[Federal Register Volume 72, Number 122 (Tuesday, June 26, 2007)]
[Notices]
[Pages 35073-35078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12347]
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NUCLEAR REGULATORY COMMISSION
[EA-07-159; Docket No. 52-010]
In the Matter of General Electric Company and All Other Persons
Who Seek Or Obtain Access To Safeguards Information Described Herein;
Order Imposing Safeguards Information Protection Requirements and
Fingerprinting and Criminal History Records Check Requirements For
Access To Safeguards Information (Effective Immediately)
I
General Electric Company (GE), has submitted an application for
design certification for the Economic and Simplified Boiling Water
Reactor design in accordance with the Atomic Energy Act (AEA) of 1954,
as amended, and 10 CFR Part 52, which is currently being considered by
the NRC staff.
The Commission has decided to require, through rulemaking, that
nuclear power plant designers perform a rigorous assessment of design
features that could provide additional inherent protection to avoid or
mitigate the effects of an aircraft impact, while reducing or
eliminating the need for operator actions, where practicable. In
anticipation of this requirement, and to assist designers in completing
this assessment, the Commission has decided to provide the beyond
design basis, large commercial aircraft characteristics specified by
the Commission to plant designers who have the need-to-know and who
meet the NRC's requirements for the disclosure of such information. The
specified aircraft characteristics that are the subject of this order
are hereby designated as Safeguards Information (SGI),\1\ in accordance
with Section 147 of the AEA.
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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.
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[[Page 35074]]
In a letter dated June 26, 2004, GE requested authorization to
possess certain information designated by the NRC as SGI and described
GE's program for protecting that SGI against unauthorized disclosure in
accordance with 10 CFR 73.21. In its May 10, 2005, response to that
letter, the NRC agreed to provide GE with the requested SGI, and noted
that, based on a review of GE's implementing procedures and observation
of GE's facilities, it had determined that GE provided assurance that
it will protect the SGI in accordance with the requirements of 10 CFR
73.21. Though the NRC recognizes that GE has continued to maintain that
SGI protection program, and that implementation of that program is
consistent with the requirements of 10 CFR 73.21, GE is not legally-
bound by the May 10, 2005, letter to comply with those provisions.
Therefore, in order to provide a legally enforceable requirement for
GE's continued protection of SGI, as well as to impose the additional
fingerprinting requirements that have become effective since GE
implemented its SGI protection program in 2005, the NRC is issuing this
Order to GE to impose requirements for the protection of SGI, as well
as for the fingerprinting of all persons who have or seek access to
this SGI.
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 Investigation (FBI)
identification and criminal history records check of any person who is
permitted to have access to SGI. 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 records
check requirements for access to SGI were immediately effective upon
enactment of the EPAct. Therefore, in accordance with Section 149 of
the AEA, as amended by the EPAct, the Commission is imposing additional
requirements for access to SGI, as set forth by this Order, so that
General Electric can obtain and grant access to SGI. This Order also
requires compliance with the safeguards protection measures set forth
in 10 CFR 73.21 and imposes requirements for access to and protection
of SGI by any person,\2\ whether or not they are a licensee, applicant,
or certificate holder of the Commission or an Agreement State.
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\2\ 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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In order to implement this Order, GE must nominate an individual
who will review the results of the FBI criminal history records check
to make SGI access determinations. This individual, referred to as the
``reviewing official,'' must be someone who seeks access to SGI. Based
on the results of the FBI criminal history records check, the NRC staff
will determine whether this individual may have access to SGI. If the
NRC determines that the individual may not be granted access to SGI,
the enclosed Order prohibits that individual from obtaining access to
any SGI. Once the NRC approves a reviewing official, that reviewing
official, and only that reviewing official, can make SGI access
determinations for other individuals who have been identified by GE as
having a need-to-know SGI, and who have been fingerprinted and have had
a criminal history records check in accordance with this Order. The
reviewing official can only make SGI access determinations for other
individuals, but cannot approve other individuals to act as reviewing
officials. Only the NRC can approve a reviewing official. Therefore, if
GE wishes to have a new or additional reviewing official, the NRC must
approve that individual before they can act in the capacity of a
reviewing official.
