In the Matter of: Licensees Authorized To Possess Radioactive Material Quantities of Concern; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access To Certain Radioactive Material (Effective Immediately), 70901-70905 [E7-24197]

Download as PDF Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices 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 by telephone at 1–800– 397–4209, or 301–415–4737, or by email at pdr@nrc.gov. FOR FURTHER INFORMATION CONTACT: Mr. Dennis Beissel, Environmental Review Branch, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O–11F1, Washington, DC 20555–0001. Mr. Beissel may be contacted at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 6th day of December, 2007. For the Nuclear Regulatory Commission. Eric Benner, Branch Chief, Environmental Review Branch, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E7–24172 Filed 12–12–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. STN 50–456 and STN 50–457, Byron Station, Unit Nos. 1 and 2, and Docket Nos. STN 50–454 and STN 50–455, Braidwood Station, Units 1 and 2] Exelon Generation Comany, LLC; Biweekly Notice; Application for Amendment to the Facility Operating License Involving Proposed No Significant Hazards Considerations; Correction Nuclear Regulatory Commission. ACTION: Notice of amendment issuance; correction. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: This document corrects a notice appearing in the Federal Register on November 20, 2007 (72 FR 65375), that incorrectly identified the amendment numbers for Byron Station, Unit Nos. 1 and 2, and Braidwood Station, Units 1 and 2. This action is necessary to correct the erroneous amendment numbers. FOR FURTHER INFORMATION CONTACT: Christopher Gratton, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone (301) 415– 1055, e-mail: CXG1@nrc.gov. SUPPLEMENTARY INFORMATION: On page 65375, in the second column, in the second from the last complete paragraph, first line, the Notice is corrected to read from ‘‘Amendment Nos.: 150, 150, 145, 145,’’ to ‘‘Amendment Nos.: 151, 151, 146, 146.’’ VerDate Aug<31>2005 17:10 Dec 12, 2007 Jkt 214001 Dated in Rockville, Maryland, this 7th day of December 2007. For the Nuclear Regulatory Commission. Christopher Gratton, Senior Project Manager, Plant Licensing Branch III–2, Division of Operating Reactor Licensing. [FR Doc. E7–24179 Filed 12–12–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [EA–07–305] In the Matter of: Licensees Authorized To Possess Radioactive Material Quantities of Concern; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access To Certain Radioactive Material (Effective Immediately) I The Licensees identified in Attachment 1 1 to this Order hold licenses issued in accordance with the Atomic Energy Act (AEA) of 1954, as amended, by the U.S. Nuclear Regulatory Commission (NRC or Commission), authorizing them to possess items containing radioactive materials in quantities of concern. These materials and the quantities of concern are identified in Attachment 2 to this Order. Section 652 of the Energy Policy Act of 2005 (EPAct), which became law on August 8, 2005, amended Section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation (FBI) identification and criminal history records check for ‘‘any individual who is permitted unescorted access to radioactive materials or other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks.’’ Section 149 of the AEA also requires that ‘‘all fingerprints obtained by a licensee or applicant * * *shall be submitted to the Attorney General of the United States through the Commission for identification and a criminal history records check.’’ NRC has decided to implement this requirement, prior to the completion of a future rulemaking, which will implement these provisions of the EPAct, because a deliberate malevolent act by an individual with unescorted access to these radioactive materials has the potential to result in significant adverse impacts to the public health and 1 Attachment 1 contains sensitive information and will not be released to the public. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 70901 safety. Individuals or classes of individual listed in 10 CFR 73.61 (72 FR 4945 (February 2, 2007)) are relieved from the fingerprinting and FBI identification and criminal history records check requirements of section 149. Individuals listed in Attachment 3, Paragraph 3 have already satisfied the requirements of section 149 of the AEA and therefore do not need to take additional action. Therefore, as set forth in this Order and in accordance with section 149 of the AEA, as amended by the EPAct, the Commission is imposing additional requirements for unescorted access to certain radioactive material. II Subsequent to the terrorist events of September 11, 2001, the NRC issued the Increased Controls (IC) Orders (EA–05– 090) 2 to certain Licensees (IC Licensees, Licensees) who are authorized to possess radioactive material in quantities of concern. These Orders increased the Licensees’ control over their sources in order to prevent unintended radiation exposure and malicious acts. One specific requirement imposed by the IC Orders required Licensees to conduct background checks to determine the trustworthiness and reliability of individuals needing unescorted access to radioactive materials. ‘‘Access’’ to these radioactive materials means that an individual could exercise some physical control over the material or devices containing the material. Prior to the enactment of the EPAct, the NRC did not have the authority, except in the case of power reactor Licensees, to require Licensees to submit fingerprints for FBI identification and criminal history records checks of individuals being considered for unescorted access to radioactive materials subject to NRC regulations. The Commission has determined that radioactive materials possessed by IC Licensees are considered of such significance to the public health and safety as to warrant fingerprinting and FBI identification and criminal history records checks for such persons. Therefore, in accordance with section 149 of the AEA, as amended by the EPAct, the Commission is imposing the fingerprinting and FBI identification and criminal history records check requirements, as set forth in this Order, including those requirements identified in Attachment 3 to this Order on all IC Licensees identified in Attachment 1 to this Order, 2 Subsequently, the IC Order requirements were imposed through license condition on new or amended NRC licenses authorizing the possession of radioactive materials in quantities of concern as identified in Attachment 2 to this Order. E:\FR\FM\13DEN1.SGM 13DEN1 70902 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices mstockstill on PROD1PC66 with NOTICES which are currently authorized to possess radioactive materials in quantities of concern. These requirements will remain in effect until the Commission determines otherwise. In addition, pursuant to 10 CFR 2.202, because of the potentially significant adverse impacts associated with a deliberate malevolent act by an individual with unescorted access to radioactive materials quantities of concern, I find that the public health and safety require that this Order be effective immediately. III Accordingly, pursuant to sections 81, 149, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202, 10 CFR parts 30 and 33, 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. 