In the Matter of all Panoramic and Underwater Irradiators Authorized To Possess Greater Than 370 Terabecquerels (10,000 Curies) Byproduct Material in the Form of Sealed Sources; Order Imposing Compensatory Measures (Effective Immediately), 30877-30882 [E7-10695]

Download as PDF Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Notices rwilkins on PROD1PC63 with NOTICES include either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation Identification Division, Washington, DC 20537–9700 (as set forth in 28 CFR Part 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The Licensee must provide at least ten (10) days for an 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 access to SGI or unescorted access RAMQC 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 or unescorted access to RAMQC, the Licensee shall provide the individual its documented basis for denial. Access to SGI or unescorted access to RAMQC shall not be granted to an individual during the review process. 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 access SGI or unescorted access to RAMQC. 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. 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 SGI or unescorted access to RAMQC. 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- I VerDate Aug<31>2005 20:34 Jun 01, 2007 Jkt 211001 [FR Doc. E7–10698 Filed 6–1–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [EA 07–002] In the Matter of all Panoramic and Underwater Irradiators Authorized To Possess Greater Than 370 Terabecquerels (10,000 Curies) Byproduct Material in the Form of Sealed Sources; Order Imposing Compensatory Measures (Effective Immediately) The Licensees identified in Attachment 1 to this Order hold licenses issued in accordance with the Atomic Energy Act of 1954 and 10 CFR part 36 or comparable Agreement State regulations by the U.S. Nuclear Regulatory Commission (NRC or Commission) or an Agreement State authorizing possession of greater than 370 terabecquerels (10,000 curies) of byproduct material in the form of sealed sources either in panoramic irradiators that have dry or wet storage of the sealed sources or in underwater irradiators in which both the source and the product being irradiated are under water. Commission regulations at 10 CFR 20.1801 or equivalent Agreement State regulations, require Licensees to secure, from unauthorized removal or access, licensed materials that are stored in controlled or unrestricted areas. Commission regulations at 10 CFR 20.1802 or equivalent Agreement States regulations, require Licensees to control and maintain constant surveillance of PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 30877 licensed material that is in a controlled or unrestricted area and that is not in storage. II On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and Washington, DC, utilizing large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its Licensees in order to strengthen Licensees’ capabilities and readiness to respond to a potential attack on a nuclear facility. The Commission has also communicated with other Federal, State and local government agencies and industry representatives to discuss and evaluate the current threat environment in order to assess the adequacy of security measures at licensed facilities. In addition, the Commission has been conducting a review of its safeguards and security programs and requirements. As a result of its consideration of current safeguards and license requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain compensatory measures are required to be implemented by Licensees as prudent measures to address the current threat environment. Therefore, the Commission is imposing the requirements, as set forth in Attachment 2 1 on all Licensees identified in Attachment 1 2 of this Order who currently possess, or have near term plans to possess, greater than 370 terabecquerels (10,000 curies) of byproduct material in the form of sealed sources. These requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety and common defense and security continue to be adequately protected in the current threat environment. Attachment 3 of this Order contains the requirements for fingerprinting and criminal history record checks for individuals when licensee’s reviewing official is determining access to Safeguards Information or unescorted 1 Attachment 2 contains some requirements that are SAFEGUARDS INFORMATION, and can not be released to the public, and have therefore been redacted. The remainder of the requirements contained in Attachment 2 that are not SAFEGUARDS INFORMATION will be released to the public. 2 Attachment 1 contains sensitive information and will not be released to the public. E:\FR\FM\04JNN1.SGM 04JNN1 rwilkins on PROD1PC63 with NOTICES 30878 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Notices access to the panoramic or underwater irradiator sealed sources. These requirements will remain in effect until the Commission determines otherwise. The Commission recognizes that Licensees may have already initiated many measures set forth in Attachment 2 to this Order in response to previously issued advisories or on their own. It is also recognized that some measures may not be possible or necessary at some sites, or may need to be tailored to accommodate the Licensees’ specific circumstances to achieve the intended objectives and avoid any unforeseen effect on the safe use and storage of the sealed sources. Although the additional security measures implemented by the Licensees in response to the Safeguards and Threat Advisories have been adequate to provide reasonable assurance of adequate protection of public health and safety, the Commission concludes that the security measures must be embodied in an Order consistent with the established regulatory framework. Some of the security measures contained in Attachment 2 of this Order contain Safeguards Information and will not be released to the public. The Commission has broad statutory authority to protect and prohibit the unauthorized disclosure of Safeguards Information. Section 147 of the Atomic Energy Act of 1954, as amended, grants the Commission explicit authority to ‘‘issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information * * *.’’ This authority extends to information concerning special nuclear material, source material, and byproduct material, as well as production and utilization facilities. Licensees must ensure proper handling and protection of Safeguards Information to avoid unauthorized disclosure in accordance with the specific requirements for the protection of Safeguards Information contained in Attachment 2 to the NRC’s ‘‘Order Imposing Requirements for the Protection of Certain Safeguards Information’’ (EA–06–241). The Commission hereby provides notice that it intends to treat all violations of the requirements contained in Attachment 2 to the NRC’s ‘‘Order Imposing Requirements for the Protection of Certain Safeguards Information’’ (EA– 06–241), applicable to the handling and unauthorized disclosure of Safeguards Information as serious breaches of adequate protection of the public health and safety and the common defense and security of the United States. Access to Safeguards Information is limited to those persons who have established a need-to-know the information, are VerDate Aug<31>2005 20:34 Jun 01, 2007 Jkt 211001 considered to be trustworthy and reliable, have been fingerprinted and undergone a Federal Bureau of Investigation (FBI) identification and criminal history records check in accordance with the NRC’s ‘‘Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information’’ (EA– 06–242). A need-to-know means a determination by a person having responsibility for protecting Safeguards Information that a proposed recipient’s access to Safeguards Information is necessary in the performance of official, contractual, or licensee duties of employment. Individuals who have been fingerprinted and granted access to Safeguards Information by the reviewing official under the NRC’s ‘‘Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information’’ (EA– 06–242) do not need to be fingerprinted again for purposes of being considered for unescorted access. In order to provide assurance that the Licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, all Licensees who hold licenses issued by the U.S. Nuclear Regulatory Commission or an Agreement State authorizing possession greater than 370 terabecquerels (10,000 curies) of byproduct material in the form of sealed sources in a panoramic or underwater irradiator shall implement the requirements identified in Attachments 2 and 3 to this Order. In addition, pursuant to 10 CFR 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health, safety and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 81, 147, 149, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202, 10 CFR Part 30 and Part 36, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT ALL LICENSEES IDENTIFIED IN ATTACHMENT 1 TO THIS ORDER SHALL COMPLY WITH THE REQUIREMENTS OF THIS ORDER AS FOLLOWS: A. The Licensees shall, notwithstanding the provisions of any Commission or Agreement State regulation or license to the contrary, comply with the requirements described in Attachments 2 and 3 to this Order. The licensee shall immediately start implementation of the requirements in PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 Attachments 2 and 3 to the Order and shall complete implementation by November 18, 2007, or the first day that greater than 370 terabecquerels (10,000 curies) of byproduct material in the form of sealed sources is possessed, which ever is later. B. 1. The Licensee shall, within twenty (20) days of the date of this Order, notify the Commission, (1) if it is unable to comply with any of the requirements described in Attachments 2 or 3, (2) if compliance with any of the requirements is unnecessary in its specific circumstances, or (3) if implementation of any of the requirements would cause the Licensee to be in violation of the provisions of any Commission or Agreement State regulation or its license. The notification shall provide the Licensee’s justification for seeking relief from or variation of any specific requirement. 2. If the Licensee considers that implementation of any of the requirements described in Attachments 2 or 3 to this Order would adversely impact safe operation of the facility, the Licensee must notify the Commission, within twenty (20) days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachments 2 or 3 requirement in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach is appropriate, the Licensee must supplement its response to Condition B.1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B.1. C. 1. In accordance with the NRC’s ‘‘Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information’’ (EA–06–242) issued on October 4, 2006, only the NRC-approved reviewing official shall review results from an FBI criminal history records check. The reviewing official shall determine whether an individual may have, or continue to have, unescorted access to the panoramic or underwater irradiator sealed sources that equal or exceed 370 Terabecquerels (10,000 curies). Fingerprinting and the FBI identification and criminal history records check are not required for individuals exempted from fingerprinting requirements under 10 CFR 73.61 [72 Fed. Reg. 4945 (February 2, 2007)]. In addition, individuals who have a favorably decided U.S. Government criminal history records check within the last five (5) years, or E:\FR\FM\04JNN1.SGM 04JNN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Notices 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 Energy Policy of 2005 fingerprinting requirement and need not be fingerprinted again for purposes of being considered for unescorted access. 2. No person may have access to Safeguards Information or unescorted access to the panoramic or underwater irradiator sealed sources 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 Safeguards Information or that the person may not have unescorted access to a utilization facility or radioactive material subject to regulation by the NRC. D. Fingerprints shall be submitted and reviewed in accordance with the procedures described in Attachment 3 to this Order. Individuals who have been fingerprinted and granted access to Safeguards Information by the reviewing official under Order EA–06–242 do not need to be fingerprinted again for purposes of being considered for unescorted access. E. The Licensee may allow any individual who currently has unescorted access to the panoramic or underwater irradiator sealed sources, in accordance with this Order, to continue to have unescorted access without being fingerprinted, pending a decision by the reviewing official (based on fingerprinting, an FBI criminal history records check and a trustworthy and reliability determination) that the individual may continue to have unescorted access to the panoramic or underwater irradiator sealed sources. The licensee shall complete implementation of the requirements of Attachments 2 and 3 to this Order by November 18, 2007. F. 1. The Licensee shall, within twenty (20) days of the date of this Order, submit to the Commission a schedule for completion of each requirement described in Attachments 2 and 3. The Licensee shall report to the Commission when they have achieved fullcompliance with the requirements described in Attachments 2 and 3. G. Notwithstanding any provisions of the Commission’s or Agreement State’s regulations to the contrary, all measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise. VerDate Aug<31>2005 20:34 Jun 01, 2007 Jkt 211001 Licensee response to Conditions B.1, B.2, F.1, and F.2 above shall be submitted to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee submittals that contain specific physical protection or security information considered to be Safeguards Information shall be put in a separate enclosure or attachment and, marked as ‘‘SAFEGUARDS INFORMATION— MODIFIED HANDLING’’ and mailed (no electronic transmittals i.e., no e-mail or FAX) to the NRC in accordance with Attachment 2 to the NRC’s ‘‘Order Imposing Requirements for the Protection of Certain Safeguards Information’’ (EA–06–241). The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty (20) days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to the Licensee if the answer or hearing request is by a person other than PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 30879 the Licensee. Because of possible delays in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301–415–1101 or by e-mail to hearingdocket@nrc.gov and also to the Office of the General Counsel either by means of facsimile transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above 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 specified in Section III shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER. Dated this 22nd day of May 2007. