Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Exemption to certain security checks.
Fingerprinting, and the identification and criminal history
records checks required by section 149 of the Atomic Energy Act of 1954, as
amended, and other elements of the background investigation are not required
for the following individuals prior to granting unescorted access to category 1
or category 2 quantities of radioactive materials:
A. an employee of the commission or of the
Executive Branch of the U.S. government who has undergone fingerprinting for a
prior U.S. government criminal history records check;
B. a member of Congress;
C. an employee of a member of Congress or a
congressional committee who has undergone fingerprinting for a prior U.S.
government criminal history records check;
D. the governor of a state or the governor's
designated state employee representative;
E. federal, state, or local law enforcement
personnel;
F. state radiation
control program directors and state homeland security advisors or their
designated state employee representatives;
G. agreement state employees conducting
security inspections on behalf of the NRC under an agreement executed under
section 274.i. of the Atomic Energy Act;
H. representatives of the International
Atomic Energy Agency (IAEA) engaged in activities associated with the U.S./IAEA
Safeguards Agreement who have been certified by the NRC;
I. emergency response personnel who are
responding to an emergency;
J.
commercial vehicle drivers for road shipments of category 1 and category 2
quantities of radioactive material;
K. package handlers at transportation
facilities such as freight terminals and railroad yards;
L. any individual who has an active federal
security clearance, provided that the individual makes available the
appropriate documentation. Written confirmation from the agency/employer that
granted the federal security clearance or reviewed the criminal history records
check must be provided to the licensee. The licensee must retain this
documentation for a period of three years from the date the individual no
longer requires unescorted access to category 1 or category 2 quantities of
radioactive material; and
M. any
individual employed by a service provider licensee for which the service
provider licensee has conducted the background investigation for the individual
and approved the individual for unescorted access to category 1 or category 2
quantities of radioactive material. Written verification from the service
provider must be provided to the licensee. The licensee must retain the
documentation for a period of three years from the date the individual no
longer requires unescorted access to category 1 or category 2 quantities of
radioactive material.
Subp.
2.
Additional exemption.
Fingerprinting, and the identification and criminal history
records checks required by section 149 of the Atomic Energy Act of 1954, as
amended, are not required for an individual who has had a favorably adjudicated
U.S. government criminal history records check within the last five years,
under a comparable U.S. government program involving fingerprinting and an FBI
identification and criminal history records check provided that the individual
makes available the appropriate documentation. Written confirmation from the
agency/employer that reviewed the criminal history records check must be
provided to the licensee. The licensee must retain this documentation for a
period of three years from the date the individual no longer requires
unescorted access to category 1 or category 2 quantities of radioactive
material. These programs include, but are not limited to:
A. national agency check;
B. Transportation Worker Identification
Credentials (TWIC) under Code of Federal Regulations, title
49, part 1572;
C. Bureau of
Alcohol, Tobacco, Firearms, and Explosives background check and clearances
under Code of Federal Regulations, title 27, part
555;
D. Health and Human Services
security risk assessments for possession and use of select agents and toxins
under Code of Federal Regulations, title 42, part
73;
E. hazardous material security
threat assessment for hazardous material endorsement to commercial driver's
license under Code of Federal Regulations, title 49, part
1572; and
F. Customs and Border
Protection's Free and Secure Trade (FAST) Program.