Certain categories of individuals are relieved by rule from the
fingerprinting requirements pursuant to 10 CFR 73.59. Those individuals
include: Federal, State, and local law enforcement personnel; Agreement
State inspectors who conduct security inspections on behalf of the NRC;
members of Congress; certain employees of members of Congress or
Congressional Committees who have undergone fingerprinting for a prior
U.S. Government criminal history check; and representatives of the
International Atomic Energy Agency or certain foreign government
organizations. In addition, individuals who have had a favorably-
decided U.S. Government criminal history check within the last 5 years,
or individuals who have active Federal security clearances (provided in
either case that they make available the appropriate documentation),
have already been subjected to fingerprinting and criminal history
checks, thus, have satisfied the EPAct fingerprinting requirement.
II
The Commission has broad statutory authority to protect and
prohibit the unauthorized disclosure of SGI. Section 147 of the AEA
grants the Commission explicit authority to issue such Orders, as
necessary, to prohibit the unauthorized disclosure of SGI. Furthermore,
as discussed above, 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
addition, no person may have access to SGI unless the person has an
established need-to-know.
To provide assurance that GE is continuing to implement appropriate
measures to a consistent level of protection to prohibit unauthorized
disclosure of SGI, and to comply with the fingerprinting and criminal
history check requirements for access to SGI, GE shall implement the
requirements for the protection of SGI as set forth in 10 CFR 73.21 and
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 147, 149, 161b, 161i, 161o, 182
and 186 of the AEA of 1954 as amended, and the Commission's regulations
in 10 CFR 2.202 and 10 CFR part 73, it is hereby ordered, EFFECTIVE
IMMEDIATELY, that GE And All other persons who seek or obtain access to
safeguards information as described herein shall comply with the
requirements set forth in 10 CFR 73.21 and this order.
A.1. No person may have access to SGI unless that person has a
need-to-know the SGI, has been fingerprinted and undergone an FBI
identification and criminal history records check, 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 the requirement by 10 CFR
73.59 or who has had a favorably-decided U.S. Government criminal
history check within the last five (5) years, or who has an active
federal security clearance, provided in the latter two (2) cases that
[[Page 35075]]
the appropriate documentation is made available to GE's NRC-approved
reviewing official.
2. No person may have access to any SGI if the NRC, when making an
SGI access determination for a nominated reviewing official, has
determined, based on fingerprinting and an FBI identification and
criminal history records check, that the person nominated may not have
access to SGI.
B. No person may provide SGI to any other person except in
accordance with Condition III.A. above. Prior to providing SGI to any
person, a copy of this Order shall be provided to that person.
C. GE shall comply with the following requirements:
1. GE shall, within 20 days of the date of this Order, establish
and maintain a fingerprinting program that meets the requirements of 10
CFR 73.21 and the Attachment to this Order.
2. GE shall, within 20 days of the date of this Order, submit the
fingerprints of one (1) individual who: (a) GE nominates as the
``reviewing official'' for determining access to SGI by other
individuals; and (b) has an established need-to-know the information.
The NRC will determine whether this individual (or any subsequent
reviewing official) may have access to SGI and, therefore, will be
permitted to serve as GE's reviewing official.\3\ GE may, at the same
time or later, submit the fingerprints of other individuals to whom GE
seeks to grant access to SGI. Fingerprints shall be submitted and
reviewed in accordance with the procedures described in the Attachment
to this Order.
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\3\ The NRC's determination of this individual's access to SGI
in accordance with the process described in Enclosure 3 [available
through NRC's Agencywide Documents Access and Management System
(ADAMS)] to the transmittal letter of this Order is an
administrative determination that is outside the scope of this
Order.
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3. GE may allow any individual who currently has access to SGI to
continue to have access to previously-designated SGI without being
fingerprinted, pending a decision by the NRC-approved reviewing
official (based on fingerprinting and an FBI criminal history records
check) that the individual may continue to have access to SGI. GE shall
make determinations on continued access to SGI within 90 days of the
date of this Order, in part on the results of the fingerprinting and
criminal history check, for those individuals who were previously
granted access to SGI before the issuance of this Order.
4. GE shall, in writing, within 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 the Order, including the Attachment; or (2)
if compliance with any of the requirements is unnecessary in its
specific circumstances. The notification shall provide GE's
justification for seeking relief from, or variation of, any specific
requirement.