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1: List of Licensees— Redacted Attachment 2: Compensatory Measures for Panoramic and Underwater Irradiator Licensees Revision 2 These compensatory measures (CMs) are established to delineate licensee responsibility in response to the current threat environment in the aftermath of the terrorist attacks of September 11, E:\FR\FM\04JNN1.SGM 04JNN1 rwilkins on PROD1PC63 with NOTICES 30880 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Notices 2001. The following security measures apply to Licensees who, now and in the future, possess greater than 370 TeraBecquerels (TBq) [10,000 Ci] of byproduct material in the form of sealed sources in panoramic irradiators that have dry or wet storage of the sealed sources, or in underwater irradiators in which both the source and the product being irradiated are underwater. 4. Use and store the radioactive material only within a security zone that isolates the material from unauthorized access and facilitates detection if such access occurs. The security zone is an area, defined by the licensee, that provides for both isolation of radioactive material and access control. The licensee must demonstrate for this area a means to detect any attempt of unauthorized access to licensed material. ‘‘Isolation’’ means to deter persons, materials, or vehicles from entering or leaving through other than established access control points. ‘‘Access control’’ means to allow only approved individuals into the security zone. Thus, isolation and access control aid in the detection of unauthorized access or activities deemed by the licensee to be indicative of, or contributory to, the loss, theft, or release of material. The security zone does not have to be the same as the restricted area or controlled area, as defined in 10 CFR Part 20. Security zones can be permanent or temporary to meet transitory or intermittent business activities (such as during periods of maintenance, source delivery and source replacement). Different isolation/access control measures may be used for periods during which the security zone is occupied versus unoccupied. 2. Continuously control access to the security zone and limit admittance to those individuals who are approved and require access to perform their duties. A. For individuals granted access to safeguards information or unescorted access to the security zone, Licensees must provide reasonable assurance that individuals are trustworthy and reliable, and do not constitute an unreasonable risk to the common defense and security. ‘‘Access’’ means that an individual could exercise some physical control over the material or device containing radioactive material. i. The trustworthiness and reliability of individuals shall be determined based on a background investigation. The background investigation shall address at least the past 3 years and, as a minimum, include fingerprinting and a Federal Bureau of Investigation (FBI) criminal history check, verification of work or education references as VerDate Aug<31>2005 20:34 Jun 01, 2007 Jkt 211001 appropriate to the length of employment, and confirmation of employment eligibility. ii. Fingerprints shall be submitted and reviewed in accordance with the procedures described in Attachment 3 to this Order. iii. A reviewing official that the licensee nominated and has been approved by the NRC, in accordance with NRC ‘‘Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information,’’ is the only individual that may make trustworthiness and reliability determinations. B. [This paragraph contains SAFEGUARDS INFORMATION and will not be publicly disclosed.] 3. Implement a system (i.e., devices and/or trained individuals) to monitor, detect, assess and respond to unauthorized entries into or activities in the security zone. A. [This paragraph contains SAFEGUARDS INFORMATION and will not be publicly disclosed.] B. Provide enhanced security measures when temporary security zones are established, during periods of maintenance, source delivery and shipment, and source replacement, that will provide additional assurance for enhanced detection and assessment of and response to unauthorized individuals or activities involving the radioactive material. Such security measures shall include, but not be limited to: i. Advanced notification to the local law enforcement agency (LLEA) for radioactive source exchanges, deliveries, and shipments. ii. For shipments of sources, establish a positive means of transferring the security responsibility, between the shipper/carrier and the consignee (receiver), for communicating with the LLEA. C. Provide a positive measure to validate that there has been no unauthorized removal of the radioactive material from the security zone. D. Maintain continuous communications capability among the various components for intrusion detection and assessment to bring about a timely response. E. [This paragraph contains SAFEGUARDS INFORMATION and will not be publicly disclosed.] 4. [This paragraph contains SAFEGUARDS INFORMATION and will not be publicly disclosed.] PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 Attachment 3: Requirements for Fingerprinting and Criminal History Checks of Individuals When Licensee’s Reviewing Official Is Determining Access to Safeguards Information or Unescorted Access to the Panoramic or Underwater Irradiator Sealed Sources 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 access to safeguards information (SGI) or unescorted access to the panoramic or underwater irradiator sealed sources. 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 access to SGI or 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 73.59 for access to SGI or 10 CFR 73.61 for unescorted access, has a favorably decided U.S. Government criminal history 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 check must be provided for either of the latter two cases. The Licensee must retain this documentation for a period of three (3) years from the date the individual no longer requires access to SGI or unescorted access to radioactive materials associated with the Licensee’s activities. 4. All fingerprints obtained by the Licensee pursuant to this Order must be submitted to the Commission for transmission to the FBI. 5. The Licensee shall review the information received from the FBI and consider it, in conjunction with the trustworthy and reliability requirements of this Order, in making a determination whether to grant, or continue to allow, access to SGI or unescorted access to the E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Notices panoramic or underwater irradiator sealed sources. 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 or unescorted access to the panoramic or underwater irradiator sealed sources. 