1. The Licensee shall, within ninety (90) days of the date of this Order, establish and maintain a fingerprinting program that meets the requirements of Attachment 3 of this Order for individuals that require unescorted access to certain radioactive materials. 2. Within ninety (90) days of the date of this Order, the Licensee shall provide under oath or affirmation, a certification that the Trustworthiness and Reliability (T&R) Official (an individual with the responsibility to determine the trustworthiness and reliability of another individual requiring unescorted access to the radioactive materials identified in Attachment 2) is deemed trustworthy and reliable by the Licensee as required in paragraph B.2 of this Order. 3. The Licensee shall, in writing, within sixty (60) days of the date of this Order, notify the Commission, (1) if it is unable to comply with any of the requirements described in this Order or in Attachment 3 to this Order, (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 regulation or its license. The notification shall provide the Licensee’s justification for seeking relief from or variation of any specific requirement. 4. The Licensee shall complete implementation of the program established in accordance with paragraph A.1 of this Order by June 2, 2008. In addition to the notifications in VerDate Aug<31>2005 17:10 Dec 12, 2007 Jkt 214001 paragraphs 2 and 3 above, the Licensee shall notify the Commission within twenty-five (25) days after they have achieved full compliance with the requirements described in Attachment 3 to this Order. If by June 2, 2008, the Licensee is unable, due to circumstances beyond its control, to complete implementation of this Order, the Licensee shall submit a written request to the Commission explaining the need for an extension of time to implement the requirements. The request shall provide the Licensee’s justification for seeking more time to comply with the requirements of this Order. 5. Licensees shall notify the NRC’s Headquarters Operations Office at 301– 816–5100 within 24 hours if the results from a FBI identification and criminal history records check indicate that an individual is identified on the FBI’s Terrorist Screening Data Base. B. 1. Except as provided in paragraph E for individuals who are currently approved for unescorted access, the Licensee shall grant access to radioactive material in Attachment 2 in accordance with the requirements of IC.1. of the Increased Controls Order (EA–05–090) and the requirements of this Order. 2. The T&R Official, if he/she does not require unescorted access, must be deemed trustworthy and reliable by the Licensee in accordance with the requirements of IC.1. of the Increased Controls Order (EA–05–090) before making a determination regarding the trustworthiness and reliability of another individual. If the T&R Official requires unescorted access, the Licensee must consider the results of fingerprinting and the review of an FBI identification and criminal history records check as a component in approving a T&R Official. C. Prior to requesting fingerprints from any individual, the Licensee shall provide a copy of this Order to that person. D. Upon receipt of the results of FBI identification and criminal history records checks, the Licensee shall control such information as specified in the ‘‘Protection of Information’’ section of Attachment 3 of this Order and in requirement IC.5 of the Increased Controls Order (EA–05–090). E. The Licensee shall make determinations on continued unescorted access for persons currently granted unescorted access, by June 2, 2008, based upon the results of the fingerprinting and FBI identification and criminal history records check. The Licensee may allow any individual who currently has unescorted access to PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 certain radioactive materials in accordance with the IC Order to continue to have unescorted access, pending a decision by the T&R Official. After June 2, 2008 no individual may have unescorted access to radioactive materials without a determination by the T&R Official (based upon fingerprinting, an FBI identification and criminal history records check and a previous trustworthiness and reliability determination) that the individual may have unescorted access to such materials. F. 1. The Licensee shall comply with; and to the extent the recipient of this Order is also the recipient of the Increased Controls Order (EA–05–090), paragraph IC 1.b is superceded by the following: For individuals employed by the licensee for three years or less, and for non-licensee personnel, such as physicians, physicists, house-keeping personnel, and security personnel under contract, trustworthiness and reliability shall be determined, at a minimum, by verifying employment history, education, personal references, and fingerprinting and the review of an FBI identification and criminal history records check. The licensee shall also, to the extent possible, obtain independent information to corroborate that provided by the employee (i.e. seeking references not supplied by the individual). For individuals employed by the licensee for longer than three years, trustworthiness and reliability shall be determined, at a minimum, by a review of the employees’ employment history with the licensee and fingerprinting and an FBI identification and criminal history records check. 2. The Licensee shall comply with; and to the extent the recipient of this Order is also the recipient of Increased Controls Order (EA–05–090), Paragraph IC 1.c of that prior Order is superceded by, the following: Service provider licensee employees shall be escorted unless determined to be trustworthy and reliable by an NRC-required background investigation. Written verification attesting to or certifying the person’s trustworthiness and reliability shall be obtained from the licensee providing the service. 3. For Licensees who have previously received the Increased Controls Order (EA–05–090), ‘‘Table 1: Radionuclides of Concern’’ is superceded by Attachment 2 to include Ra–226. The previous Increased Controls Order (EA– 05–090) will, therefore, also apply to Ra–226 as noted in Attachment 2. Licensee responses to A.1, A.2., A.3. and A.4., above shall be submitted to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices mstockstill on PROD1PC66 with NOTICES DC 20555. Licensee responses shall be marked as ‘‘Security-Related Information—Withhold Under 10 CFR 2.390.’’ The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the Licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order within thirty (30) days of the date of this Order. In addition, the Licensee and any other person adversely affected by this Order may request a hearing of this Order within thirty (30) days of the date of the Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made, in writing, to the Director, Office of 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. If the answer includes a request for a hearing, it shall, under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee relies and the reasons as to why the Order should not have been issued. 