Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to All Research and Test Reactor Licensees Identified in Attachment 1 (Effective Immediately); Correction, 26850-26852 [E7-9122]
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26850
Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Notices
Equipment, Inc., Kidde Residential and
Commercial Division, Mebane, North
Carolina who were adversely affected by
a shift in production to Mexico.
The amended notice applicable to
TA–W–60,195 is hereby issued as
follows:
All workers of Walter Kidde Portable
Equipment, Inc., Kidde Residential &
Commercial Division, including on-site
temporary workers of Special Team Power
and Aerotek, Mebane, North Carolina, who
became totally or partially separated from
employment on or after October 1, 2005,
through October 12, 2008, are eligible to
apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade
adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed at Washington, DC, this 4th day of
May 2007.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E7–9102 Filed 5–10–07; 8:45 am]
BILLING CODE 4510–FN–P
NATIONAL SCIENCE FOUNDATION
Advisory Committee for Social,
Behavioral and Economic Sciences;
Notice of Meeting
ycherry on PROD1PC64 with NOTICES
In accordance with Federal Advisory
Committee Act (Pub. L. 92–463, as
amended), the National Science
Foundation announces the following
meeting:
Name: Advisory Committee for Social,
Behavioral, and Economic Sciences (#1171).
Date/Time: June 7, 2007; 1 p.m. to 5 p.m.
Place: National Science Foundation, 4201
Wilson Blvd., Room 920, Virtual meeting,
Arlington, VA 22230.
Type of Meeting: Open.
Contact Person: Mr. Tyrone Jordan, Office
of the Assistant Director, Directorate for
Social, Behavioral, and Economic Sciences,
National Science Foundation, 4201 Wilson
Boulevard, Room 905, Arlington, VA 22230,
703–292–8741.
Summary Minutes: May be obtained from
contact person listed above.
Purpose of Meeting: To provide advice and
recommendations to the National Science
Foundation on major goals and policies
pertaining to Social, Behavioral and
Economic Sciences Directorate programs and
activities.
Agenda: Topics:
• Science of Science and Innovation
Policy.
• Human and Social Dynamics Priority
Area.
• International Polar Year.
• Division of Social & Economic Sciences:
Committee of Visitors (COV) Report.
• Initiatives for the FY 2009 OMB Budget.
• NSTC Subcommittee on the SBE
Sciences—Prospectus of Grand Challenges.
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21:09 May 10, 2007
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• Briefing on IPAMM (Working Group on
Impact of Proposal Award and Management
Mechanisms).
• Agenda Items for fall 2007 Meeting.
Dated: May 8, 2007.
Susanne Bolton,
Committee Management Officer.
[FR Doc. E7–9091 Filed 5–10–07; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[ Docket Nos. 50–247 and 50–286]
Entergy Nuclear Operations, Inc.;
Notice of Receipt and Availability of
Application for Renewal of Indian Point
Nuclear Generating Unit Nos. 2 and 3;
Facility Operating License Nos. DPR–
26 and DPR–64 for an Additional 20Year Period
The U.S. Nuclear Regulatory
Commission (NRC or Commission) has
received an application, dated April 23,
2007, as supplemented by letter dated
May 3, 2007, from Entergy Nuclear
Operations, Inc., filed pursuant to
Section 104b of the Atomic Energy Act
of 1954, as amended, and Title 10 of the
Code of Federal Regulations Part 54 (10
CFR part 54), to renew the operating
licenses for the Indian Point Nuclear
Generating Unit Nos. 2 and 3. Renewal
of the licenses would authorize the
applicant to operate the facility for an
additional 20-year period beyond the
period specified in the current operating
licenses. The current operating licenses
for the Indian Point Nuclear Generating
Unit Nos. 2 and 3 (DPR–26 and DPR–
64) expire on September 28, 2013, and
December 12, 2015, respectively. The
Indian Point Nuclear Generating Unit
Nos. 2 and 3 are Pressurized Water
Reactors designed by Westinghouse.
The units are located in Buchanan, NY.
The acceptability of the tendered
application for docketing, and other
matters including an opportunity to
request a hearing, will be the subject of
subsequent Federal Register notices.
Copies of the application are available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland 20852 or
electronically from the NRC’s
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room under
accession number ML071210507. The
ADAMS Public Electronic Reading
Room is accessible from the NRC’s Web
site at https://www.nrc.gov/reading-rm/
adams.html. In addition, the application
PO 00000
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Fmt 4703
Sfmt 4703
is available at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html, on the NRC’s Web
page, while the application is under
review. Persons who do not have access
to ADAMS or who encounter problems
in accessing the documents located in
ADAMS should contact the NRC’s PDR
Reference staff at 1–800–397–4209,
extension 301–415–4737, or by e-mail to
pdr@nrc.gov.