7. The Licensee shall document the basis for its determination whether to grant, or continue to allow, access to SGI or unescorted access to the panoramic or underwater irradiator sealed sources. Prohibitions A Licensee shall not base a final determination to deny an individual access to radioactive materials 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. rwilkins on PROD1PC63 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 or unescorted access to the panoramic or underwater irradiator sealed sources, 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. VerDate Aug<31>2005 20:34 Jun 01, 2007 Jkt 211001 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 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 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 30881 include either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation Identification Division, Washington, DC 20537–9700 (as set forth in 28 CFR Part 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The Licensee must provide at least ten (10) days for an 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 access to SGI or unescorted access to the panoramic or underwater irradiator sealed sources 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 or unescorted access to the panoramic or underwater irradiator sealed sources, the Licensee shall provide the individual its documented basis for denial. Access to SGI or unescorted access to the panoramic or underwater irradiator sealed sources 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 SGI or unescorted access to the panoramic or underwater irradiator sealed sources. 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 E:\FR\FM\04JNN1.SGM 04JNN1 30882 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Notices 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. 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 access SGI or unescorted access to the panoramic or underwater irradiator sealed sources. 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. E7–10695 Filed 6–1–07; 8:45 am] BILLING CODE 7590–01–P PEACE CORPS Proposed Information Collection Requests Peace Corps. Notice of public use form review request to the Office of Management and Budget (OMB Control Number 0420–0006). AGENCY: rwilkins on PROD1PC63 with NOTICES ACTION: SUMMARY: Pursuant to the Paperwork Reduction Act of 1981 (44 U.S.C., Chapter 35), the Peace Corps has submitted to the Office of Management and Budget a request for reinstatement for approval of information collections, OMB Control Number 0420–0006, the Peace Corps Confidential Reference Form, PC 1532 (Rev. 10/2006). The purpose of this information collection is to assist in processing applicants for volunteer service in determining suitability of applicants. The purpose of this notice is to allow for public comments on whether the proposed collection of information is necessary for the proper performance of the functions of the Peace Corps, including whether their information will have practical use; the accuracy of the agency’s estimate of the burden of the proposed collections information, including the validity of the methodology and assumptions used; VerDate Aug<31>2005 20:34 Jun 01, 2007 Jkt 211001 ways to enhance the quality, utility and the clarity of the information to be collected; and, ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated collection techniques, when appropriate, and other forms of information technology. A copy of the information collection may be obtained from Ms. Cathey Bernhard, Office of Volunteer Recruitment and Selection, Peace Corps, 1111 20th Street, NW., Room 6416, Washington, DC 20526. Ms. Bernhard can be contacted by telephone at 202–692– 1884 or 800–424–8580 ext. 1884. Comments on the form should also be addressed to the attention of Ms. Bernhard and should be received on or before July 5, 2007. Information Collection Abstract Title: Peace Corps Confidential Reference Form (PC 1532). Need For and Use of This Information: The Peace Corps Confidential Reference Form is used to gather information about individuals who have submitted applications, are basically qualified, and are nominees for volunteer service. The form is an integral part of the screening and selection process conducted by the Office of Volunteer Recruitment and Selection. Such information as past criminal records, severe mental problems, poor interpersonal relationships or emotional immaturity is used by the agency in their consideration of applicants. The purpose of this information collection is to assist in processing applicants for volunteer service in determining suitability of applicants. There is no other means of obtaining the required data. This program also fulfills the first goal of the Peace Corps as required by Congressional legislation. Respondents: Returned Peace Corps Volunteers. Respondent’s Obligation To Reply: Individuals who voluntarily agree to serve as a reference for Peace Corps applicants. Burden on the Public: a. Annual reporting burden: 16,500 hours. b. Annual recordkeeping burden: 0 hours. c. Estimated average burden per response: 30 minutes. d. Frequency of response: one time. e. Estimated number of likely respondents: 33,000. f. Estimated cost to respondents: $0.00. PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 Dated: May 23, 2007. Wilbert Bryant, Associate Director for Management. [FR Doc. 07–2745 Filed 6–01–07; 8:45 am] BILLING CODE 6051–01–M PEACE CORPS Proposed Information Collection Requests AGENCY: Peace Corps. Notice of public use form review request to the Office of Management and Budget (OMB Control Number 0420–0533). ACTION: SUMMARY: Pursuant to the Paperwork Reduction Act of 1981 (44 U.S.C. Chapter 35), the Peace Corps has submitted to the Office of Management and Budget a request for approval of information collections, OMB Control Number 0420–0533, the Peace Corps Crisis Corps Volunteer Application Form. This is a renewal of an active information collection. The purpose of this information collection is necessary in order to identify prospective, interested, and available returned Peace Corps Volunteers who are completing their services for Crisis Corps Volunteer Service. The information is used to determine availability, suitability, and potential Crisis Corps placement applicants. The purpose of this notice is to allow for public comment on whether the proposed collection of information is necessary for the proper performance of the functions of the Peace Corps, including whether their information will have practical use; the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; ways to enhance the quality, utility and the clarity of the information to be collected; and, ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated collection techniques, when appropriate, and other forms of information technology. A copy of the information collection may be obtained from Ms. Mary Angelini, Director of the Crisis Corps, Peace Corps, 1111 20th Street, NW., Room 7305, Washington, DC 20526. Ms. Angelini can be contacted by telephone at 202–692–2250. Comments on the form should also be addressed to the attention of Ms. Angelini and should be received on or before July 5, 2007. E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 72, Number 106 (Monday, June 4, 2007)]
[Notices]
[Pages 30877-30882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10695]


