[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65220-65231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26299]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0257; EA-12-062]
Certain Licensees Requesting Unescorted Access to Radioactive
Material; Order Imposing Trustworthiness and Reliability Requirements
for Unescorted Access to Certain Radioactive Material (Effective
Immediately)
I
The Licensee identified in Attachment 1 \1\ to this Order holds a
license issued by an Agreement State, in accordance with the Atomic
Energy Act (AEA) of 1954, as amended. The license authorizes it to
perform services on devices containing certain radioactive material for
customers licensed by the U.S. Nuclear Regulatory Commission (NRC) or
an Agreement State to possess and use certain quantities of the
radioactive materials listed in Attachment 2 to this Order. 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 State
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.
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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 immediately effective security Orders to NRC and Agreement State
Licensees under the Commission's authority to protect the common
defense and security of the nation. The Orders required certain
manufacturing and distribution (M&D) Licensees to implement Additional
Security Measures (ASMs) for the radioactive materials listed in
Attachment 2 to this Order (the radionuclides of concern), to
supplement the existing regulatory requirements. The ASMs included
requirements for determining the trustworthiness and reliability of
individuals that require unescorted access to the radionuclides of
concern. Section 652 of the Energy Policy Act of 2005, 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.'' As a result, the
trustworthiness and reliability requirements of the ASMs were updated
and the M&D Licensees were issued additional Orders imposing the new
fingerprinting requirements.
In late 2005, the NRC and the Agreement States began issuing
Increased Controls (IC) Orders or other legally binding requirements to
Licensees who are authorized to possess the radionuclides of concern.
Paragraph IC 1.c of the IC requirements stated that ``service providers
shall be escorted unless determined to be trustworthy and reliable by
an NRC-required background investigation as an employee of a
Manufacturing and Distribution Licensee.'' Starting in December 2007,
the NRC and the Agreement States began issuing additional Orders or
other legally binding requirements to the IC Licensees, imposing the
new fingerprinting requirements. In the December 2007 Fingerprinting
Order, Paragraph IC 1.c of the IC requirements was superseded by the
requirement that ``Service provider Licensee employees shall be
escorted unless determined to be trustworthy and reliable by an NRC-
required background investigation.'' However, NRC did not require
background investigations for non-M&D service provider Licensees.
Consequently, only service representatives of certain M&D Licensees may
be granted unescorted access to the radionuclides of concern at an IC
Licensee facility, even though non-M&D service provider Licensees
provide similar services and have the same degree of knowledge of the
devices they service as M&D Licensees. To maintain appropriate access
control to the radionuclides of concern, and to allow M&D Licensees and
non-M&D service provider Licensees to have the same level of access at
customers' facilities, NRC is imposing trustworthiness and reliability
requirements for unescorted access to radionuclides of concern, as set
forth in this Order. These requirements apply to non-M&D service
provider Licensees that request and have a need for unescorted access
by their representatives to the radionuclides of concern at IC Licensee
facilities. These trustworthiness and reliability requirements are
equivalent to the requirements for M&D Licensees who perform services
requiring unescorted access to the radionuclides of concern.
In order to provide assurance that non-M&D service provider
Licensees are implementing prudent measures to achieve a consistent
level of protection for service providers requiring unescorted access
to the radionuclides of concern at IC Licensee facilities, the Licensee
identified in Attachment 1 to this Order shall implement the
requirements of this Order. In addition, pursuant to 10 CFR 2.202,
because of potentially significant adverse impacts associated with a
deliberate malevolent act by an individual with unescorted
[[Page 65221]]
access to the radionuclides of concern, I find that the public health,
safety, and interest require this Order to 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 20, 30 and 33,
it is hereby ordered, effective immediately, that the licensee
identified in attachment 1 to this order comply with the requirements
set forth in this order.
A.1. The Licensee shall establish and maintain a fingerprinting
program that meets the requirements of Attachment 3 to this Order for
individuals that require unescorted access to the radionuclides of
concern. The Licensee shall complete implementation of the requirements
of Attachment 3 to this Order within one hundred eighty (180) days of
the date of this Order, or before providing written verification to
another Licensee subject to the IC requirements, or attesting to or
certifying the trustworthiness and reliability of a service provider
for unescorted access to the radionuclides of concern at a customer's
facility.
A.2. Within ninety (90) days of the date of this Order, the
Licensee shall designate a ``Reviewing Official'' for determining
unescorted access to the radioactive materials as listed in Attachment
2 to this Order by other individuals. The designated Reviewing Official
shall be determined to be trustworthy and reliable by the Licensee in
accordance with the requirements described in Attachment 3 to this
Order and must be authorized to have unescorted access to the
radioactive materials listed in Attachment 2 to this Order as part of
his or her job duties.
A.3. Fingerprints for unescorted access need not be taken if a
designated Reviewing Official is relieved from the fingerprinting
requirement by 10 CFR 73.61, or has been favorably adjudicated by a
U.S. Government program involving fingerprinting and a FBI
identification and criminal history records check \2\ within the last
five (5) years, or for any person who has an active Federal security
clearance (provided in the latter two cases that they make available
the appropriate documentation \3\). The Licensee may provide, for NRC
review, written confirmation from the agency/employer which granted the
Federal security clearance or reviewed the FBI identification and
criminal history records results based upon a fingerprint
identification check. The NRC will determine whether, based on the
written confirmation, the designated Reviewing Official may have
unescorted access to the radioactive materials listed in Attachment 2
to this Order, and therefore, be permitted to serve as the Licensee's
Reviewing Official.\4\
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\2\ Examples of such programs include (1) National Agency Check,
(2) Transportation Worker Identification Credentials in accordance
with 49 CFR Part 1572, (3) Bureau of Alcohol Tobacco Firearms and
Explosives background checks and clearances in accordance with 27
CFR Part 555, (4) Health and Human Services security risk
assessments for possession and use of select agents and toxins in
accordance with 42 CFR Part 73, and (5) 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 (FAST) Program. 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.
\3\ This documentation must allow the NRC or NRC-approved
Reviewing Official to verify that the individual has fulfilled the
unescorted access requirements of Section 149 of the AEA by
submitting to fingerprinting and a FBI identification and criminal
history records check.
\4\ The NRC's determination of this individual's unescorted
access to the radionuclides of concern in accordance with the
process described in Enclosure 4 to the transmittal letter of this
Order is an administrative determination that is outside the scope
of this Order.
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A.4. A designated Reviewing Official may not review the results
from the FBI identification and criminal history records checks or make
unescorted access determinations until the NRC has approved the
individual as the Licensee's Reviewing Official.
