWXT Technologies, Inc.,
Lynchburg, VA.
License No. SNM-1097, Docket No. 70-1113, Global Nuclear Fuel--
Americas, LLC, Wilmington, NC.
License No. SUB-526, Docket No. 40-3392, Honeywell International,
Inc., Metropolis, IL.
License No. SNM-2010, Docket No. 70-3103, Louisiana Energy Services,
L.P. (LES), Lea County, New Mexico.
License No. SNM-124, Docket No. 70-143, Nuclear Fuel Services,
Erwin, TN.
License No. SNM-1107, Docket No. 70-1151, Westinghouse Electric
Company LLC, Columbia, SC.
Attachment 2: Requirements for Fingerprinting and Criminal History
Records Checks of Individuals When Licensee's Reviewing Official Is
Determining Unescorted Access to Radioactive Material or Other Property
General Requirements
Licensees shall comply with the following requirements of this
Attachment.
1. Each Licensee subject to the provisions of this Attachment
shall fingerprint each individual who is seeking or permitted
unescorted access to radioactive material or other property. 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 for unescorted access 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 73.61 for unescorted access, 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 unescorted access to radioactive
material or other property 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's Reviewing Official shall review the
information received from the FBI and consider it, in conjunction
with the trustworthiness and reliability requirements established by
the previous ASM or ICM Security Orders, in making a determination
whether to grant, or continue to allow, unescorted access to
radioactive material or other property.
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 unescorted access to the radioactive
material or other property.
7. The Licensee shall document the basis for its determination
whether to grant, or continue to allow, unescorted access to the
radioactive material or other property.
Prohibitions
A Licensee shall not base a final determination to deny an
individual access to radioactive material or other property solely
on information received from the FBI involving an arrest more than
one (1) year old, for which there is no information as to
disposition of the case, or an arrest that resulted in dismissal of
the charge or an acquittal.
A Licensee shall not use information received from a criminal
history records check obtained pursuant to this Order in a manner
that would infringe upon the rights of any individual under the
First Amendment to the Constitution of the United States, nor shall
the Licensee use the information in any way which would discriminate
among individuals on the basis of race, religion, national origin,
sex, or age.
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
Nuclear Regulatory Commission's (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 unescorted
access to radioactive material or other property, 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 via 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 resubmission. 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
[[Page 25792]]
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 the
record 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
allow 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 determination for unescorted access to radioactive
material or other property based on the criminal history records
check, only upon receipt of the FBI's ultimate confirmation or
correction of the record. Upon a final adverse determination for
unescorted access to radioactive material or other property, the
Licensee shall provide the individual its documented basis for
denial. During this review process for assuring correct and complete
information, unescorted access to radioactive material or other
property shall not be granted to an individual.
Protection of Information
1. Each Licensee who obtains a criminal history records check
for 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 nor 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 unescorted access to the radioactive material
or other property. No individual authorized to have access to the
information may redisseminate 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 records check may be transferred to another
Licensee if the Licensee holding the criminal history record
receives the individual's written request to redisseminate 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 denial to unescorted access to
radioactive material or other property. 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. E7-8666 Filed 5-4-07; 8:45 am]
BILLING CODE 7590-01-P