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(d). A request for a hearing must be filed in accordance with the NRC E-Filing rule, which became effective on October 15, 2007. The E-Filing Final Rule was issued on August 28, 2007, (72 FR 49,139). The E-Filing process requires participants to submit and serve documents over the internet or, in some cases, to mail copies on electronic optical storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least five (5) days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at HEARINGDOCKET@NRC.GOV, or by calling (301) 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign VerDate Aug<31>2005 17:10 Dec 12, 2007 Jkt 214001 documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms Viewer TM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms Viewer TM is free and is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. Information about applying for a digital ID certificate also is available on NRC’s public Web site at http://www.nrc.gov/ site-help/e-submittals/applycertificates.html. Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its document through EIE. To be timely, electronic filings must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the EFiling system. A person filing electronically may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is (800) 397–4209 or locally, (301) 415–4737. Participants who believe that they have good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 70903 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at http:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their works. 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 requesting 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 E:\FR\FM\13DEN1.SGM 13DEN1 70904 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. 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. Attachment 1: List of Applicable Materials Licensees; Redacted Attachment 2: Table 1: Radionuclides of Concern Dated this 5th day of December, 2007. TABLE 1.—RADIONUCLIDES OF CONCERN Radionuclide Quantity of concern 1 (TBq) Am–241 ........................................................................................................................ Am–241/Be ................................................................................................................... Cf–252 .......................................................................................................................... Cm–244 ........................................................................................................................ Co–60 ........................................................................................................................... Cs–137 ......................................................................................................................... Gd–153 ......................................................................................................................... Ir–192 ........................................................................................................................... Pm–147 ........................................................................................................................ Pu–238 ......................................................................................................................... Pu–239/Be .................................................................................................................... Ra–226 5 ....................................................................................................................... Se–75 ........................................................................................................................... Sr–90 (Y–90) ................................................................................................................ Tm–170 ........................................................................................................................ Yb–169 ......................................................................................................................... Combinations of radioactive materials listed above 3 .................................................. 0.6 ............................................................. 0.6 ............................................................. 0.2 ............................................................. 0.5 ............................................................. 0.3 ............................................................. 1 ................................................................ 10 .............................................................. 0.8 ............................................................. 400 ............................................................ 0.6 ............................................................. 0.6 ............................................................. 0.4 ............................................................. 2 ................................................................ 10 .............................................................. 200 ............................................................ 3 ................................................................ See Footnote Below 4. Quantity of concern 2 (Ci ) 16 16 5.4 14 8.1 27 270 22 11,000 16 16 11 54 270 5,400 81 1 The aggregate activity of multiple, collocated sources of the same radionuclide should be included when the total activity equals or exceeds the quantity of concern. 2 The primary values used for compliance with this Order are TBq. The curie (Ci) values are rounded to two significant figures for informational purposes only. 3 Radioactive materials are to be considered aggregated or collocated if breaching a common physical security barrier (e.g., a locked door at the entrance to a storage room) would allow access to the radioactive material or devices containing the radioactive material. 4 If several radionuclides are aggregated, the sum of the ratios of the activity of each source, i of radionuclide, n, A (i,n), to the quantity of concern for radionuclide n, Q (n), listed for that radionuclide equals or exceeds one. [(aggregated source activity for radionuclide A) ÷ (quantity of concern for radionuclide A)] + [(aggregated source activity for radionuclide B) ÷ (quantity of concern for radionuclide B)] + etc..... ≥1 5 On August 31, 2005, the NRC issued a waiver, in accordance to Section 651(e) of the Energy Policy Act of 2005, for the continued use and/ or regulatory authority of Naturally Occurring and Accelerator-Produced Material (NARM), which includes Ra–226. The NRC plans to terminate the waiver in phases, beginning November 30, 2007, and ending on August 7, 2009. The NRC has authority to regulate discrete sources of Ra– 226, but has refrained from exercising that authority until the date of an entity’s waiver termination. For entities that possess Ra–226 in quantities of concern, this Order becomes effective upon waiver termination. For information on the schedule