A.5. The NRC will determine whether this individual (or any
subsequent Reviewing Official) may have unescorted access to the
radionuclides of concern, and therefore, will be permitted to serve as
the Licensee's Reviewing Official. The NRC-approved Reviewing Official
shall be the recipient of the results of the FBI identification and
criminal history records check of the other Licensee employees
requiring unescorted access to the radioactive materials listed in
Attachment 2 to this Order, and shall control such information as
specified in the ``Protection of Information'' section of Attachment 3
to this Order.
A.6. The NRC-approved Reviewing Official shall determine whether an
individual may have unescorted access to radioactive materials that
equal or exceed the quantities in Attachment 2 to this Order, in
accordance with the requirements described in Attachment 3 to this
Order.
B. Prior to requesting fingerprints from a Licensee employee, a
copy of this Order shall be provided to that person.
C.1. The Licensee shall, in writing, within twenty-five (25) 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, including
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 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.
C.2. The Licensee shall complete implementation of the requirements
of Attachment 3 to this Order within one hundred eighty (180) days of
the date of this Order.
C.3. The Licensee shall report to the Commission when they have
achieved full compliance with the requirements described in Attachment
3 to this Order. The report shall be made within twenty-five (25) days
after full compliance has been achieved.
C.4. If during the implementation period of this Order, the
Licensee is unable, due to circumstances beyond its control, to meet
the requirements of this Order by [December 3, 2012], the Licensee
shall request, in writing, that the Commission grant an extension of
time to implement the requirements. The request shall provide the
Licensee's justification for seeking additional time to comply with the
requirements of this Order.
C.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.
Licensee responses to C.1, C.2., C.3., and C.4. above shall be
submitted in writing to the Director, Office of Federal and State
Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, 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.
[[Page 65222]]
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 twenty-five (25) 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 twenty-five (25) 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, Division
of Materials Safety and State Agreements, 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).
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
[email protected], or by a toll-free call to 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded
[[Page 65223]]
pursuant to an order of the Commission, or the 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, unless an NRC regulation or other law requires
submission of such information. 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 submission.
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-five (25) 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 16th day of October, 2012.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Attachments:
1. Applicable Materials Licensee
2. Table 1: Radionuclides of Concern
3. Requirements for Service Provider Licensees Providing Written
VerificationAttesting to or Certifying the Trustworthiness and
Reliability of Service Providers forUnescorted Access to Certain
Radioactive Material at Customer Facilities, including Requirements for
Fingerprinting and Criminal History Checks
Attachment 1: Applicable Materials Licensee Redacted
Attachment 2: Order Imposing Trustworthiness and Reliability
Requirements for Unescorted Access to Certain Radioactive Material
Table 1--Radionuclides of Concern
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Quantity of concern Quantity of
Radionuclide \1\ (TBq) concern \2\ (Ci )
------------------------------------------------------------------------
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 \3\...................... 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 \4\. \5\.
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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\ The Atomic Energy Act, as amended by the Energy Policy Act of 2005,
authorizes NRC to regulate Ra-226 and NRC is in the process of
amending its regulations for discrete sources of Ra-226.
\4\ 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.
\5\ 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.
Guidance for Aggregation of Sources
NRC supports the use of the International Atomic Energy
Association's (IAEA) source categorization methodology as defined in
IAEA Safety Standards Series No. RS-G-1.9, ``Categorization of
Radioactive Sources,'' (2005) (see http://www-pub.iaea.org/MTCD/publications/PDF/Pub1227_web.pdf) and as endorsed by the agency's
Code of Conduct for the Safety and Security of Radioactive Sources,
January 2004 (see http://www-pub.iaea.org/MTCD/publications/PDF/Code-2004_web.pdf). The Code defines a three-tiered source
categorization scheme. Category 1 corresponds to the largest source
strength (equal to or greater than 100 times the quantity of concern
values listed in Table 1) and Category 3, the smallest (equal or
exceeding one-tenth the quantity of concern values listed in Table
1. Additional security measures apply to sources that are equal to
or greater than the quantity of concern values listed in Table 1,
plus aggregations of smaller sources that are equal to or greater
than the quantities in Table 1. Aggregation only applies to sources
that are collocated.
Licensees who possess individual sources in total quantities
that equal or exceed the Table 1 quantities are required to
implement additional security measures. Where there are many small
(less than the quantity of concern values) collocated sources whose
total aggregate activity equals or exceeds the Table 1 values,
licensees are to implement additional security measures.
[[Page 65224]]
Some source handling or storage activities may cover several
buildings, or several locations within specific buildings. The
question then becomes, ``When are sources considered collocated for
purposes of aggregation''? For purposes of the additional controls,
sources are considered collocated if breaching a single barrier
(e.g., a locked door at the entrance to a storage room) would allow
access to the sources. Sources behind an outer barrier should be
aggregated separately from those behind an inner barrier (e.g., a
locked source safe inside the locked storage room). However, if both
barriers are simultaneously open, then all sources within these two
barriers are considered to be collocated. This logic should be
continued for other barriers within or behind the inner barrier.
The following example illustrates the point: A lockable room has
sources stored in it. Inside the lockable room, there are two
shielded safes with additional sources in them. Inventories are as
follows:
The room has the following sources outside the safes: Cf-252,
0.12 TBq (3.2 Ci); Co-60, 0.18 TBq (4.9 Ci), and Pu-238, 0.3 TBq
(8.1 Ci). Application of the unity rule yields: (0.12 / 0.2) + (0.18
/ 0.3) + (0.3 / 0.6) = 0.6 + 0.6 + 0.5 = 1.7. Therefore, the sources
would require additional security measures.
Shielded safe 1 has a 1.9 TBq (51 Ci) Cs-137 source and
a 0.8 TBq (22 Ci) Am-241 source. In this case, the sources would
require additional security measures, regardless of location,
because they each exceed the quantities in Table 1.
Shielded safe 2 has two Ir-192 sources, each having an
activity of 0.3 TBq (8.1 Ci). In this case, the sources would not
require additional security measures while locked in the safe. The
combined activity does not exceed the threshold quantity 0.8 TBq (22
Ci).
Because certain barriers may cease to exist during source
handling operations (e.g., a storage location may be unlocked during
periods of active source usage), licensees should, to the extent
practicable, consider two modes of source usage --``operations''
(active source usage) and ``shutdown'' (source storage mode).
Whichever mode results in the greatest inventory (considering
barrier status) would require additional security measures for each
location.
