[Federal Register Volume 72, Number 106 (Monday, June 4, 2007)]
[Notices]
[Pages 30877-30882]
From the Federal Register Online via the Government Publishing 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.
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\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.
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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 [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 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 [email protected]. 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