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NUCLEAR REGULATORY COMMISSION

[EA 07-002]


In the Matter of all Panoramic and Underwater Irradiators 
Authorized To Possess Greater Than 370 Terabecquerels (10,000 Curies) 
Byproduct Material in the Form of Sealed Sources; Order Imposing 
Compensatory Measures (Effective Immediately)

I

    The Licensees identified in Attachment 1 to this Order hold 
licenses issued in accordance with the Atomic Energy Act of 1954 and 10 
CFR part 36 or comparable Agreement State regulations by the U.S. 
Nuclear Regulatory Commission (NRC or Commission) or an Agreement State 
authorizing possession of greater than 370 terabecquerels (10,000 
curies) of byproduct material in the form of sealed sources either in 
panoramic irradiators that have dry or wet storage of the sealed 
sources or in underwater irradiators in which both the source and the 
product being irradiated are under water. Commission regulations at 10 
CFR 20.1801 or equivalent Agreement State regulations, require 
Licensees to secure, from unauthorized removal or access, licensed 
materials that are stored in controlled or unrestricted areas. 
Commission regulations at 10 CFR 20.1802 or equivalent Agreement States 
regulations, require Licensees to control and maintain constant 
surveillance of licensed material that is in a controlled or 
unrestricted area and that is not in storage.

II

    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and Washington, DC, utilizing large commercial 
aircraft as weapons. In response to the attacks and intelligence 
information subsequently obtained, the Commission issued a number of 
Safeguards and Threat Advisories to its Licensees in order to 
strengthen Licensees' capabilities and readiness to respond to a 
potential attack on a nuclear facility. The Commission has also 
communicated with other Federal, State and local government agencies 
and industry representatives to discuss and evaluate the current threat 
environment in order to assess the adequacy of security measures at 
licensed facilities. In addition, the Commission has been conducting a 
review of its safeguards and security programs and requirements.
    As a result of its consideration of current safeguards and license 
requirements, as well as a review of information provided by the 
intelligence community, the Commission has determined that certain 
compensatory measures are required to be implemented by Licensees as 
prudent measures to address the current threat environment. Therefore, 
the Commission is imposing the requirements, as set forth in Attachment 
2 \1\ on all Licensees identified in Attachment 1 \2\ of this Order who 
currently possess, or have near term plans to possess, greater than 370 
terabecquerels (10,000 curies) of byproduct material in the form of 
sealed sources. These requirements, which supplement existing 
regulatory requirements, will provide the Commission with reasonable 
assurance that the public health and safety and common defense and 
security continue to be adequately protected in the current threat 
environment.
---------------------------------------------------------------------------

    \1\ Attachment 2 contains some requirements that are SAFEGUARDS 
INFORMATION, and can not be released to the public, and have 
therefore been redacted. The remainder of the requirements contained 
in Attachment 2 that are not SAFEGUARDS INFORMATION will be released 
to the public.
    \2\ Attachment 1 contains sensitive information and will not be 
released to the public.
---------------------------------------------------------------------------

    Attachment 3 of this Order contains the requirements for 
fingerprinting and criminal history record checks for individuals when 
licensee's reviewing official is determining access to Safeguards 
Information or unescorted

[[Page 30878]]