A copy of the license renewal
application for the Indian Point Nuclear
Generating Unit Nos. 2 and 3 is also
available to local residents near the
Indian Point Nuclear Generating Units
at the following three public libraries:
the White Plains Public Library, 100
Martine Avenue, White Plains, NY
10601; the Field Library, 4 Nelson
Avenue, Peekskill, NY 10566; and the
Hendrick Hudson Free Library, 185
Kings Ferry Road, Montrose, NY 10548.
Dated at Rockville, Maryland, this 7th day
of May, 2007.
For the Nuclear Regulatory Commission.
P.T. Kuo,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. E7–9123 Filed 5–10–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Order Imposing Fingerprinting and
Criminal History Records Check
Requirements for Unescorted Access
to All Research and Test Reactor
Licensees Identified in Attachment 1
(Effective Immediately); Correction
Nuclear Regulatory
Commission.
ACTION: Correction.
AGENCY:
SUMMARY: This document corrects a
notice appearing in the Federal Register
on May 4, 2007 (72 FR 25337). This
action is necessary to publish an
attachment that was inadvertently
omitted.
FOR FURTHER INFORMATION CONTACT:
Daniel S. Collins, Branch Chief,
Research and Test Reactors Branch A,
Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone
(301) 415–8707, e-mail dxc1@nrc.gov.
SUPPLEMENTARY INFORMATION: A
document was published on May 4,
2007 (72 FR 25337), that should have
included an Attachment 2. This
document is published to include
Attachment 2.
E:\FR\FM\11MYN1.SGM
11MYN1
Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Notices
Dated at Rockville, Maryland, this 7th day
of May 2007.
For the Nuclear Regulatory Commission.
Daniel S. Collins,
Branch Chief, Research and Test Reactors,
Branch A, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
Attachment 2—Requirements for
Fingerprinting and Criminal History
Checks of Individuals for Determining
Unescorted Access
General Requirements
ycherry on PROD1PC64 with NOTICES
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
as defined in the associated Order. 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 again if an individual
who has a favorably-decided U.S.
Government criminal history check
within the last five (5) years, or who has
an active federal security clearance,
which included a U.S. Government
criminal history check. Written
confirmation from the Agency/employer
which granted the federal security
clearance or reviewed the criminal
history check must be provided for
these cases. The Licensee must retain
this documentation for a period of three
(3) years from the date the individual no
longer requires unescorted access.
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
other requirements for unescorted
access, in making a determination
whether to grant, or continue to allow,
unescorted access.
6. The Licensee shall use any
information obtained as part of a
criminal history records check solely for
the purpose of determining an
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21:09 May 10, 2007
Jkt 211001
individual’s suitability for unescorted
access.
7. The Licensee shall document the
basis for its determination whether to
grant, or continue to allow, unescorted
access.
Prohibitions
A Licensee shall not base a final
determination to deny an individual
unescorted access solely on the basis of
information received from the FBI
involving: An arrest more than one (1)
year old for which there is no
information of the disposition of the
case, or an arrest that resulted in
dismissal of the charge or an acquittal.
A Licensee shall not use information
received from a criminal history check
obtained pursuant to this Order in a
manner that would infringe upon the
rights of any individual under the First
Amendment to the Constitution of the
United States, nor shall the Licensee use
the information in any way which
would discriminate among individuals
on the basis of race, religion, national
origin, sex, or age.
Procedures for Processing Fingerprint
Checks
For the purpose of complying with
this Order, Licensees shall, using an
appropriate method listed in 10 CFR
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 unescorted
access, to the Director of the Division of
Facilities and Security, marked for the
attention of the Division’s Criminal
History Check Section. Copies of these
forms may be obtained by writing the
Office of Information Services, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, by calling
301–415–5877, or by e-mail to
forms@nrc.gov. Practicable alternative
formats are set forth in 10 CFR 73.4. The
Licensee shall establish procedures to
ensure that the quality of the
fingerprints taken results in minimizing
the rejection rate of fingerprint cards
due to illegible or incomplete cards.
The NRC will review submitted
fingerprint cards for completeness. Any
Form FD–258 fingerprint record
containing omissions or evident errors
will be returned to the Licensee for
corrections. The fee for processing
fingerprint checks includes one resubmission if the initial submission is
returned by the FBI because the
fingerprint impressions cannot be
classified. The one free re-submission
must have the FBI Transaction Control
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
26851
Number reflected on the re-submission.
If additional submissions are necessary,
they will be treated as initial submittals
and will require a second payment of
the processing fee.
