[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Notices]
[Pages 70901-70905]
From the Federal Register Online via the Government Publishing 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.
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\1\ Attachment 1 contains sensitive information and will not be
released to the public.
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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.
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\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.
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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
[email protected], 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
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Quantity of
Radionuclide Quantity of concern concern \2\
\1\ (TBq) (Ci )
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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\ .
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\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.
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\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.
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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