access to the panoramic or underwater irradiator sealed sources. These 
requirements will remain in effect until the Commission determines 
otherwise.
    The Commission recognizes that Licensees may have already initiated 
many measures set forth in Attachment 2 to this Order in response to 
previously issued advisories or on their own. It is also recognized 
that some measures may not be possible or necessary at some sites, or 
may need to be tailored to accommodate the Licensees' specific 
circumstances to achieve the intended objectives and avoid any 
unforeseen effect on the safe use and storage of the sealed sources.
    Although the additional security measures implemented by the 
Licensees in response to the Safeguards and Threat Advisories have been 
adequate to provide reasonable assurance of adequate protection of 
public health and safety, the Commission concludes that the security 
measures must be embodied in an Order consistent with the established 
regulatory framework. Some of the security measures contained in 
Attachment 2 of this Order contain Safeguards Information and will not 
be released to the public. The Commission has broad statutory authority 
to protect and prohibit the unauthorized disclosure of Safeguards 
Information. Section 147 of the Atomic Energy Act of 1954, as amended, 
grants the Commission explicit authority to ``issue such orders, as 
necessary to prohibit the unauthorized disclosure of safeguards 
information * * *.'' This authority extends to information concerning 
special nuclear material, source material, and byproduct material, as 
well as production and utilization facilities. Licensees must ensure 
proper handling and protection of Safeguards Information to avoid 
unauthorized disclosure in accordance with the specific requirements 
for the protection of Safeguards Information contained in Attachment 2 
to the NRC's ``Order Imposing Requirements for the Protection of 
Certain Safeguards Information'' (EA-06-241). The Commission hereby 
provides notice that it intends to treat all violations of the 
requirements contained in Attachment 2 to the NRC's ``Order Imposing 
Requirements for the Protection of Certain Safeguards Information'' 
(EA-06-241), applicable to the handling and unauthorized disclosure of 
Safeguards Information as serious breaches of adequate protection of 
the public health and safety and the common defense and security of the 
United States. Access to Safeguards Information is limited to those 
persons who have established a need-to-know the information, are 
considered to be trustworthy and reliable, have been fingerprinted and 
undergone a Federal Bureau of Investigation (FBI) identification and 
criminal history records check in accordance with the NRC's ``Order 
Imposing Fingerprinting and Criminal History Records Check Requirements 
for Access to Safeguards Information'' (EA-06-242). A need-to-know 
means a determination by a person having responsibility for protecting 
Safeguards Information that a proposed recipient's access to Safeguards 
Information is necessary in the performance of official, contractual, 
or licensee duties of employment. Individuals who have been 
fingerprinted and granted access to Safeguards Information by the 
reviewing official under the NRC's ``Order Imposing Fingerprinting and 
Criminal History Records Check Requirements for Access to Safeguards 
Information'' (EA-06-242) do not need to be fingerprinted again for 
purposes of being considered for unescorted access.
    In order to provide assurance that the Licensees are implementing 
prudent measures to achieve a consistent level of protection to address 
the current threat environment, all Licensees who hold licenses issued 
by the U.S. Nuclear Regulatory Commission or an Agreement State 
authorizing possession greater than 370 terabecquerels (10,000 curies) 
of byproduct material in the form of sealed sources in a panoramic or 
underwater irradiator shall implement the requirements identified in 
Attachments 2 and 3 to this Order. In addition, pursuant to 10 CFR 
2.202, I find that in light of the common defense and security matters 
identified above, which warrant the issuance of this Order, the public 
health, safety and interest require that this Order be effective 
immediately.

III

    Accordingly, pursuant to Sections 81, 147, 149, 161b, 161i, 161o, 
182 and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202, 10 CFR Part 30 and Part 36, 
IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT ALL LICENSEES 
IDENTIFIED IN ATTACHMENT 1 TO THIS ORDER SHALL COMPLY WITH THE 
REQUIREMENTS OF THIS ORDER AS FOLLOWS:
    A. The Licensees shall, notwithstanding the provisions of any 
Commission or Agreement State regulation or license to the contrary, 
comply with the requirements described in Attachments 2 and 3 to this 
Order. The licensee shall immediately start implementation of the 
requirements in Attachments 2 and 3 to the Order and shall complete 
implementation by November 18, 2007, or the first day that greater than 
370 terabecquerels (10,000 curies) of byproduct material in the form of 
sealed sources is possessed, which ever is later.
    B. 1. The Licensee shall, within twenty (20) days of the date of 
this Order, notify the Commission, (1) if it is unable to comply with 
any of the requirements described in Attachments 2 or 3, (2) if 
compliance with any of the requirements is unnecessary in its specific 
circumstances, or (3) if implementation of any of the requirements 
would cause the Licensee to be in violation of the provisions of any 
Commission or Agreement State regulation or its license. The 
notification shall provide the Licensee's justification for seeking 
relief from or variation of any specific requirement.
    2. If the Licensee considers that implementation of any of the 
requirements described in Attachments 2 or 3 to this Order would 
adversely impact safe operation of the facility, the Licensee must 
notify the Commission, within twenty (20) days of this Order, of the 
adverse safety impact, the basis for its determination that the 
requirement has an adverse safety impact, and either a proposal for 
achieving the same objectives specified in the Attachments 2 or 3 
requirement in question, or a schedule for modifying the facility to 
address the adverse safety condition. If neither approach is 
appropriate, the Licensee must supplement its response to Condition B.1 
of this Order to identify the condition as a requirement with which it 
cannot comply, with attendant justifications as required in Condition 
B.1.
    C. 1. In accordance with the NRC's ``Order Imposing Fingerprinting 
and Criminal History Records Check Requirements for Access to 
Safeguards Information'' (EA-06-242) issued on October 4, 2006, only 
the NRC-approved reviewing official shall review results from an FBI 
criminal history records check. The reviewing official shall determine 
whether an individual may have, or continue to have, unescorted access 
to the panoramic or underwater irradiator sealed sources that equal or 
exceed 370 Terabecquerels (10,000 curies). Fingerprinting and the FBI 
identification and criminal history records check are not required for 
individuals exempted from fingerprinting requirements under 10 CFR 
73.61 [72 Fed. Reg. 4945 (February 2, 2007)]. In addition, individuals 
who have a favorably decided U.S. Government criminal history records 
check within the last five (5) years, or

[[Page 30879]]

