[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6936-6941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02479]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0018; EA-13-241]


Certain Panoramic and Underwater Irradiators Authorized To 
Possess Byproduct Material; Order Imposing Compensatory Measures 
(Effective Immediately)

I

    The Licensee identified in Attachment 1 to this Order holds a 
license issued in accordance with the Atomic Energy Act of 1954 and 10 
CFR part 36 by the U.S. Nuclear Regulatory Commission (NRC or 
Commission) authorizing possession of greater than 370 terabecquerels 
(10,000 curies) of byproduct material in the form of sealed sources in 
panoramic irradiators that have dry or wet storage of the sealed 
sources, or in underwater irradiators in which both the source and the 
product being irradiated are under water. Commission regulations at 10 
CFR 20.1801 or equivalent Agreement State regulations require Licensees 
to secure, from unauthorized removal or access, licensed materials that 
are stored in controlled or unrestricted areas. Commission regulations 
at 10 CFR 20.1802 or equivalent Agreement 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.

II

    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, N.Y., and near Washington, DC, utilizing large commercial 
aircraft as weapons. In response to the attacks and intelligence 
information subsequently obtained, the Commission issued a number of 
Safeguards and Threat Advisories to its Licensees in order to 
strengthen Licensees' capabilities and readiness to respond to a 
potential attack on a nuclear facility. The Commission has also 
communicated with other Federal, State and local government agencies 
and industry representatives to discuss and evaluate the current threat 
environment in order to assess the adequacy of security measures at 
licensed facilities. In addition, the Commission has been conducting a 
review of its safeguards and security programs and requirements.
    As a result of its consideration of current safeguards and license 
requirements, as well as a review of information provided by the 
intelligence community, the Commission has determined that certain 
compensatory measures are required to be implemented by Licensees as 
prudent measures to address the current threat environment. Therefore, 
the Commission is imposing requirements, as set forth in Attachment 2 
\1\ on the Licensee identified in Attachment 1 \2\ of this Order who 
currently possesses, or has near term plans to possess, greater than 
370 terabecquerels (10,000 curies) of byproduct material in the form of 
sealed sources. These requirements, which supplement existing 
regulatory requirements, will provide the Commission with reasonable 
assurance that the public health and safety and common defense and 
security continue to be adequately protected in the current threat 
environment.
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    \1\ Attachment 2 contains some requirements that are SAFEGUARDS 
INFORMATION, and cannot be released to the public. The remainder of 
the requirements contained in Attachment 2 that are not SAFEGUARDS 
INFORMATION are being released to the public.
    \2\ Attachment 1 contains sensitive information and will not be 
released to the public.
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    Attachment 3 of this Order contains the requirements for 
fingerprinting and criminal history record checks for individuals when 
the Licensee's reviewing official is determining access to Safeguards 
Information or unescorted access to the panoramic or underwater 
irradiator sealed sources. These requirements will remain in effect 
until the Commission determines otherwise.
    The Commission concludes that these security measures must be 
embodied in an Order, consistent with the established regulatory 
framework. The Commission has broad statutory authority to protect and 
prohibit the unauthorized disclosure of Safeguards Information. Section 
147 of the Atomic Energy Act of 1954, as amended, grants the Commission 
explicit authority to ``issue such orders, as necessary to prohibit the 
unauthorized disclosure of safeguards information. . . .'' This 
authority extends to information concerning special nuclear material, 
source material, and byproduct material, as well as production and 
utilization facilities. Licensees must ensure proper handling and 
protection of Safeguards Information to avoid unauthorized disclosure 
in accordance with the specific requirements for the protection of 
Safeguards Information contained in Attachment 2 to the NRC's ``Order 
Imposing Requirements for the Protection of Certain Safeguards 
Information'' (EA-13-040). The Commission hereby provides notice that 
it intends to treat all violations of the requirements contained in 
Attachment 2 to the NRC's ``Order Imposing Requirements for the 
Protection of Certain Safeguards Information'' (EA-13-040), applicable 
to the handling and unauthorized disclosure of Safeguards Information, 
as serious breaches of adequate protection of the public health and 
safety and the common defense and security of the United States.
    Access to Safeguards Information is limited to those persons who 
have established a need-to-know the information, are considered to be 
trustworthy and reliable, have been fingerprinted and undergone a 
Federal Bureau of Investigation (FBI) identification and criminal 
history records check in accordance with the NRC's ``Order Imposing 
Fingerprinting and Criminal History Records Check Requirements for 
Access to Safeguards Information'' (EA-13-041). A need-to-know means a 
determination by a person having responsibility for