for an entity’s waiver termination, please refer to the NARM Toolbox Web site at http://nrc-stp.ornl.gov/narmtoolbox.html. mstockstill on PROD1PC66 with NOTICES Attachment 3: Specific Requirements Pertaining to Fingerprinting and Criminal History Records Checks The new fingerprinting requirements supplement previous requirements issued by the Increased Controls Order (EA–05–090). Licensees currently have a program to grant unescorted access to individuals. As required by condition A.1 of the Order, Licensees shall modify its current trustworthiness and reliability program to include the following: 1. Each Licensee subject to the provisions of this attachment shall fingerprint each individual who is seeking or permitted unescorted access to risk significant radioactive materials equal to or greater than the quantities listed in attachment 2. The Licensee shall review and use the information received from the Federal Bureau of Investigation (FBI) identification and VerDate Aug<31>2005 17:10 Dec 12, 2007 Jkt 214001 criminal history records check and ensure that the provisions contained in the subject Order and this attachment are satisfied. 2. The Licensee shall notify each affected individual that the fingerprints will be used to secure a review of his/ her criminal history record and inform the individual of the procedures for revising the record or including an explanation in the record, as specified in the ‘‘Right to Correct and Complete Information’’ section of this attachment. 3. Fingerprints for unescorted access need not be taken if an employed individual (e.g., a Licensee employee, contractor, manufacturer, or supplier) is relieved from the fingerprinting requirement by 10 CFR 73.61, or any person who has been favorably-decided by a U.S. Government program involving fingerprinting and an FBI identification and criminal history PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 records check (e.g. National Agency Check, Transportation Worker Identification Credentials in accordance with 49 CFR part 1572, Bureau of Alcohol Tobacco Firearms and Explosives background checks and clearances in accordance with 27 CFR part 555, Health and Human Services security risk assessments for possession and use of select agents and toxins in accordance with 42 CFR part 73, Hazardous Material security threat assessment for hazardous material endorsement to commercial drivers license in accordance with 49 CFR part 1572, Customs and Border Patrol’s Free and Secure Trade Program 1) within the 1 The FAST program is a cooperative effort between the Bureau of Customs and Border Patrol and the governments of Canada and Mexico to coordinate processes for the clearance of commercial shipments at the U.S.-Canada and U.S.Mexico borders. Participants in the FAST program, which requires successful completion of a E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Notices last five (5) calendar years, or any person who has an active federal security clearance (provided in the latter two cases that they make available the appropriate documentation 2). Written confirmation from the Agency/employer which granted the federal security clearance or reviewed the FBI criminal history records results based upon a fingerprint identification check must be provided. The Licensee must retain this documentation for a period of three (3) years from the date the individual no longer requires unescorted access to certain radioactive material 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. Additionally, the Licensee shall submit a certification of the trustworthiness and reliability of the T&R Official as determined in accordance with paragraph B.2 of this Order. 5. The Licensee shall review the information received from the FBI and consider it, in conjunction with the trustworthiness and reliability requirements of the IC Order (EA–05– 090), in making a determination whether to grant unescorted access to certain radioactive materials. 6. The Licensee shall use any information obtained as part of a criminal history records check solely for the purpose of determining an individual’s suitability for unescorted access to risk significant radioactive materials equal to or greater than the quantities listed in attachment 2. 7. The Licensee shall document the basis for its determination whether to grant, or continue to allow unescorted access to risk significant radioactive materials equal to or greater than the quantities listed in attachment 2. mstockstill on PROD1PC66 with NOTICES Prohibitions A Licensee shall not base a final determination to deny an individual unescorted access to certain radioactive material 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 background records check, may receive expedited entrance privileges at the northern and southern borders. 2 This documentation must allow the T&R Official to verify that the individual has fulfilled the unescorted access requirements of Section 149 of the AEA by submitting to fingerprinting and an FBI identification and criminal history records check. VerDate Aug<31>2005 17:10 Dec 12, 2007 Jkt 214001 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. 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 identification and criminal history records check after the record is made available for his/her review. The Licensee may make a final unescorted access to certain radioactive material determination based upon the criminal history record only upon receipt of the FBI’s ultimate confirmation or correction of the record. Upon a final adverse determination on unescorted access to certain radioactive material, the Licensee shall provide the individual its documented basis for denial. Unescorted access to certain PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 70905 radioactive material 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 unescorted access to certain radioactive material. No individual authorized to have access to the information may re-disseminate the information to any other individual who does not have a need-to-know. 3. The personal information obtained on an individual from a criminal history record check may be transferred to another Licensee if the Licensee holding the criminal history record check receives the individual’s written request to re-disseminate the information contained in his/her file, and the gaining Licensee verifies information such as the individual’s name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 4. The Licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. 5. The Licensee shall retain all fingerprint and criminal history records from the FBI, or a copy if the individual’s file has been transferred, for three (3) years after termination of employment or determination of unescorted access to certain radioactive material (whether unescorted access was approved or denied). After the required three (3) year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. [FR Doc. E7–24197 Filed 12–12–07; 8:45 am] BILLING CODE 7590–01–P RAILROAD RETIREMENT BOARD Agency Forms Submitted for OMB Review, Request for Comments SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Notices]
[Pages 70901-70905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24197]