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 Energy Policy of 2005 
fingerprinting requirement and need not be fingerprinted again for 
purposes of being considered for unescorted access.
    2. No person may have access to Safeguards Information or 
unescorted access to the panoramic or underwater irradiator sealed 
sources 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 Safeguards Information or that the person 
may not have unescorted access to a utilization facility or radioactive 
material subject to regulation by the NRC.
    D. Fingerprints shall be submitted and reviewed in accordance with 
the procedures described in Attachment 3 to this Order. Individuals who 
have been fingerprinted and granted access to Safeguards Information by 
the reviewing official under Order EA-06-242 do not need to be 
fingerprinted again for purposes of being considered for unescorted 
access.
    E. The Licensee may allow any individual who currently has 
unescorted access to the panoramic or underwater irradiator sealed 
sources, in accordance with this Order, to continue to have unescorted 
access without being fingerprinted, pending a decision by the reviewing 
official (based on fingerprinting, an FBI criminal history records 
check and a trustworthy and reliability determination) that the 
individual may continue to have unescorted access to the panoramic or 
underwater irradiator sealed sources. The licensee shall complete 
implementation of the requirements of Attachments 2 and 3 to this Order 
by November 18, 2007.
    F. 1. The Licensee shall, within twenty (20) days of the date of 
this Order, submit to the Commission a schedule for completion of each 
requirement described in Attachments 2 and 3.
    The Licensee shall report to the Commission when they have achieved 
fullcompliance with the requirements described in Attachments 2 and 3.
    G. Notwithstanding any provisions of the Commission's or Agreement 
State's regulations to the contrary, all measures implemented or 
actions taken in response to this Order shall be maintained until the 
Commission determines otherwise.
    Licensee response to Conditions B.1, B.2, F.1, and F.2 above shall 
be submitted to the Director, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. In addition, Licensee submittals that contain 
specific physical protection or security information considered to be 
Safeguards Information shall be put in a separate enclosure or 
attachment and, marked as ``SAFEGUARDS INFORMATION--MODIFIED HANDLING'' 
and mailed (no electronic transmittals i.e., no e-mail or FAX) to the 
NRC in accordance with Attachment 2 to the NRC's ``Order Imposing 
Requirements for the Protection of Certain Safeguards Information'' 
(EA-06-241).
    The Director, Office of Federal and State Materials and 
Environmental Management Programs, may, in writing, relax or rescind 
any of the above conditions upon demonstration by the Licensee of good 
cause.

IV

    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order, and may request a hearing on this Order, within twenty (20) days 
of the date of this Order. Where good cause is shown, consideration 
will be given to extending the time to request a hearing. A request for 
extension of time in which to submit an answer or request a hearing 
must be made in writing to the Director, Office of Federal and State 
Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, and include a statement of 
good cause for the extension. The answer may consent to this Order. 
Unless the answer consents to this Order, the answer shall, in writing 
and under oath or affirmation, specifically set forth the matters of 
fact and law on which the Licensee or other person adversely affected 
relies and the reasons as to why the Order should not have been issued. 
Any answer or request for a hearing shall be submitted to the 
Secretary, Office of the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, 
Washington, DC 20555. Copies also shall be sent to the Director, Office 
of Federal and State Materials and Environmental Management Programs, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the 
Assistant General Counsel for Materials Litigation and Enforcement at 
the same address, and to the Licensee if the answer or hearing request 
is by a person other than the Licensee. Because of possible delays in 
delivery of mail to United States Government offices, it is requested 
that answers and requests for hearing be transmitted to the Secretary 
of the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to hearingdocket@nrc.gov and also to the Office of 
the General Counsel either by means of facsimile transmission to 301-
415-3725 or by e-mail to OGCMailCenter@nrc.gov. If a person other than 
the Licensee requests a hearing, that person shall set forth with 
particularity the manner in which his interest is adversely affected by 
this Order and shall address the criteria set forth in 10 CFR 2.309.
    If a hearing is requested by the Licensee or a person whose 
interest is adversely affected, the Commission will issue an Order 
designating the time and place of any hearing. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to 
demanding a hearing, at the time the answer is filed or sooner, move 
the presiding officer to set aside the immediate effectiveness of the 
Order on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section III above 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 specified in Section III shall be final when the extension 
expires if a hearing request has not been received. AN ANSWER OR A 
REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS 
ORDER.

    Dated this 22nd day of May 2007.

    For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental 
Management Programs.

Attachment 1: List of Licensees--Redacted

Attachment 2: Compensatory Measures for Panoramic and Underwater 
Irradiator Licensees Revision 2

    These compensatory measures (CMs) are established to delineate 
licensee responsibility in response to the current threat environment 
in the aftermath of the terrorist attacks of September 11,

[[Page 30880]]