Use the following method to determine which sources of
radioactive material require implementation of the Additional
Security Measures:
Include any single source equal to or greater than the
quantity of concern in Table 1
Include multiple collocated sources of the same
radionuclide when the combined quantity equals or exceeds the
quantity of concern
For combinations of radionuclides, include multiple
collocated sources of different radionuclides when the aggregate
quantities satisfy the following unity rule: [(amount of
radionuclide A) / (quantity of concern of radionuclide A)] +
[(amount of radionuclide B) / (quantity of concern of radionuclide
B)] + etc. * * * >= 1
Attachment 3: Requirements for Service Provider Licensees Providing
Written Verification Attesting to or Certifying the Trustworthiness and
Reliability of Service Providers for Unescorted Access to Certain
Radioactive Material at Customer Facilities, Including Requirements for
Fingerprinting and Criminal History Records Checks
A. General Requirements
Licensees subject to the provisions of this Order shall comply
with the requirements of this attachment. The term ``certain
radioactive material'' means the radionuclides in quantities equal
to or greater than the quantities listed in Attachment 2 to this
Order.
1. The Licensee shall provide the customer's facility written
verification attesting to or certifying the trustworthiness and
reliability of an individual as a service provider only for
employees the Licensee has approved in writing (see requirement A.3
below). The Licensee shall request unescorted access to certain
radioactive material at customer licensee facilities only for
approved service providers that require the unescorted access in
order to perform a job duty.
2. The trustworthiness, reliability, and true identity of a
service provider shall be determined based on a background
investigation. The background investigation shall address at least
the past three (3) years, and as a minimum, include fingerprinting
and a Federal Bureau of Investigation (FBI) criminal history records
check as required in Section B, verification of employment history,
education, and personal references. If a service provider's
employment has been less than the required three (3) year period,
educational references may be used in lieu of employment history.
3. The Licensee shall document the basis for concluding that
there is reasonable assurance that a service provider requiring
unescorted access to certain radioactive material at a customer
facility is trustworthy and reliable, and does not constitute an
unreasonable risk for unauthorized use of the radioactive material.
The Licensee shall maintain a list of service providers approved for
unescorted access to certain radioactive material.
4. The Licensee shall retain documentation regarding the
trustworthiness and reliability of approved service providers for
(3) years after the individual no longer requires unescorted access
to certain radioactive material associated with the Licensee's
activities.
5. Each time the Licensee revises the list of approved service
providers (see requirement 3 above), the Licensee shall retain the
previous list for three (3) years after the revision.
6. The Licensee shall provide to a customer written
certification for each service provider for whom unescorted access
to certain radioactive material at the customer's facility is
required and requested. The written certification shall be dated and
signed by the Reviewing Official. A new written certification is not
required if an individual service provider returns to the customer
facility within three (3) years, provided the customer has retained
the prior certification.
B. Specific Requirements Pertaining to Fingerprinting and Criminal
History Records Checks
1. The Licensee shall fingerprint each service provider to be
approved for unescorted access to certain radioactive materials
following the procedures outlined in Enclosure 3 of the transmittal
letter. The Licensee shall review and use the information received
from the 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 \5\) within the last
five (5) years, or any person who has an active Federal Security
Clearance (provided in the latter two cases that they make available
the appropriate documentation \6\). 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
[[Page 65225]]
individual no longer requires unescorted access to certain
radioactive material associated with the Licensee's activities.
---------------------------------------------------------------------------
\5\ 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.
\6\ This documentation must allow the Reviewing 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.
---------------------------------------------------------------------------
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 of Section A of this attachment, in making
a determination whether to approve and certify the individual for
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 certain
radioactive materials.
7. The Licensee shall document the basis for its determination
whether to approve the individual for unescorted access to certain
radioactive materials.
C. Prohibitions
A Licensee shall not base a final determination to not provide
certification for unescorted access to certain radioactive material
for an individual 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.
D. 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 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.
E. 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 whether to verify the individual for
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 fingerprints and criminal
history records from the FBI, or a copy if the individual's file has
been transferred:
a. for three (3) years after the individual no longer requires
unescorted access, or
b. for three (3) years after unescorted access to certain
radioactive material was 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.
Implementing Guidance for Service Provider Licensees That are not
Manufacturers or Distributors
A. Initial Actions
1. The U.S. Nuclear Regulatory Commission (NRC) issued a
Regulatory Issue Summary (RIS 2007-15) informing all NRC licensees
that are non-manufacturer and distributor (non-M&D) service
providers, and all Agreement State Radiation Control Program
Directors and State Liaison Officers about the non-M&D Service
Provider Order.
2. Each non-M&D service provider licensee should review the RIS
and determine if a need exists for its service representatives to
have unescorted access to radioactive material in quantities of
concern at client facilities.
3. If the licensee determines that unescorted access is required
the licensee must request, in writing, that NRC issue the Order.
B. NRC Issues Order in Response to the Licensee's Request
1. After receiving the Order, the licensee selects a candidate
Reviewing Official. As part of the selection, the licensee must
perform a trustworthiness and reliability review per the
requirements in Attachment 3 of the Order. Note: the Reviewing
Official MUST BE an individual that requires unescorted access to
radioactive material in quantities of concern as part of his/her job
duties.
2. The licensee designates the Reviewing Official to NRC by
submitting the individual's fingerprints and processing fee.
3. NRC processes the fingerprints through the Federal Bureau of
Investigation, and reviews the results of the criminal history
investigation. If the investigation does not find disqualifying
information, NRC will authorize the designated individual to serve
as the licensees Reviewing Official.
4. The Reviewing Official performs the trustworthiness and
reliability reviews for other licensee service representatives that
require unescorted access to radioactive material in quantities of
concern. The Reviewing Official must submit the fingerprints of the
service representatives to NRC and receive the criminal history
investigation results. The reviews must be performed per the
requirements in Attachment 3 of the Order and Enclosure 4 of the
transmittal letter. Based on the information and investigation
results, the Reviewing Official determines if the service
representative is trustworthy and reliable and that the service
representative may be granted unescorted access to radioactive
materials in quantities of concern.
5. The Reviewing Official prepares, on company letterhead, an
attestation or certification that indicates the service
representative (by name) has been determined to be trustworthy and
reliable in accordance with the NRC security Order for non-M&D
Service Providers. The Reviewing Official signs and dates this
document.
6. Client licensees may accept the signed and dated document in
lieu of conducting their own trustworthiness and reliability review
of the named service representative.
[[Page 65226]]
C. NRC Actions During Future Inspections
1. During future inspections, both the service provider licensee
and the client licensee will be audited to assure compliance with
the Order requirements and the implementation process.
Questions and Answers With Regards to Fingerprinting and FBI Criminal
History Records Checks
1. Information on how I would be required to respond to this
notice when I receive it does not appear to be included with the
implementing guidance? Will my response include sensitive
information?
