[Federal Register Volume 71, Number 159 (Thursday, August 17, 2006)]
[Notices]
[Pages 47547-47548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13562]
[[Page 47547]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-83; License No. R-56; EA-06-190]
In the Matter of University of Florida, and All Other Persons Who
Seek or Obtain Access to New Safeguards Information Described Herein;
Order Imposing Fingerprinting and Criminal History Check Requirements
for Access to New Safeguards Information (Effective Immediately)
I
The University of Florida (the Licensee) holds a license issued in
accordance with the Atomic Energy Act (AEA) of 1954, as amended, by the
U.S. Nuclear Regulatory Commission (NRC or Commission), authorizing it
to engage in an activity subject to regulation by the Commission. On
August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted.
Section 652 of the EPAct amended section 149 of the AEA to require
fingerprinting and a Federal Bureau of Investigations (FBI)
identification and criminal history records check of any person who is
to be permitted to have access to Safeguards Information (SGI).\1 \The
NRC's implementation of this requirement cannot await the completion of
the SGI rulemaking, which is underway, because the EPAct fingerprinting
and criminal history check requirements for access to SGI were
immediately effective upon enactment of the EPAct. Although the EPAct
permits the Commission by rule to except certain categories of
individuals from the fingerprinting requirement, which the Commission
has done (see 10 CFR 73.59, 71 FR 33989 (June 13, 2006)), it is
unlikely that many Licensee employees are excepted from the
fingerprinting requirement by the ``fingerprinting relief'' rule.
Individuals relieved from fingerprinting and criminal history checks
under the relief rule include Federal, State, and local officials and
law enforcement personnel; Agreement State inspectors who conduct
security inspections on behalf of the NRC; members of Congress and
certain employees of members of Congress or Congressional Committees,
and representatives of the International Atomic Energy Agency (IAEA) or
certain foreign government organizations. In addition, individuals who
have active federal security clearances have satisfied the EPAct
fingerprinting requirement and need not be fingerprinted again.
Therefore, in accordance with section 149 of the AEA, as amended by the
EPAct, the Commission is imposing additional requirements for access to
new SGI,\2\ as set forth by this Order, so that the Licensee can obtain
new SGI. This Order also imposes requirements for access to new SGI by
any person\3,\ from any person, whether or not a Licensee, Applicant or
Certificate Holder of the Commission or Agreement States.
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\1\ Safeguards Information is a form of sensitive, unclassified,
security-related information that the Commission has the authority
to designate and protect under section 147 of the AEA.
\2\ ``New SGI'' means SGI generated subsequent to August 8,
2005, the date of enactment of the EPAct. ``New SGI'' also means any
SGI, regardless of when it was generated, that is being accessed by
an individual who has never been previously granted access to SGI.
\3\ Person means (1) any individual, corporation, partnership,
firm, association, trust, estate, public or private institution,
group, government agency other than the Commission or the Department
of Energy, except that the Department of Energy shall be considered
a person with respect to those facilities of the Department of
Energy specified in section 202 of the Energy Reorganization Act of
1974 (88 Stat. 1244), any State or any political subdivision of, or
any political entity within a State, any foreign government or
nation or any political subdivision of any such government or
nation, or other entity; and (2) any legal successor,
representative, agent, or agency of the foregoing.
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II
The Commission has broad statutory authority to protect SGI and
prohibit its unauthorized disclosure. Section 147 of the AEA grants the
Commission explicit authority to issue such orders as necessary to
prohibit the unauthorized disclosure of safeguards information.
Furthermore, section 652 of the EPAct amended section 149 of the AEA to
require fingerprinting and an FBI identification and a criminal history
records check of each individual who seeks access to SGI.
In order to provide assurance that the Licensee is implementing
appropriate measures to comply with the fingerprinting and criminal
history check requirements for access to new SGI, the Licensee shall
implement the requirements of 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 104, 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 parts 50 and 73, It is
hereby ordered, effective immediately, that the licensee and all other
persons who seek or obtain access to new safeguards information, as
described above, shall comply with the requirements set forth in this
order.
A. No person may have access to new Safeguards Information unless
that person has a need to know the new SGI, has been fingerprinted and
undergone an FBI identification and criminal history records check,
which has been favorably decided, and satisfies all other applicable
requirements for access to SGI. Fingerprinting and the FBI
identification and criminal history records check are not required,
however, for any person who is relieved from that requirement by 10 CFR
73.59 (71 FR 33989 (June 13, 2006)) or who has an active Federal
security clearance.
B. No person may provide new SGI to any other person except in
accordance with condition III.A. above. Prior to sharing new SGI with
any other person, a copy of this Order shall be provided to that
person.
The Director, Office of Nuclear Reactor Regulation, 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, 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 Nuclear Reactor
Regulation, 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 Nuclear Reactor Regulation, 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
[[Page 47548]]
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
[email protected] and also to the Office of the General Counsel
either by means of facsimile transmission to 301-415-3725 or by e-mail
to [email protected]. If a person other than the Licensee requests
a hearing, that person shall set forth with particularity the manner in
which his/her interest is adversely affected by this 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 as specified above in Section III
shall be final twenty (20) days from the date of this Order without
further order or proceedings. If an extension of time for requesting a
hearing has been approved, the provisions as specified above in Section
III shall be final when the extension expires if a hearing request has
not been received. An answer or a request for hearing shall not stay
the immediate effectiveness of this order.
Dated this 11th day of August 2006.
For the Nuclear Regulatory Commission.
Bruce A. Boger,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. E6-13562 Filed 8-16-06; 8:45 am]
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