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NUCLEAR REGULATORY COMMISSION

[EA-07-305]


In the Matter of: Licensees Authorized To Possess Radioactive 
Material Quantities of Concern; Order Imposing Fingerprinting and 
Criminal History Records Check Requirements for Unescorted Access To 
Certain Radioactive Material (Effective Immediately)

I

    The Licensees identified in Attachment 1 \1\ to this Order hold 
licenses issued in accordance with the Atomic Energy Act (AEA) of 1954, 
as amended, by the U.S. Nuclear Regulatory Commission (NRC or 
Commission), authorizing them to possess items containing radioactive 
materials in quantities of concern. These materials and the quantities 
of concern are identified in Attachment 2 to this Order. Section 652 of 
the Energy Policy Act of 2005 (EPAct), which became law on August 8, 
2005, amended Section 149 of the AEA to require fingerprinting and a 
Federal Bureau of Investigation (FBI) identification and criminal 
history records check for ``any individual who is permitted unescorted 
access to radioactive materials or other property subject to regulation 
by the Commission that the Commission determines to be of such 
significance to the public health and safety or the common defense and 
security as to warrant fingerprinting and background checks.'' Section 
149 of the AEA also requires that ``all fingerprints obtained by a 
licensee or applicant * * *shall be submitted to the Attorney General 
of the United States through the Commission for identification and a 
criminal history records check.'' NRC has decided to implement this 
requirement, prior to the completion of a future rulemaking, which will 
implement these provisions of the EPAct, because a deliberate 
malevolent act by an individual with unescorted access to these 
radioactive materials has the potential to result in significant 
adverse impacts to the public health and safety. Individuals or classes 
of individual listed in 10 CFR 73.61 (72 FR 4945 (February 2, 2007)) 
are relieved from the fingerprinting and FBI identification and 
criminal history records check requirements of section 149. Individuals 
listed in Attachment 3, Paragraph 3 have already satisfied the 
requirements of section 149 of the AEA and therefore do not need to 
take additional action. Therefore, as set forth in this Order and in 
accordance with section 149 of the AEA, as amended by the EPAct, the 
Commission is imposing additional requirements for unescorted access to 
certain radioactive material.
---------------------------------------------------------------------------

    \1\ Attachment 1 contains sensitive information and will not be 
released to the public.
---------------------------------------------------------------------------

II

    Subsequent to the terrorist events of September 11, 2001, the NRC 
issued the Increased Controls (IC) Orders (EA-05-090) \2\ to certain 
Licensees (IC Licensees, Licensees) who are authorized to possess 
radioactive material in quantities of concern. These Orders increased 
the Licensees' control over their sources in order to prevent 
unintended radiation exposure and malicious acts. One specific 
requirement imposed by the IC Orders required Licensees to conduct 
background checks to determine the trustworthiness and reliability of 
individuals needing unescorted access to radioactive materials. 
``Access'' to these radioactive materials means that an individual 
could exercise some physical control over the material or devices 
containing the material. Prior to the enactment of the EPAct, the NRC 
did not have the authority, except in the case of power reactor 
Licensees, to require Licensees to submit fingerprints for FBI 
identification and criminal history records checks of individuals being 
considered for unescorted access to radioactive materials subject to 
NRC regulations. The Commission has determined that radioactive 
materials possessed by IC Licensees are considered of such significance 
to the public health and safety as to warrant fingerprinting and FBI 
identification and criminal history records checks for such persons. 
Therefore, in accordance with section 149 of the AEA, as amended by the 
EPAct, the Commission is imposing the fingerprinting and FBI 
identification and criminal history records check requirements, as set 
forth in this Order, including those requirements identified in 
Attachment 3 to this Order on all IC Licensees identified in Attachment 
1 to this Order,

[[Page 70902]]

which are currently authorized to possess radioactive materials in 
quantities of concern. These requirements will remain in effect until 
the Commission determines otherwise.
---------------------------------------------------------------------------

    \2\ Subsequently, the IC Order requirements were imposed through 
license condition on new or amended NRC licenses authorizing the 
possession of radioactive materials in quantities of concern as 
identified in Attachment 2 to this Order.
---------------------------------------------------------------------------

    In addition, pursuant to 10 CFR 2.202, because of the potentially 
significant adverse impacts associated with a deliberate malevolent act 
by an individual with unescorted access to radioactive materials 
quantities of concern, I find that the public health and safety require 
that this Order be effective immediately.