The information on how to respond to the NRC Order requiring
implementation of the fingerprinting requirements is contained in
the Order itself. The NRC Orders are not considered sensitive
information. Examples of previous Orders can be found by searching
ADAMS or NRC's Web site.
Licensee responses to the Order are considered sensitive
information and should be marked appropriately at the top of the
page with ``Security Related Information--Withhold Under 10 CFR
2.390.''
2. Does a National Agency Check (NAC) satisfy the provisions of
the Order?
If the NAC has been conducted within the past five (5) calendar
years and the employee can provide documentation of favorable
results to the NRC or licensee's Reviewing Official, as appropriate,
then this would satisfy the provisions of the Order.
3. Can the Human Resources department be designated as the
licensee's Reviewing Official to review criminal history records? Do
they have to be fingerprinted to be able to review and approve
others?
The requirements for fingerprinting and criminal history records
should be incorporated into the licensee's current program of
reviewing and approving background information of its employees. The
duties of a Reviewing Official can be delegated to the Human
Resources department or any other appropriate department as long as
the individual(s) involved in the determining of an employee's
trustworthiness and reliability have been determined themselves to
be trustworthy and reliable by the licensee, are permitted to have
unescorted access to radioactive material in quantities of concern
as part of their job duties, and have been approved by the NRC to be
the licensee's Reviewing Official.
4. What is a Reviewing Official? Who can be a Reviewing
Official?
A Reviewing Official is an NRC-approved individual that requires
unescorted access to radioactive material in quantities of concern
as part of his/her job duties, and who shall make the
trustworthiness and reliability determinations of other Licensee
employees to determine whether the individual may have, or continue
to have, unescorted access.
5. I was only provided a few fingerprint cards, where can I get
more?
You can request more fingerprint cards by writing to the Office
of Information Services, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, by calling (301) 492-3531, or by email to
[email protected].
6. What information do I need to include on the card?
Incomplete fingerprint cards will not be processed and will be
returned to the licensee. Licensees need to include the following
information on each card:
a. Last name, first name, middle name
b. Signature of person being fingerprinted
c. Residence of person being fingerprinted
d. Date
e. Signature of official taking the fingerprints
f. Employer and address
g. Reason for being fingerprinted
h. Aliases
i. Citizenship
j. Social security number and any of the other corresponding numbers
requested on the card if applicable
k. Date of birth
l. Place of birth
m. Sex
n. Race
o. Height
p. Weight
q. Eye color
r. Hair color
7. I was able to get more fingerprint cards from my local law
enforcement agency, can I use those instead?
No, because of problems that have been experienced in the past
with some of the cards.
8. Who do I send my fingerprints to?
A completed fingerprint card should be sent to: Director,
Division of Facilities and Security, U.S. NRC, Two White Flint
North, 11545 Rockville Pike, Rockville, MD 20852-2738, ATTN:
Criminal History Program, Mail Stop TWB-05B32M.
9. Is there a fee associated with the NRC processing the
fingerprints?
The current fee to process each fingerprint card is a $26.00 per
card. Additional fees may be charged by the entity taking the
fingerprints.
10. What method of payment does the NRC accept?
NRC's preferred method of payment is electronic payment through
http://www.pay.gov. Please refer to the instructions (in Enclosure
3) included with the transmittal letter of the Order for details on
how to pay electronically. NRC also accepts checks, cashier checks
or money orders made out to the U.S. Nuclear Regulatory Commission
along with the submission of fingerprint cards. Fingerprint cards
along with checks, cashier checks or money orders should be sent to:
Director, Division of Facilities and Security, U.S. NRC, Two White
Flint North, 11545 Rockville Pike, Rockville, MD 20852-2738, Attn:
Criminal History Program, Mail Stop TWB-05B32M.
11. When are licensees required to submit fingerprints to the
NRC?
Licensees are required to fingerprint and review the criminal
history results for all materials quantities of concern to the NRC
within 90 days after the Order is issued.
12. Will guidance be provided on how to determine
trustworthiness and reliability based on FBI identification and
criminal history records checks?
Guidance is included with the Order documents; however, it will
ultimately be the decision of the licensee's Reviewing Official to
determine whether an individual should be granted unescorted access
to the radioactive material, based on the results of the criminal
records history check, and the other trustworthiness and reliability
requirements of the Order.
13. My fingerprints have been returned several times as
unclassifiable, can I get an extension to submit my fingerprints?
On a rare case that a licensee needs additional time to
implement the fingerprinting requirements beyond the implementation
time, the NRC will consider granting extensions only on a case by
case basis. Licensees must take the appropriate actions to minimize
any potential impacts in delays from receiving the criminal history
results from the NRC. In a rare case that an extension is needed,
the request must be date-stamped before the deadline to implement
the requirements and must include the licensee's justification as to
why additional time is needed beyond the implementation period and
the appropriate compensatory actions that will be implemented until
the fingerprints are processed.
14. What does unescorted access to the material mean?
Unescorted access to the material means that an individual can
exert some physical control over the material or device while they
are alone.
15. If I decide that based on a Federal criminal records history
check one of my employees previously granted unescorted access
should not have unescorted access to radioactive material what
actions can I take?
The licensee is ultimately responsible to determine the best
course of action.
16. Does the denial of unescorted access create legal liability
for the licensee?
The NRC acknowledges that employer liability potentially exists
through the process for determining trustworthiness and reliability,
just as employer liability potentially exists throughout the hiring
process. A finding that results in denying someone employment may be
actionable on the part of the employee/employee candidate, and this
is no different.
17. How far back do the criminal history record checks go? Can
the NRC provide guidance on what types of information could be
considered when granting unescorted access?
The criminal history records check provides information on all
arrests since the individual's eighteenth birthday. Guidance on
criminal offenses that could be considered is included in Enclosure
4 of the transmittal letter. However, the list of offenses is not
inclusive. There may be additional offenses not listed in the
guidance that the licensee wants to consider as part of unescorted
access approval process. It is the licensee's ultimate business
decision as to what criteria it uses for the bases of the
trustworthiness and reliability determination.
18. Is there a process to request an exemption from
fingerprinting? Do employees that have been fingerprinted in the
past need to be fingerprinted again?
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,
[[Page 65227]]
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 \7\) within the last five (5) years, or any person who
has an active Federal Security Clearance (provided in the latter two
cases that they make available the appropriate documentation).
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.
---------------------------------------------------------------------------
\7\ 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.
---------------------------------------------------------------------------
19. Is fingerprinting meant to replace the trustworthiness and
reliability determination?