GE's responses to C.1, C.2, C.3, and C.4, above shall be submitted
to the Director, Office of New Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. In addition, GE responses shall be
marked as ``Security-Related Information--Withhold Under 10 CFR
2.390.''
The Director, Office of New Reactors, may, in writing, relax or
rescind any of the above conditions upon demonstration of good cause by
GE.
IV
In accordance with 10 CFR 2.202, GE must, and any other person
adversely affected by this Order may, submit an answer to this Order
and may request a hearing with regard to this Order, within 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 New Reactors, 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 by which GE or other entities adversely
affected rely, 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, U.S. Nuclear Regulatory Commission,
ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies
shall also be sent to the Director, Office of New Reactors, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant
General Counsel for Materials Litigation and Enforcement at the same
address, and to GE, if the answer or hearing request is by an entity
other than GE. 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 via 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 via e-
mail to [email protected]. If an entity other than GE requests a
hearing, that entity shall set forth, with particularity, the manner in
which their 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 GE, 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), GE 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 grounds 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 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 15th day of June 2007.
For the Nuclear Regulatory Commission.
Gary M. Holahan,
Acting Director, Office of New Reactors.
Attachment--Requirements for Fingerprinting and Criminal History
Records Checks of Individuals When a Reviewing Official Is Determining
Access to Safeguards Information
General Requirements
Licensees and other persons who are required to conduct
fingerprinting shall comply with the requirements of this
attachment.\4\
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\4\ As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting in accordance with
these requirements.
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A.1. Each licensee subject to the provisions of this attachment
shall fingerprint each individual who is seeking or permitted access to
Safeguards Information (SGI). The licensee shall review and use the
information received from the Federal
[[Page 35076]]
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 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, has a favorably-
decided U.S. Government criminal history records 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 records 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
access to SGI 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 trustworthiness and
reliability requirements included in Attachment 2 to this Order, in
making a determination whether to grant access to SGI to individuals
who have a need-to-know the SGI.
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.
7. The licensee shall document the basis for its determination
whether to grant access to SGI.
B. The licensee shall notify the NRC of any desired change in
reviewing officials, in compliance with C.2 of the subject Order. The
NRC will determine whether the individual nominated as the new
reviewing official may have access to SGI based on a previously-
obtained or new criminal history check and, therefore, will be
permitted to serve as the licensee's reviewing official.
Prohibitions
A licensee shall not base a final determination to deny an
individual access to SGI 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, 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 records 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 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
[[Page 35077]]
record is made available for his/her review. The licensee may make a
final SGI access 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 access to SGI, the
licensee shall provide the individual its documented basis for denial.
Access to SGI 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 Safeguards Information. 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 current 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 determination of access to SGI (whether 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.
Enclosure 2--Guidance for Evaluation of Access to Safeguards
Information With the Inclusion of Criminal History Records
(Fingerprint) Checks
When a licensee or other person \5\ submits fingerprints to the
Nuclear Regulatory Commission (NRC) pursuant to an NRC Order, it will
receive a criminal history summary of information, provided in federal
records, since the individual's eighteenth birthday. Individuals retain
the right to correct and complete information and to initiate challenge
procedures described in Enclosure 3. The licensee will receive the
information from the criminal history records check for those
individuals requiring access to Safeguards Information (SGI), and the
reviewing official will evaluate that information using the guidance
below. Furthermore, the requirements of all Orders, which apply to the
information and material to which access is being granted, must be met.
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\5\As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting.
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The licensee's reviewing official is required to evaluate all
pertinent and available information in making a determination of access
to SGI, including the criminal history information pertaining to the
individual as required by the NRC Order. The criminal history records
check is used when determining whether an individual has a record of
criminal activity that indicates that the individual should not have
access to SGI. Each determination of access to SGI, which includes a
review of criminal history information, must be documented to include
the basis for the decision that is made.
(i) If negative information is discovered that was not provided by
the individual, or which is different in any material respect from the
information provided by the individual, this information should be
considered, and decisions made based on these findings, must be
documented.
(ii) Any record containing a pattern of behaviors which indicates
that the behaviors could be expected to recur or continue, or recent
behaviors which cast questions on whether an individual should have
access to SGI, should be carefully evaluated prior to any authorization
of access to SGI.