2001. The following security measures apply to Licensees who, now and 
in the future, possess greater than 370 TeraBecquerels (TBq) [10,000 
Ci] of byproduct material in the form of sealed sources in panoramic 
irradiators that have dry or wet storage of the sealed sources, or in 
underwater irradiators in which both the source and the product being 
irradiated are underwater.
    4. Use and store the radioactive material only within a security 
zone that isolates the material from unauthorized access and 
facilitates detection if such access occurs.
    The security zone is an area, defined by the licensee, that 
provides for both isolation of radioactive material and access control. 
The licensee must demonstrate for this area a means to detect any 
attempt of unauthorized access to licensed material. ``Isolation'' 
means to deter persons, materials, or vehicles from entering or leaving 
through other than established access control points. ``Access 
control'' means to allow only approved individuals into the security 
zone. Thus, isolation and access control aid in the detection of 
unauthorized access or activities deemed by the licensee to be 
indicative of, or contributory to, the loss, theft, or release of 
material. The security zone does not have to be the same as the 
restricted area or controlled area, as defined in 10 CFR Part 20.
    Security zones can be permanent or temporary to meet transitory or 
intermittent business activities (such as during periods of 
maintenance, source delivery and source replacement). Different 
isolation/access control measures may be used for periods during which 
the security zone is occupied versus unoccupied.
    2. Continuously control access to the security zone and limit 
admittance to those individuals who are approved and require access to 
perform their duties.
    A. For individuals granted access to safeguards information or 
unescorted access to the security zone, Licensees must provide 
reasonable assurance that individuals are trustworthy and reliable, and 
do not constitute an unreasonable risk to the common defense and 
security. ``Access'' means that an individual could exercise some 
physical control over the material or device containing radioactive 
material.
    i. The trustworthiness and reliability of individuals shall be 
determined based on a background investigation. The background 
investigation shall address at least the past 3 years and, as a 
minimum, include fingerprinting and a Federal Bureau of Investigation 
(FBI) criminal history check, verification of work or education 
references as appropriate to the length of employment, and confirmation 
of employment eligibility.
    ii. Fingerprints shall be submitted and reviewed in accordance with 
the procedures described in Attachment 3 to this Order.
    iii. A reviewing official that the licensee nominated and has been 
approved by the NRC, in accordance with NRC ``Order Imposing 
Fingerprinting and Criminal History Records Check Requirements for 
Access to Safeguards Information,'' is the only individual that may 
make trustworthiness and reliability determinations.
    B. [This paragraph contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.]
    3. Implement a system (i.e., devices and/or trained individuals) to 
monitor, detect, assess and respond to unauthorized entries into or 
activities in the security zone.
    A. [This paragraph contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.]
    B. Provide enhanced security measures when temporary security zones 
are established, during periods of maintenance, source delivery and 
shipment, and source replacement, that will provide additional 
assurance for enhanced detection and assessment of and response to 
unauthorized individuals or activities involving the radioactive 
material. Such security measures shall include, but not be limited to:
    i. Advanced notification to the local law enforcement agency (LLEA) 
for radioactive source exchanges, deliveries, and shipments.
    ii. For shipments of sources, establish a positive means of 
transferring the security responsibility, between the shipper/carrier 
and the consignee (receiver), for communicating with the LLEA.
    C. Provide a positive measure to validate that there has been no 
unauthorized removal of the radioactive material from the security 
zone.
    D. Maintain continuous communications capability among the various 
components for intrusion detection and assessment to bring about a 
timely response.
    E. [This paragraph contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.]
    4. [This paragraph contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.]

Attachment 3: Requirements for Fingerprinting and Criminal History 
Checks of Individuals When Licensee's Reviewing Official Is Determining 
Access to Safeguards Information or Unescorted Access to the Panoramic 
or Underwater Irradiator Sealed Sources

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 access to 
safeguards information (SGI) or unescorted access to the panoramic or 
underwater irradiator sealed sources. 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 access to SGI or 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 73.59 for access to SGI or 10 CFR 73.61 for 
unescorted access, has a favorably decided U.S. Government criminal 
history 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 
check must be provided for either of the latter two cases. The Licensee 
must retain this documentation for a period of three (3) years from the 
date the individual no longer requires access to SGI or unescorted 
access to radioactive materials associated with the Licensee's 
activities.
    4. All fingerprints obtained by the Licensee pursuant to this Order 
must be submitted to the Commission for transmission to the FBI.
    5. The Licensee shall review the information received from the FBI 
and consider it, in conjunction with the trustworthy and reliability 
requirements of this Order, in making a determination whether to grant, 
or continue to allow, access to SGI or unescorted access to the

[[Page 30881]]

panoramic or underwater irradiator sealed sources.
    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 or unescorted access to the 
panoramic or underwater irradiator sealed sources.
    7. The Licensee shall document the basis for its determination 
whether to grant, or continue to allow, access to SGI or unescorted 
access to the panoramic or underwater irradiator sealed sources.

Prohibitions

    A Licensee shall not base a final determination to deny an 
individual access to radioactive materials 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 
access to SGI or unescorted access to the panoramic or underwater 
irradiator sealed sources, 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 Part 16.30 through 16.34). In the latter case, the FBI forwards the 
challenge to the agency that submitted the data and requests that 
agency to verify or correct the challenged entry. Upon receipt of an 
official communication directly from the agency that contributed the 
original information, the FBI Identification Division makes any changes 
necessary in accordance with the information supplied by that agency. 
The Licensee must provide at least ten (10) days for an 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 access to SGI or 
unescorted access to the panoramic or underwater irradiator sealed 
sources 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 or unescorted access to the 
panoramic or underwater irradiator sealed sources, the Licensee shall 
provide the individual its documented basis for denial. Access to SGI 
or unescorted access to the panoramic or underwater irradiator sealed 
sources 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 SGI or unescorted access to the panoramic or underwater 
irradiator sealed sources. 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

[[Page 30882]]

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 access SGI or unescorted access to the panoramic or 
underwater irradiator sealed sources. 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. E7-10695 Filed 6-1-07; 8:45 am]
BILLING CODE 7590-01-P