No, fingerprinting is only one component of the trustworthiness
and reliability determination. A trustworthiness and reliability
determination should be based, at a minimum, by verifying employment
history, education, personal references and a federal criminal
history check. All four of these components need to be considered
when making a trustworthiness and reliability determination.
20. How will compliance with the fingerprinting component be
verified?
Compliance will be verified at the time the licensee's
trustworthiness and reliability program is inspected by the NRC.
21. Is there financial aid or funding available to assist in the
implementation of the fingerprinting requirements? Will the
licensees be compensated in any way?
The NRC will not provide financial aid and there is no funding
available to assist in the implementation of the fingerprinting
requirements.
22. Will there be a reevaluation period?
At the moment there is no reevaluation period. The reevaluation
of criminal history records will be addressed during the NRC's
rulemaking process.
23. The Order requires that the licensee shall provide under
oath or affirmation a certification that the Reviewing Official is
deemed trustworthy and reliable. What does it mean to submit
documents to the NRC ``under oath or affirmation''?
The requirement to submit documents to the NRC under oath or
affirmation may be satisfied by using a notary public to
authenticate oaths or affirmations and to certify that the
information provided is correct and true. An alternate method for
complying with the oath or affirmation requirement is presented in
the United States Code, Title 28, Section 1746 (28 U.S.C. 1746).
This method allows use of the following unsworn declaration to
satisfy the oath or affirmation requirement:
I declare [or certify, verify, state] under penalty of perjury that
the foregoing is true and correct.
Executed on [date] [Signature]
When applying this declaration, it must be used verbatim. Licensing
documents accompanied by this unsworn declaration satisfy the
requirement that such documents be submitted under oath or
affirmation.
24. Can additional employees (e.g., new hires or existing
employees changing positions within the company who did NOT have
unescorted access prior to the date of the Order) be granted
unescorted access to radioactive materials quantities of concern
prior to the establishment of a fingerprinting program and
certification that the Reviewing Official is deemed trustworthy and
reliable?
No. Prior to being granted unescorted access to material, all
additional employees the licensee identifies after the date of the
Order as requiring unescorted access, must be determined to be
trustworthy and reliable based upon the requirements of the Order
and the review of their FBI identification and criminal history
records. The Order also requires that within 180 days of the date of
the Order that licensees establish a fingerprinting program and
within 90 days of the date of the Order provide under oath or
affirmation a certification that the Reviewing Official is deemed
trustworthy and reliable by the licensee.
Only after the Reviewing Official has been certified to be
trustworthy and reliable by the licensee and approved by the NRC,
can the Reviewing Official make trustworthiness and reliability
determinations for any employee who requires unescorted access after
the date of the Order. For administrative purposes, each submittal
of fingerprints to the NRC should be accompanied by the name and
address of the Reviewing Official to whom the criminal history
records should be returned.
25. Who can perform the task of fingerprinting for my employees?
Licensees must have their fingerprints taken by an authorized
official, such as a representative from a local law enforcement
agency. However, an authorized official, for the purposes of taking
fingerprints, could be available through private entities,
contractors, or an established on-site fingerprinting program. If a
licensee has fingerprints taken at a facility other than that of a
recognized Federal, State, or local law enforcement agency, the
licensee should ensure that the prints are taken legibly and match
the identity of the individual named on the fingerprint card.
In these cases, the individual taking fingerprints should at a
minimum:
(1) Be trained to take fingerprints (Training to take
fingerprints is offered through the FBI, or may be available from
local law enforcement agencies and some professional associations.);
(2) Verify the identity of the individual being fingerprinted by
checking a government-issued picture identification (e.g., a
passport or driver's license) and that the name on the card matches
the government issued identification.
(3) Sign the block on the fingerprint card labeled ``SIGNATURE
OF OFFICIAL TAKING THE FINGERPRINTS.''
The licensee must ensure that complete and accurate information
is provided in accordance with 10 CFR 30.9. available at: http://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0009.html
26. How is the initial trustworthiness and reliability (T&R)
determination and certification made (based on fingerprints and a
criminal history record check) if the individual to be designated as
the Reviewing Official is also the license custodian, initiator, or
applicant, and has unescorted access?
In most cases, there will be no one within an organization or
company, above the custodian or initiator of a license
(``licensee''), previously determined trustworthy and reliable for
purposes of evaluating background check and criminal history
information and making the initial determination as to whether a
designated Reviewing Official is trustworthy and reliable.
Within the licensing process, there are a series of screening
criteria used by the reviewer to assess information regarding the
applicant. The purpose of the screening criteria is to provide
reasonable assurance that radioactive material will be used as
intended. The fact that a regulatory authority, using established
processes, has authorized the individual applicant to provide
services to devices containing radioactive material quantities of
concern provides the basis for allowing the applicant to appoint
Reviewing Officials.
Where the licensee or applicant requires unescorted access and
intends to designate himself or herself as the Reviewing Official,
the licensee or applicant should submit fingerprints to the NRC for
approval. Once approved by the NRC, the licensee or applicant can
then make T&R determinations for other employees who require
unescorted access subject to the fingerprinting requirements.
27. When completing the fingerprint cards, NRC Licensees should
use their NRC docket number in the field ``YOUR NO. OCA.'' Since
Agreement State Licensees do not have NRC docket numbers, what
should they use to complete the field?
Agreement State Licensees should use their two letter State
abbreviation followed by a dash and the Licensee's license number
(e.g., CA-123456).
28. When making a payment to the NRC through Pay.gov for
processing of
[[Page 65228]]
fingerprints, Pay.gov requires a TCN. What is a TCN and what
information should go in this field?
TCN stands for ``Transaction Control Number'' and it identifies
payment for the processing of fingerprints for any given individual.
The TCN is a tool for Licensees to track their submissions and may
include any number of identifying information that would be useful
for that purpose. For instance, Licensees can include the names of
one or more individuals for whom payment is being made, Licensee's
name and/or date of submittal.
29. Can I submit my fingerprints electronically to the NRC?
Yes. Some Licensees may choose to make arrangement with the NRC
to submit fingerprints electronically to the NRC. However, for many
Licensees this option may be prohibitive, due to the cost associated
with the purchase of electronic fingerprinting equipment. To
establish an electronic fingerprinting program with the NRC, please
contact NRC's Facility Security Branch at 301-492-3531. Please note
that electronic submission of fingerprints to the NRC must come
directly from the Licensee.
30. What happens to the fingerprint cards after the NRC receives
it from the Licensee?
The NRC scans the fingerprint cards to transmit to the FBI
electronically. The cards are retained and secured for approximately
a month after which time they are destroyed in accordance with
Federal guidelines.