Fees for processing fingerprint checks
are due upon application. Licensees
shall submit payment with the
application for processing fingerprints
by corporate check, certified check,
cashier’s check, money order, or
electronic payment, made payable to
‘‘U.S. NRC.’’ [For guidance on making
electronic payments, contact the
Facilities Security Branch, Division of
Facilities and Security, at 301–415–
7404]. Combined payment for multiple
applications is acceptable. The
application fee (currently $27) is the
sum of the user fee charged by the FBI
for each fingerprint card or other
fingerprint record submitted by the NRC
on behalf of a Licensee, and an NRC
processing fee, which covers
administrative costs associated with
NRC handling of Licensee fingerprint
submissions. The Commission will
directly notify Licensees who are
subject to this regulation of any fee
changes.
The Commission will forward to the
submitting Licensee all data received
from the FBI as a result of the Licensee’s
application(s) for criminal history
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
E:\FR\FM\11MYN1.SGM
11MYN1
26852
Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Notices
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
determination on unescorted access
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
unescorted access, the Licensee shall
provide the individual its documented
basis for denial. Unescorted access shall
not be granted to an individual during
the review process, except as allowed by
the Order.
ycherry on PROD1PC64 with NOTICES
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 unescorted
access. 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
record 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.
VerDate Aug<31>2005
21:09 May 10, 2007
Jkt 211001
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. 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. E7–9122 Filed 5–10–07; 8:45 am]
BILLING CODE 7590–01–P
PEACE CORPS
Information Collection Requests Under
OMB Review
Peace Corps.
Notice of information collection.
AGENCY:
ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act, this notice
invites the public to comment on the
proposed collection of information by
the Peace Corps’ Office of the Inspector
General. The Peace Corps’ Office of the
Inspector General wishes to collect
feedback on the efficiency and
effectiveness of the Peace Corps medical
clearance process. The Office of the
Inspector General will contact the
former applicants by e-mail, telephone
or mail and will request them to
complete an online or paper survey in
which they will share information on
their experience completing the medical
clearance portion of the Peace Corps
application process. A small percentage
of these applicants will also be
contacted for telephone interviews.
DATES: Submit comments on or before
June 11, 2007.
ADDRESSES: Comments should be
addressed to Shelley Elbert, Senior
Evaluator, Office of Inspector General,
Peace Corps, 1111 20th Street, NW.,
Room L560, Washington, DC 20526.
Shelley Elbert can be contacted by
telephone at 202–692-2904 or e-mail at
selbert@peacecorps.gov. E-mail
comments must be made in text and not
in attachments.
FOR FURTHER INFORMATION CONTACT:
Shelley Elbert, Senior Evaluator, Office
of Inspector General, Peace Corps, 1111
20th Street, NW., Room L560,
Washington, DC 20526.
SUPPLEMENTARY INFORMATION: The
purpose of this survey is to collect
feedback from Peace Corps applicants
on the efficiency and effectiveness of
the Peace Corps medical clearance
system. The Peace Corps medical
clearance process is the system by
which the agency determines whether
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
an applicant is medically fit to become
a Peace Corps Volunteer. The applicants
who engaged in the medical clearance
process are one of the best sources of
information on whether the process is
running effectively. Determining
whether the medical clearance is
processing applications efficiently and
effectively is critical to the mission of
the Peace Corps. There is no statutory or
regulatory requirement for this
information.
The Peace Corps Office of the
Inspector General will use this
information to evaluate the current
status of the medical clearance system
and to make recommendations for
necessary changes in policy and or/
systems.
Method: The information will be
collected primarily through an online
survey. A small percentage of those who
respond to the online survey will be
contacted for additional information
through telephone or face to face
interviews.
Title: Peace Corps Medical Clearance
Survey.
OMB Control Number: [To be
assigned.]
Type of Review: Emergency New
Collection of Information.
Affected Public: Former applicants to
the Peace Corps who at least initiated
the medical clearance process.
Estimate of the total number of
respondents and the amount of time for
an average respondent to respond: 1,673
respondents, 1⁄2 hour average written
response time. About 45 respondents
will be requested to answer oral
questions for a hour.
Estimate of the total public burden (in
hours) associated with this collection:
881.5 hours.
This notice issued in Washington, DC on
May 11, 2007.
Wilbert Bryant,
Associate Director for Management.
[FR Doc. 07–2324 Filed 5–10–07; 8:45 am]
BILLING CODE 6015–01–M
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold the following
meeting during the week of May 14,
2007:
Closed Meetings will be held on
Tuesday, May 15, 2007 at 2 p.m. and
Thursday, May 17, 2007 at 9:45 a.m.