III

    Accordingly, pursuant to sections 81, 149, 161b, 161i, 161o, 182, 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202, 10 CFR parts 30 and 33, 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. 1. The Licensee shall, within ninety (90) days of the date of 
this Order, establish and maintain a fingerprinting program that meets 
the requirements of Attachment 3 of this Order for individuals that 
require unescorted access to certain radioactive materials.
    2. Within ninety (90) days of the date of this Order, the Licensee 
shall provide under oath or affirmation, a certification that the 
Trustworthiness and Reliability (T&R) Official (an individual with the 
responsibility to determine the trustworthiness and reliability of 
another individual requiring unescorted access to the radioactive 
materials identified in Attachment 2) is deemed trustworthy and 
reliable by the Licensee as required in paragraph B.2 of this Order.
    3. The Licensee shall, in writing, within sixty (60) days of the 
date of this Order, notify the Commission, (1) if it is unable to 
comply with any of the requirements described in this Order or in 
Attachment 3 to this Order, (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 regulation or its 
license. The notification shall provide the Licensee's justification 
for seeking relief from or variation of any specific requirement.
    4. The Licensee shall complete implementation of the program 
established in accordance with paragraph A.1 of this Order by June 2, 
2008. In addition to the notifications in paragraphs 2 and 3 above, the 
Licensee shall notify the Commission within twenty-five (25) days after 
they have achieved full compliance with the requirements described in 
Attachment 3 to this Order. If by June 2, 2008, the Licensee is unable, 
due to circumstances beyond its control, to complete implementation of 
this Order, the Licensee shall submit a written request to the 
Commission explaining the need for an extension of time to implement 
the requirements. The request shall provide the Licensee's 
justification for seeking more time to comply with the requirements of 
this Order.
    5. Licensees shall notify the NRC's Headquarters Operations Office 
at 301-816-5100 within 24 hours if the results from a FBI 
identification and criminal history records check indicate that an 
individual is identified on the FBI's Terrorist Screening Data Base.
    B. 1. Except as provided in paragraph E for individuals who are 
currently approved for unescorted access, the Licensee shall grant 
access to radioactive material in Attachment 2 in accordance with the 
requirements of IC.1. of the Increased Controls Order (EA-05-090) and 
the requirements of this Order.
    2. The T&R Official, if he/she does not require unescorted access, 
must be deemed trustworthy and reliable by the Licensee in accordance 
with the requirements of IC.1. of the Increased Controls Order (EA-05-
090) before making a determination regarding the trustworthiness and 
reliability of another individual. If the T&R Official requires 
unescorted access, the Licensee must consider the results of 
fingerprinting and the review of an FBI identification and criminal 
history records check as a component in approving a T&R Official.
    C. Prior to requesting fingerprints from any individual, the 
Licensee shall provide a copy of this Order to that person.
    D. Upon receipt of the results of FBI identification and criminal 
history records checks, the Licensee shall control such information as 
specified in the ``Protection of Information'' section of Attachment 3 
of this Order and in requirement IC.5 of the Increased Controls Order 
(EA-05-090).
    E. The Licensee shall make determinations on continued unescorted 
access for persons currently granted unescorted access, by June 2, 
2008, based upon the results of the fingerprinting and FBI 
identification and criminal history records check. The Licensee may 
allow any individual who currently has unescorted access to certain 
radioactive materials in accordance with the IC Order to continue to 
have unescorted access, pending a decision by the T&R Official. After 
June 2, 2008 no individual may have unescorted access to radioactive 
materials without a determination by the T&R Official (based upon 
fingerprinting, an FBI identification and criminal history records 
check and a previous trustworthiness and reliability determination) 
that the individual may have unescorted access to such materials.
    F. 1. The Licensee shall comply with; and to the extent the 
recipient of this Order is also the recipient of the Increased Controls 
Order (EA-05-090), paragraph IC 1.b is superceded by the following:

    For individuals employed by the licensee for three years or 
less, and for non-licensee personnel, such as physicians, 
physicists, house-keeping personnel, and security personnel under 
contract, trustworthiness and reliability shall be determined, at a 
minimum, by verifying employment history, education, personal 
references, and fingerprinting and the review of an FBI 
identification and criminal history records check. The licensee 
shall also, to the extent possible, obtain independent information 
to corroborate that provided by the employee (i.e. seeking 
references not supplied by the individual). For individuals employed 
by the licensee for longer than three years, trustworthiness and 
reliability shall be determined, at a minimum, by a review of the 
employees' employment history with the licensee and fingerprinting 
and an FBI identification and criminal history records check.

    2. The Licensee shall comply with; and to the extent the recipient 
of this Order is also the recipient of Increased Controls Order (EA-05-
090), Paragraph IC 1.c of that prior Order is superceded by, the 
following:

    Service provider licensee employees shall be escorted unless 
determined to be trustworthy and reliable by an NRC-required 
background investigation. Written verification attesting to or 
certifying the person's trustworthiness and reliability shall be 
obtained from the licensee providing the service.

    3. For Licensees who have previously received the Increased 
Controls Order (EA-05-090), ``Table 1: Radionuclides of Concern'' is 
superceded by Attachment 2 to include Ra-226. The previous Increased 
Controls Order (EA-05-090) will, therefore, also apply to Ra-226 as 
noted in Attachment 2.
    Licensee responses to A.1, A.2., A.3. and A.4., above shall be 
submitted to the Director, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington,

[[Page 70903]]

DC 20555. Licensee responses shall be marked as ``Security-Related 
Information--Withhold Under 10 CFR 2.390.''
    The Director, Office of Federal and State Materials and 
Environmental Management Programs, may, in writing, relax or rescind 
any of the above conditions upon demonstration of good cause by the 
Licensee.