31. How should large companies that are licensed in multiple
jurisdictions respond to the fingerprinting requirements?
The fingerprinting requirements are imposed based on the
license, not the company. If a company holds multiple licenses
subject to the fingerprinting requirements, it must respond for each
license. For example, if a company holds two NRC licenses, it must
respond for both licenses. If convenient, the company may submit a
combined response covering both licenses, but the response must
address each of the licenses (i.e., ``Joe Smith, RSO for both of our
licenses, will serve as the Reviewing Official for both licenses XX-
XXXXX-01 and XX-XXXXX-02.'').
32. The implementation deadline has passed and I have not
completed the trustworthiness and reliability adjudication process
for certain individuals because I have not received classifiable
fingerprint/FBI criminal history check results. Should I submit a
request for relief from the implementation deadline?
A request for relief from the implementation deadline is not
necessary if the initial fingerprint submissions for individuals
requiring unescorted access to radioactive materials in quantities
of concern were submitted to the (NRC) by the implementation
deadline. For these individuals, the trustworthiness and reliability
adjudication process should be completed within a maximum of 35 days
from the date of receipt of classifiable fingerprints and criminal
history reports.
33. What are the next steps in the process if the FBI rejects a
Form FD-258 (fingerprint card) because the fingerprints are not
classifiable? What options are available to licensees if an
individual's fingerprints cannot be classified based on conditions
other than poor quality after multiple attempts?
The overwhelming majority of fingerprint cards are returned as
classifiable (i.e., can be read by the FBI and used to identify the
individual). If the initial fingerprint submission is returned by
the FBI because the fingerprint impressions cannot be classified,
the fingerprints may be retaken and resubmitted (i.e., new Form-258
or submission) for a second attempt. The licensee will not be
charged for the resubmission if the licensee provides a copy of the
FBI response indicating the fingerprints could not be classified.
If the FBI is unable to classify the second submission of
fingerprints, the licensee can submit additional fingerprint
impressions for the individual, as follows:
1. The third fingerprint card submission will require payment of
an additional $26 processing fee.
2. If the third submission is also returned as unclassifiable,
the licensee may submit a fourth set of fingerprints. An additional
fee is not required because the fee for the third submission
includes one resubmission. As with the second submission, the FBI
response should be included, or the submission may be treated as a
new request and an additional fee may be charged.
Please note that a licensee can opt to take and submit the third
and fourth sets of fingerprints together to avoid a potential delay
in the response. If the third set is returned as unclassifiable, NRC
will automatically resubmit the fourth set.
3. If the fourth submission is returned as unclassifiable, the
licensee should submit six (6) additional fingerprint cards for the
individual. All six cards will be forwarded to the FBI, who will
take what they believe to be the best quality prints from each card
to make a complete set of fingerprints. An additional $26 processing
fee is required and covers the processing of all six fingerprint
cards, but does not include an additional resubmission.
4. If the FBI is unable to obtain classifiable fingerprints from
the six cards, based on conditions other than poor quality (e.g.,
medical conditions or physical anomalies that prevent the taking of
readable prints), then the NRC will automatically request a check
based on a name search for the individual, and will forward the
results to the licensee.
5. No further submissions will be required, and the licensee can
consider the results of the name search-FBI identification and
criminal history records check as a component in determining
trustworthiness and reliability in accordance with the Order.
The NRC will consider licensee requests for deviation from the
above process for good cause (e.g., a demonstrated history of
difficulty providing classifiable fingerprints during other
fingerprinting programs or a documented medical condition or
physical anomaly that can prevent the taking of readable prints).
Licensees may submit a request for consideration of alternatives,
and provide the basis for the need for an alternative process to
NRC's Facilities Security Branch in the Division of Facilities and
Security (requests may be made by phone at 301-492-3531, mailed to
the mailing address in Enclosure 3 to the Order, by FAX to the
attention of Doreen Turner at 301-492-3448 with a cover sheet
attached, or emailed to [email protected]). Please note that
requests for an alternative to the above process will not affect a
licensee's responsibility to fingerprint individuals for unescorted
access or to comply with the trustworthiness and reliability
requirements of the Order.
Licensees should be aware that Steps 3 and 4 do not occur often,
and should take notice that Step 4 may only occur in instances where
the FBI has determined that the fingerprints cannot be classified
based on conditions other than poor quality. Failure to provide
quality fingerprint impressions may result in the individual not
able to be considered for unescorted access.
Fingerprints may be unclassifiable for a number of reasons,
including:
1. Incomplete impressions (fingers not completely rolled from
one side of the nail to the other).
2. Left and right hands reversed on the fingerprint card.
3. The same hand or finger printed twice on the card.
4. Fingerprints are not clear and distinct (smudged, uneven, too
dark or light, etc.).
5. Fingers on the card are missing or partially missing without
an explanation.
To avoid rejection of fingerprints by the FBI as
``unclassifiable,'' the person taking the prints should ensure they
are of good quality and do not include any of these deficiencies,
and follow the instructions on the back of the fingerprint card.
Also, fingerprint cards with incomplete or missing information will
be returned to the licensee to provide complete information,
resulting in a delay in processing.
The FBI has provided guidance on the taking of fingerprints for
submission to the FBI at http://www.fbi.gov/hq/cjisd/takingfps.html.
This guidance also discusses special situations, such as
fingerprinting an individual with abnormalities of the fingers,
thumbs or hands, and the appropriate way to identify such situations
on the fingerprint card. A checklist to verify that the fingerprint
impressions meet the FBI's requirements is also included.
34. Will guidance be provided on what determines trustworthiness
and reliability?
No, however, IC1(b) provides the minimum basis upon which a
determination may be made. Alternative sources may be used depending
on the information available to the licensee. It is the licensee's
responsibility to make a trustworthiness and reliability
determination for an employee granted unescorted access. This is a
licensee's business decision as to what criteria it uses for the
bases of the trustworthiness and reliability determination.
The trustworthy and reliability determination is designed to
identify past actions to help verify one's character and reputation
which provide reasonable assurance of an individual's future
reliability.
The following are some indicators that licensees may want to
consider for what may be a trustworthiness and reliability concern:
[[Page 65229]]
1. Impaired performance attributable to psychological or other
disorders.
2. Conduct that warrants referral for criminal investigation or
results in arrest or conviction.
3. Indication of deceitful or delinquent behavior.
4. Attempted or threatened destruction of property or life.
5. Suicidal tendencies or attempted suicide.
6. Illegal drug use or the abuse of legal drugs.
7. Alcohol abuse disorders.
8. Recurring financial irresponsibility.
9. Irresponsibility performing assigned duties.
10. Inability to deal with stress, or having the appearance of
being under unusual stress.