It is necessary for a licensee to resubmit fingerprints only under
two conditions:
(1) the FBI has determined that the fingerprints cannot be
classified due to poor quality in the mechanics of taking the initial
impressions; or
(2) the initial submission has been lost.
If the FBI advises that six sets of fingerprints are unclassifiable
based on conditions other than poor quality, the licensee may submit a
request to the NRC for alternatives. When those search results are
received from the FBI, no further search is necessary.
Enclosure 3--Process to Challenge NRC Denials or Revocations of Access
to Safeguards Information
1. Policy
This policy establishes a process for individuals whom the Nuclear
Regulatory Commission (NRC) licensees or other person \6\ nominate as
reviewing officials to challenge and appeal NRC denials or revocations
of access to Safeguards Information (SGI). Any individual nominated as
a licensee reviewing official whom the NRC has determined may not have
access to SGI shall, to the extent provided below, be afforded an
opportunity to challenge and appeal the NRC's determination. This
policy shall not be construed to require the disclosure of SGI to any
person, nor shall it be construed to create a liberty or property
interest of any kind in the access of any individual to SGI.
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\6\As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting.
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2. Applicability
This policy applies solely to those employees of licensees who are
nominated as a reviewing official, and who are thus considered, by the
NRC, for initial or continued access to SGI in that position.
3. SGI Access Determination Criteria
Determinations for granting a nominated reviewing official access
to SGI will be made by the NRC staff. Access to SGI shall be denied or
revoked whenever it is determined that an individual does not meet the
applicable standards. Any doubt about an individual's eligibility for
initial or continued access to SGI shall be resolved in favor of the
national security and access will be denied or revoked.
4. Procedures To Challenge the Contents of Records Obtained From the
FBI
a. Prior to a determination by the NRC Facilities Security Branch
Chief that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall:
[[Page 35078]]
(i) Be provided the contents of records obtained from the FBI for
the purpose of assuring correct and complete information. 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 16.30
through 16.34). In the latter case, the FBI will forward the challenge
to the agency that submitted the data and request 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 necessary
changes in accordance with the information supplied by that agency.
(ii) Be afforded ten (10) days to initiate an action challenging
the results of an FBI criminal history records check (described in (i),
above) after the record is made available for the individual's review.
If such a challenge is initiated, the NRC Facilities Security Branch
Chief may make a determination based upon the criminal history record
only upon receipt of the FBI's ultimate confirmation or correction of
the record.
5. Procedures To Provide Additional Information
a. Prior to a determination by the NRC Facilities Security Branch
Chief that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall:
(i) Be afforded an opportunity to submit information relevant to
the individual's trustworthiness and reliability. The NRC Facilities
Security Branch Chief shall, in writing, notify the individual of this
opportunity, and any deadlines for submitting this information. The NRC
Facilities Security Branch Chief may make a determination of access to
SGI only upon receipt of the additional information submitted by the
individual, or, if no such information is submitted, when the deadline
to submit such information has passed.
6. Procedures To Notify an Individual of the NRC Facilities Security
Branch Chief Determination To Deny or Revoke Access to SGI
a. Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall be provided a written
explanation of the basis for this determination.
7. Procedures To Appeal an NRC Determination To Deny or Revoke Access
to SGI
a. Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall be afforded an opportunity
to appeal this determination to the Director, Division of Facilities
and Security. The determination must be appealed within twenty (20)
days of receipt of the written notice of the determination by the
Facilities Security Branch Chief, and may either be in writing or in
person. Any appeal made in person shall take place at the NRC's
headquarters, and shall be at the individual's own expense. The
determination by the Director, Division of Facilities and Security,
shall be rendered within sixty (60) days after receipt of the appeal.
8. Procedures To Notify an Individual of the Determination by the
Director, Division of Facilities and Security, Upon an Appeal
a. A determination by the Director, Division of Facilities and
Security, shall be provided to the individual in writing, and include
an explanation of the basis for this determination. A determination by
the Director, Division of Facilities and Security, to affirm the
Facilities Branch Chief's determination to deny or revoke an
individual's access to SGI is final and not subject to further
administrative appeals.
[FR Doc. E7-12347 Filed 6-25-07; 8:45 am]
BILLING CODE 7590-01-P