IV

    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within thirty (30) days of the date of this Order. In addition, 
the Licensee and any other person adversely affected by this Order may 
request a hearing of this Order within thirty (30) days of the date of 
the Order. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made, in writing, to the Director, Office of 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. If the answer includes a 
request for a hearing, it shall, under oath or affirmation, 
specifically set forth the matters of fact and law on which the 
Licensee relies and the reasons as to why the Order should not have 
been issued. 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(d).
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which became effective on October 15, 2007. The E-Filing 
Final Rule was issued on August 28, 2007, (72 FR 49,139). The E-Filing 
process requires participants to submit and serve documents over the 
internet or, in some cases, to mail copies on electronic optical 
storage media. Participants may not submit paper copies of their 
filings unless they seek a waiver in accordance with the procedures 
described below.
    To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the 
requestor must contact the Office of the Secretary by e-mail at 
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding (even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate). Each requestor will need to 
download the Workplace Forms Viewer TM to access the 
Electronic Information Exchange (EIE), a component of the E-Filing 
system. The Workplace Forms Viewer TM is free and is 
available at http://www.nrc.gov/site-help/e-submittals/install-
viewer.html. Information about applying for a digital ID certificate 
also is available on NRC's public Web site at http://www.nrc.gov/site-
help/e-submittals/apply-certificates.html.
    Once a requestor has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
request for a hearing through EIE. Submissions should be in Portable 
Document Format (PDF) in accordance with NRC guidance available on the 
NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the filer submits its 
document through EIE. To be timely, electronic filings must be 
submitted to the EIE system no later than 11:59 p.m. Eastern Time on 
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming 
receipt of the document. The EIE system also distributes an e-mail 
notice that provides access to the document to the NRC Office of the 
General Counsel and any others who have advised the Office of the 
Secretary that they wish to participate in the proceeding, so that the 
filer need not serve the document on those participants separately. 
Therefore, any others who wish to participate in the proceeding (or 
their counsel or representative) must apply for and receive a digital 
ID certificate before a hearing request is filed so that they may 
obtain access to the document via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737.
    Participants who believe that they have good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by (1) first class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
Participants are requested not to include copyrighted materials in 
their works.
    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 
requesting 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

[[Page 70904]]

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 5th day of December, 2007.

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

Attachment 1: List of Applicable Materials Licensees; Redacted

Attachment 2: Table 1: Radionuclides of Concern

                   Table 1.--Radionuclides of Concern
------------------------------------------------------------------------
                                                            Quantity of
           Radionuclide              Quantity of concern    concern \2\
                                          \1\ (TBq)            (Ci )
------------------------------------------------------------------------
Am-241............................  0.6.................              16
Am-241/Be.........................  0.6.................              16
Cf-252............................  0.2.................             5.4
Cm-244............................  0.5.................              14
Co-60.............................  0.3.................             8.1
Cs-137............................  1...................              27
Gd-153............................  10..................             270
Ir-192............................  0.8.................              22
Pm-147............................  400.................          11,000
Pu-238............................  0.6.................              16
Pu-239/Be.........................  0.6.................              16
Ra-226 \5\........................  0.4.................              11
Se-75.............................  2...................              54
Sr-90 (Y-90)......................  10..................             270
Tm-170............................  200.................           5,400
Yb-169............................  3...................              81
Combinations of radioactive         See Footnote Below
 materials listed above \3\.         \4\ .
------------------------------------------------------------------------
\1\ The aggregate activity of multiple, collocated sources of the same
  radionuclide should be included when the total activity equals or
  exceeds the quantity of concern.
\2\ The primary values used for compliance with this Order are TBq. The
  curie (Ci) values are rounded to two significant figures for
  informational purposes only.
\3\ Radioactive materials are to be considered aggregated or collocated
  if breaching a common physical security barrier (e.g., a locked door
  at the entrance to a storage room) would allow access to the
  radioactive material or devices containing the radioactive material.
\4\ If several radionuclides are aggregated, the sum of the ratios of
  the activity of each source, i of radionuclide, n, A (i,n), to the
  quantity of concern for radionuclide n, Q (n), listed for that
  radionuclide equals or exceeds one. [(aggregated source activity for
  radionuclide A) / (quantity of concern for radionuclide A)] +
  [(aggregated source activity for radionuclide B) / (quantity of
  concern for radionuclide B)] + etc..... >=1
\5\ On August 31, 2005, the NRC issued a waiver, in accordance to
  Section 651(e) of the Energy Policy Act of 2005, for the continued use
  and/or regulatory authority of Naturally Occurring and Accelerator-
  Produced Material (NARM), which includes Ra-226. The NRC plans to
  terminate the waiver in phases, beginning November 30, 2007, and
  ending on August 7, 2009. The NRC has authority to regulate discrete
  sources of Ra-226, but has refrained from exercising that authority
  until the date of an entity's waiver termination. For entities that
  possess Ra-226 in quantities of concern, this Order becomes effective
  upon waiver termination. For information on the schedule for an
  entity's waiver termination, please refer to the NARM Toolbox Web site
  at http://nrc-stp.ornl.gov/narmtoolbox.html.