E:\FR\FM\11MYN1.SGM
11MYN1
]]>Agencies
[Federal Register Volume 72, Number 91 (Friday, May 11, 2007)]
[Notices]
[Pages 26850-26852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9122]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Order Imposing Fingerprinting and Criminal History Records Check
Requirements for Unescorted Access to All Research and Test Reactor
Licensees Identified in Attachment 1 (Effective Immediately);
Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects a notice appearing in the Federal
Register on May 4, 2007 (72 FR 25337). This action is necessary to
publish an attachment that was inadvertently omitted.
FOR FURTHER INFORMATION CONTACT: Daniel S. Collins, Branch Chief,
Research and Test Reactors Branch A, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-8707, e-mail
dxc1@nrc.gov.
SUPPLEMENTARY INFORMATION: A document was published on May 4, 2007 (72
FR 25337), that should have included an Attachment 2. This document is
published to include Attachment 2.
[[Page 26851]]
Dated at Rockville, Maryland, this 7th day of May 2007.
For the Nuclear Regulatory Commission.
Daniel S. Collins,
Branch Chief, Research and Test Reactors, Branch A, Division of Policy
and Rulemaking, Office of Nuclear Reactor Regulation.
Attachment 2--Requirements for Fingerprinting and Criminal History
Checks of Individuals for Determining Unescorted Access
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 as defined in the associated Order. 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 again if an
individual who has a favorably-decided U.S. Government criminal history
check within the last five (5) years, or who has an active federal
security clearance, which included a U.S. Government criminal history
check. Written confirmation from the Agency/employer which granted the
federal security clearance or reviewed the criminal history check must
be provided for these cases. The Licensee must retain this
documentation for a period of three (3) years from the date the
individual no longer requires unescorted access.
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 other requirements for
unescorted access, in making a determination whether to grant, or
continue to allow, unescorted access.
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.
7. The Licensee shall document the basis for its determination
whether to grant, or continue to allow, unescorted access.
Prohibitions
A Licensee shall not base a final determination to deny an
individual unescorted access solely on the basis of information
received from the FBI involving: An arrest more than one (1) year old
for which there is no information of the disposition of the case, or an
arrest that resulted in dismissal of the charge or an acquittal.
A Licensee shall not use information received from a criminal
history check obtained pursuant to this Order in a manner that would
infringe upon the rights of any individual under the First Amendment to
the Constitution of the United States, nor shall the Licensee use the
information in any way which would discriminate among individuals on
the basis of race, religion, national origin, sex, or age.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this Order, Licensees shall,
using an appropriate method listed in 10 CFR 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
unescorted access, to the Director of the Division of Facilities and
Security, marked for the attention of the Division's Criminal History
Check Section. Copies of these forms may be obtained by writing the
Office of Information Services, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, by calling 301-415-5877, or by e-mail to
forms@nrc.gov. Practicable alternative formats are set forth in 10 CFR
73.4. The Licensee shall establish procedures to ensure that the
quality of the fingerprints taken results in minimizing the rejection
rate of fingerprint cards due to illegible or incomplete cards.
The NRC will review submitted fingerprint cards for completeness.
Any Form FD-258 fingerprint record containing omissions or evident
errors will be returned to the Licensee for corrections. The fee for
processing fingerprint checks includes one re-submission if the initial
submission is returned by the FBI because the fingerprint impressions
cannot be classified. The one free re-submission must have the FBI
Transaction Control Number reflected on the re-submission. If
additional submissions are necessary, they will be treated as initial
submittals and will require a second payment of the processing fee.
Fees for processing fingerprint checks are due upon application.
Licensees shall submit payment with the application for processing
fingerprints by corporate check, certified check, cashier's check,
money order, or electronic payment, made payable to ``U.S. NRC.'' [For
guidance on making electronic payments, contact the Facilities Security
Branch, Division of Facilities and Security, at 301-415-7404]. Combined
payment for multiple applications is acceptable. The application fee
(currently $27) is the sum of the user fee charged by the FBI for each
fingerprint card or other fingerprint record submitted by the NRC on
behalf of a Licensee, and an NRC processing fee, which covers
administrative costs associated with NRC handling of Licensee
fingerprint submissions. The Commission will directly notify Licensees
who are subject to this regulation of any fee changes.
The Commission will forward to the submitting Licensee all data
received from the FBI as a result of the Licensee's application(s) for
criminal history 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
[[Page 26852]]
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
determination on unescorted access 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
unescorted access, the Licensee shall provide the individual its
documented basis for denial. Unescorted access shall not be granted to
an individual during the review process, except as allowed by the
Order.
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
unescorted access. 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 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 denial to unescorted access. 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. E7-9122 Filed 5-10-07; 8:45 am]
BILLING CODE 7590-01-P