11. Failure to comply with work directives.
12. Hostility or aggression toward fellow workers or authority.
13. Uncontrolled anger, violation of safety or security
procedures, or repeated absenteeism.
14. Significant behavioral changes, moodiness or depression.
These indicators are not meant to be all inclusive or intended
to be disqualifying factors. Licensees can also consider extenuating
or mitigating factors in their determinations.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this Order, Licensees should:
1. Submit one completed, legible standard fingerprint card (Form
FD-258, ORIMDNRCOOOZ) for each individual seeking unescorted access
to certain radioactive material to the Director, Division of
Facilities and Security.
2. Include a cover letter with the name and address of the NRC-
approved Reviewing Official to whom the criminal history records
should be returned.
3. Mail applications to the following address (overnight mail is
preferred): Director, Division of Facilities and Security, U.S.
Nuclear Regulatory Commission, 11545 Rockville Pike, Rockville, MD
20852-2738, ATTN: CRIMINAL HISTORY PROGRAM, MAIL STOP TWB-05B32M.
4. 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 \8\) within the last
five (5) years, or any person who has an active Federal security
clearance (provided in the latter two cases that they make available
the appropriate documentation \9\). 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.
---------------------------------------------------------------------------
\8\ 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.
\9\ This documentation must allow the Reviewing 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.
---------------------------------------------------------------------------
Additional copies of Form FD-258 may be obtained by writing the
Office of Information Services, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, by calling (301) 492-3531, or by email to
[email protected]. The Licensee should 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.
Licensees must have their fingerprints taken by an official
authorized to take fingerprints, such as a representative from a
local law enforcement agency or a private entity qualified to take
fingerprints, because the official must certify the identity of the
person being fingerprinted.
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 (e.g., due to poor
quality, incomplete impressions, or other errors in the taking of
the fingerprints). The licensee will not be charged for the one re-
submission if the licensee provides the FBI Transaction Control
Number (TCN) or a copy of the FBI response indicating the
fingerprints could not be classified. If additional re-submissions
are necessary, they will be treated as initial submittals and will
require an additional payment of the processing fee.
Fees for processing fingerprint checks are due upon application
(Note: local law enforcement agencies or contractors taking the
fingerprints may charge an additional fee for this service).
Licensees should submit payments electronically via http://www.pay.gov. Payments through Pay.gov can be made directly from the
Licensee's credit/debit card. Licensees will need to establish a
password and user ID before they can access Pay.gov. To establish an
account, Licensees should send a request for an account to
[email protected]. The request must include the Licensee's name,
address, point of contact, email address, and contact phone number.
The NRC will forward each request to Pay.gov and Pay.gov will
contact the Licensee with all of the necessary account information.
Licensees without a credit or debit card that can be linked to
Pay.gov can pay the fees by check, cashier check or money order made
out to the NRC and submitted with the fingerprint cards.
The payment of the fees for processing fingerprints must be made
before or with the submission of applications to the NRC. Combined
payment for multiple applications is acceptable. Licensees should
include the Pay.gov payment receipt(s), or a check, cashier check,
or money order for the fee(s) along with the application(s). For
additional guidance on making electronic payments, contact the
Facilities Security Branch, Division of Facilities and Security, at
(301) 492-3531. The application fee (currently $26) 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 applications. The
Commission will directly notify Licensees subject to this
requirement of any fee changes.
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.
2. The initial submission has been lost.
If the FBI advises the fingerprints are unclassifiable based on
conditions other than poor quality, the Licensee may submit a
request to NRC for alternatives. The Commission will receive and
forward to the submitting Licensee all data from the FBI as a result
of the Licensee's application(s) for criminal history records
checks, including the FBI fingerprint record(s). When the results
are received from the FBI, no further fingerprint-related search is
necessary.
Guidance for Evaluating FBI Identification and Criminal History Records
Checks for Allowing Unescorted Access to Certain Radioactive Material
Each Licensee is responsible for determining whether to grant an
individual unescorted access to certain radioactive materials. The
Licensee shall allow only trustworthy and reliable individuals,
approved in writing by the Licensee, to have unescorted access to
radioactive material quantities of concern (listed in Attachment 2
of the Order) and devices containing that radioactive material. The
trustworthiness and reliability determination, to grant an
individual unescorted access to certain radioactive materials, is
made by the Licensee's Reviewing Official, based on information
gathered from all four elements of the background check and
evaluated by the Reviewing Official. The minimum four background
check elements are: (1)
[[Page 65230]]
Fingerprinting and a Federal Bureau of Investigation (FBI)
identification and criminal history records check, (2) verifying
employment history, (3) verifying education, and 4) personal
references. The purpose of this guidance is to address the
fingerprinting component of the determination.
Unescorted access determinations require an evaluation of a
person's trustworthiness and reliability. When a person's life
history shows evidence of unreliability or untrustworthiness,
questions arise whether the person can be relied on and trusted to
exercise the responsibility necessary for working with risk-
significant radioactive materials. The purpose of the
trustworthiness and reliability determination requirement, for
unescorted access, is to provide reasonable assurance that those
individuals are trustworthy and reliable, and do not constitute an
unreasonable risk to the public health and safety, including the
potential to commit or aid theft and/or radiological sabotage. This
is a Licensee's business decision as to what criteria it uses for
the bases of the trustworthiness and reliability determination. Some
indicators that Licensees should consider for what may be a
trustworthiness and reliability concern can be found in Increased
Control guidance in Q and A 34 (Enclosure 2 to the
transmittal letter of this Order).
In evaluating the relevance of an individual's conduct, the
Reviewing Official should consider the following factors:
(1) The nature, extent, and seriousness of the conduct;
(2) The circumstances surrounding the conduct, to include
knowledgeable participation;
(3) The frequency and recency of the conduct;
(4) the individual's age and maturity at the time of the
conduct;
(5) The extent to which participation is voluntary;
(6) the presence or absence of rehabilitation and other
permanent behavioral changes;
(7) The motivation for the conduct;
(8) The potential for pressure, coercion, exploitation, or
duress; and
(9) The likelihood of continuation or recurrence.
Each case must be judged on its own merits, and final
determination remains the responsibility of the Licensee. In every
case, the Reviewing Official should evaluate trustworthiness and
reliability based on an accumulation of information which supports a
positive finding, prior to granting unescorted access. Items to
consider include:
1. The Reviewing Official should evaluate the information
collected for consistency and adequacy.
2. True identity should be evaluated by comparing applicant
provided identification and personal history data to pertinent
information from the background check, and other data sources.