Attachment 3: Specific Requirements Pertaining to Fingerprinting and 
Criminal History Records Checks

    The new fingerprinting requirements supplement previous 
requirements issued by the Increased Controls Order (EA-05-090).
    Licensees currently have a program to grant unescorted access to 
individuals. As required by condition A.1 of the Order, Licensees shall 
modify its current trustworthiness and reliability program to include 
the following:
    1. Each Licensee subject to the provisions of this attachment shall 
fingerprint each individual who is seeking or permitted unescorted 
access to risk significant radioactive materials equal to or greater 
than the quantities listed in attachment 2. The Licensee shall review 
and use the information received from the Federal Bureau of 
Investigation (FBI) identification and criminal history records check 
and ensure that the provisions contained in the subject Order and this 
attachment are satisfied.
    2. The Licensee shall notify each affected individual that the 
fingerprints will be used to secure a review of his/her criminal 
history record and inform the individual of the procedures for revising 
the record or including an explanation in the record, as specified in 
the ``Right to Correct and Complete Information'' section of this 
attachment.
    3. Fingerprints for unescorted access need not be taken if an 
employed individual (e.g., a Licensee employee, contractor, 
manufacturer, or supplier) is relieved from the fingerprinting 
requirement by 10 CFR 73.61, or any person who has been favorably-
decided by a U.S. Government program involving fingerprinting and an 
FBI identification and criminal history records check (e.g. National 
Agency Check, Transportation Worker Identification Credentials in 
accordance with 49 CFR part 1572, Bureau of Alcohol Tobacco Firearms 
and Explosives background checks and clearances in accordance with 27 
CFR part 555, Health and Human Services security risk assessments for 
possession and use of select agents and toxins in accordance with 42 
CFR part 73, Hazardous Material security threat assessment for 
hazardous material endorsement to commercial drivers license in 
accordance with 49 CFR part 1572, Customs and Border Patrol's Free and 
Secure Trade Program \1\) within the

[[Page 70905]]

last five (5) calendar years, or any person who has an active federal 
security clearance (provided in the latter two cases that they make 
available the appropriate documentation \2\). Written confirmation from 
the Agency/employer which granted the federal security clearance or 
reviewed the FBI criminal history records results based upon a 
fingerprint identification check must be provided. The Licensee must 
retain this documentation for a period of three (3) years from the date 
the individual no longer requires unescorted access to certain 
radioactive material associated with the Licensee's activities.
---------------------------------------------------------------------------

    \1\ The FAST program is a cooperative effort between the Bureau 
of Customs and Border Patrol and the governments of Canada and 
Mexico to coordinate processes for the clearance of commercial 
shipments at the U.S.-Canada and U.S.-Mexico borders. Participants 
in the FAST program, which requires successful completion of a 
background records check, may receive expedited entrance privileges 
at the northern and southern borders.
    \2\ This documentation must allow the T&R Official to verify 
that the individual has fulfilled the unescorted access requirements 
of Section 149 of the AEA by submitting to fingerprinting and an FBI 
identification and criminal history records check.
---------------------------------------------------------------------------

    4. All fingerprints obtained by the Licensee pursuant to this Order 
must be submitted to the Commission for transmission to the FBI. 
Additionally, the Licensee shall submit a certification of the 
trustworthiness and reliability of the T&R Official as determined in 
accordance with paragraph B.2 of this Order.
    5. The Licensee shall review the information received from the FBI 
and consider it, in conjunction with the trustworthiness and 
reliability requirements of the IC Order (EA-05-090), in making a 
determination whether to grant unescorted access to certain radioactive 
materials.
    6. The Licensee shall use any information obtained as part of a 
criminal history records check solely for the purpose of determining an 
individual's suitability for unescorted access to risk significant 
radioactive materials equal to or greater than the quantities listed in 
attachment 2.
    7. The Licensee shall document the basis for its determination 
whether to grant, or continue to allow unescorted access to risk 
significant radioactive materials equal to or greater than the 
quantities listed in attachment 2.

Prohibitions

    A Licensee shall not base a final determination to deny an 
individual unescorted access to certain radioactive material 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.

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 identification and 
criminal history records check after the record is made available for 
his/her review. The Licensee may make a final unescorted access to 
certain radioactive material determination based upon the criminal 
history record only upon receipt of the FBI's ultimate confirmation or 
correction of the record. Upon a final adverse determination on 
unescorted access to certain radioactive material, the Licensee shall 
provide the individual its documented basis for denial. Unescorted 
access to certain radioactive material 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 
unescorted access to certain radioactive material. No individual 
authorized to have access to the information may re-disseminate the 
information to any other individual who does not have a need-to-know.
    3. The personal information obtained on an individual from a 
criminal history record check may be transferred to another Licensee if 
the Licensee holding the criminal history record check receives the 
individual's written request to re-disseminate the information 
contained in his/her file, and the gaining Licensee verifies 
information such as the individual's name, date of birth, social 
security number, sex, and other applicable physical characteristics for 
identification purposes.
    4. The Licensee shall make criminal history records, obtained under 
this section, available for examination by an authorized representative 
of the NRC to determine compliance with the regulations and laws.
    5. The Licensee shall retain all fingerprint and criminal history 
records from the FBI, or a copy if the individual's file has been 
transferred, for three (3) years after termination of employment or 
determination of unescorted access to certain radioactive material 
(whether unescorted access was approved or denied). After the required 
three (3) year period, these documents shall be destroyed by a method 
that will prevent reconstruction of the information in whole or in 
part.

[FR Doc. E7-24197 Filed 12-12-07; 8:45 am]
BILLING CODE 7590-01-P