3. The Reviewing Official should determine whether
inconsistencies determined through review or investigation, are
intentional, innocent, or an oversight. Willful or intentional acts
of omission or untruthfulness could be grounds for denial of
unescorted access.
When a Licensee submits fingerprints to the NRC pursuant to an
NRC Order, it will receive a FBI identification and criminal history
record since the individual's eighteenth birthday. The Licensee will
receive the information from the criminal history check of those
individuals requiring unescorted access to radioactive materials,
and the Licensee's Reviewing Official should evaluate that
information using the guidance below.
The Licensee's Reviewing Official is required to evaluate all
available information in making a T&R determination for unescorted
access to radioactive materials, including the criminal history
records information pertaining to the individual as required by the
NRC Order. The FBI identification and criminal history records check
is used in the determination of whether the individual has a record
of criminal activity that indicates that the individual should not
have unescorted access to radioactive materials subject to this
Order. Each determination of trustworthiness and reliability for
unescorted access to radioactive materials, which includes a review
of criminal history information, must be documented to include the
basis for the decision made.
Licensees shall not make a final determination solely on the
basis of criminal history checks information involving an arrest
more than 1 year old for which there is not information on the
disposition of the case, or an arrest that resulted in dismissal of
the charge or an acquittal.
All information collected is to be considered by the Licensee in
making a trustworthiness or reliability determination for unescorted
access. Potentially disqualifying information obtained from
confidential/unnamed sources must be substantiated and documented,
and should not be used as a sole basis to deny access authorization
unless corroborated. Licensees should establish criteria in writing
that would disqualify someone from being granted authorized access.
The FBI identification and criminal history records check is
used to evaluate whether the individual has a record of criminal
activity that may compromise his or her trustworthiness and
reliability. Identification of a criminal history through the FBI
criminal history records check does not automatically indicate
unreliability or lack of trustworthiness of the employee. The
licensee will have to judge the nature of the criminal activity,
length of employment, and recency of the criminal activity. The
licensee can authorize individuals with criminal records for
unescorted access to radioactive materials, based on a documented
evaluation of the basis for determining that the employee was
reliable and trustworthy notwithstanding his or her criminal
history. Each evaluation conducted in review of criminal history and
other background checks information, should be documented to include
the decision making basis.
At a minimum, the Licensee should consider the following
elements when evaluating the results of the FBI Identification and
Criminal History Records check:
1. Committed, attempted to commit, aided, or abetted another who
committed or attempted to commit any act of sabotage, espionage,
treason, sedition, or terrorism.
2. Publicly or privately advocated actions that may be inimical
to the interest of the United States, or publicly or privately
advocated the use of force or violence to overthrow the Government
of the United States or the alteration of the form of government of
the United States by unconstitutional means.
3. Knowingly established or continued a sympathetic association
with a saboteur, spy, traitor, seditionist, anarchist, terrorist, or
revolutionist, or with an espionage agent or other secret agent or
representative of a foreign nation whose interests may be inimical
to the interests of the United States, or with any person who
advocates the use of force or violence to overthrow the Government
of the United States or the alteration of the form of government of
the United States by unconstitutional means. (Ordinarily, the
Licensee should not consider chance or casual meetings or contacts
limited to normal business or official relations.)
4. Joined or engaged in any activity knowingly in sympathy with
or in support of any foreign or domestic organization, association,
movement, group, or combination of persons which unlawfully
advocates or practices the commission of acts of force or violence
to prevent others from exercising their rights under the
Constitution or laws of the United States or any State or any
subdivisions thereof by unlawful means, or which advocate the use of
force and violence to overthrow the Government of the United States
or the alteration of the form of government of the United States by
unconstitutional means. (Ordinarily, the Licensee should not
consider chance or casual meetings or contacts limited to normal
business or official relations.)
5. Deliberately misrepresented, falsified or omitted relevant
and material facts from documentation provided to the Licensee.
6. Has been convicted of a crime(s) which, in the Reviewing
Official's opinion, indicate poor judgment, unreliability, or
untrustworthiness.
These indicators are not meant to be all inclusive nor intended
to be disqualifying factors. Licensees can also consider how recent
such indicators occurred and other extenuating or mitigating factors
in their determinations. Section 149.c.(2)(B) of the AEA requires
that the information obtained as a result of fingerprinting be used
solely for the purposes of making a determination as to unescorted
access suitability. Unescorted access suitability is not a hiring
decision, and the NRC does not intend for licensees to use this
guidance as such. Because a particular individual may not be
suitable for unescorted access does not necessarily mean that he is
not suitable for escorted access or some other position that does
not involve NRC-regulated activities.
Process To Challenge NRC Denials or Revocations of Unescorted Access to
Certain Radioactive Material
1. Policy.
This policy establishes a process for individuals whom NRC
licensees nominate
[[Page 65231]]
as Reviewing Officials to challenge and appeal NRC denials or
revocations of access to certain radioactive material. Any
individual designated as a licensee Reviewing Official whom the NRC
has determined may not have unescorted access to certain radioactive
material 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 create a liberty or property
interest of any kind in the unescorted access of any individual to
certain radioactive material.
2. Applicability.
This policy applies solely to those employees of licensees who
are designated as a Reviewing Official, and who are thus to be
considered by the NRC for initial or continued unescorted access to
certain radioactive material in that position.
3. Unescorted Access Determination Criteria.
Determinations for granting a designated Reviewing Official
unescorted access to certain radioactive material will be made by
the NRC staff. Unescorted access 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 unescorted access to certain radioactive material shall
be resolved in favor of national security and result in denial or
revocation of unescorted access.
4. Procedures to Challenge the Contents of Records Obtained from
the FBI.
Prior to a determination by the NRC Facilities Security Branch
Chief that an individual designated as a Reviewing Official is
denied or revoked unescorted access to certain radioactive material,
the individual shall:
a. 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 C.F.R. Sec.
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.
b. Be afforded 10 days to initiate an action challenging the
results of an FBI criminal history records check (described in (a),
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.
Prior to a determination by the NRC Facilities Security Branch
Chief that an individual designated as a Reviewing Official is
denied or revoked access to certain radioactive material, the
individual shall 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 unescorted access to certain radioactive material
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
Certain Radioactive Material.
Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a Reviewing Official is denied or
revoked access to certain radioactive material, 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 Certain Radioactive Material.
Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or
revoked access to certain radioactive material, 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 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 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 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 certain radioactive material is final and not
subject to further administrative appeals.
[FR Doc. 2012-26299 Filed 10-24-12; 8:45 am]
BILLING CODE 7590-01-P