[[Page 6937]]

protecting Safeguards Information that a proposed recipient's access to 
Safeguards Information is necessary in the performance of official, 
contractual, or Licensee duties of employment. Individuals who have 
been fingerprinted and granted access to Safeguards Information by the 
reviewing official under the NRC Order EA-13-041, dated June 5, 2013, 
do not need to be fingerprinted again for purposes of being considered 
for unescorted access.
    This Order also requires that a reviewing official must consider 
the results of the FBI criminal history records check in conjunction 
with other applicable requirements to determine whether an individual 
may be granted or allowed continued unescorted access. The reviewing 
official may be one that has previously been approved by the NRC in 
accordance with the NRC Order EA-13-041 dated June 5, 2013. Licensees 
may nominate additional reviewing officials for making unescorted 
access determinations in accordance with the EA-13-041 Order. The 
nominated reviewing officials must have access to Safeguards 
Information or require unescorted access to the radioactive material as 
part of their job duties.
    In order to provide assurance that the Licensees are implementing 
prudent measures to achieve a consistent level of protection to address 
the current threat environment, all Licensees who hold licenses issued 
by the NRC or an Agreement State authorizing possession greater than 
370 terabecquerels (10,000 curies) of byproduct material in the form of 
sealed sources in a panoramic or underwater irradiator shall implement 
the requirements identified in Attachments 2 and 3 to this Order. In 
addition, pursuant to 10 CFR 2.202, I find that in light of the common 
defense and security matters identified above, which warrant the 
issuance of this Order, the public health, safety and interest require 
that this Order be effective immediately.

III

    Accordingly, pursuant to Sections 81, 147, 149, 161b, 161i, 161o, 
182 and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202, 10 CFR part 30, part 36, and 
part 73, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT THE LICENSEE 
IDENTIFIED IN ATTACHMENT 1 TO THIS ORDER SHALL COMPLY WITH THE 
REQUIREMENTS OF THIS ORDER AS FOLLOWS:
    A. The Licensee shall, notwithstanding the provisions of any 
Commission or Agreement State regulation or license to the contrary, 
comply with the requirements described in Attachments 2 and 3 to this 
Order. This Order is effective immediately.
    B.1. The Licensee shall, within twenty (20) days of the date of 
this Order, notify the Commission, (1) if it is unable to comply with 
any of the requirements described in Attachments 2 or 3, (2) if 
compliance with any of the requirements is unnecessary in its specific 
circumstances, or (3) if implementation of any of the requirements 
would cause the Licensee to be in violation of the provisions of any 
Commission or Agreement State regulation or its license. The 
notification shall provide the Licensee's justification for seeking 
relief from or variation of any specific requirement.
    2. If the Licensee considers that implementation of any of the 
requirements described in Attachments 2 or 3 to this Order would 
adversely impact safe operation of the facility, the Licensee must 
notify the Commission, within twenty (20) days of this Order, of the 
adverse safety impact, the basis for its determination that the 
requirement has an adverse safety impact, and either a proposal for 
achieving the same objectives specified in the Attachments 2 or 3 
requirement in question, or a schedule for modifying the facility to 
address the adverse safety condition. If neither approach is 
appropriate, the Licensee must supplement its response to Condition B.1 
of this Order to identify the condition as a requirement with which it 
cannot comply, with attendant justifications as required in Condition 
B.1.
    C.1. In accordance with the NRC's ``Order Imposing Fingerprinting 
and Criminal History Records Check Requirements for Access to 
Safeguards Information'' (EA-13-041) issued on June 5, 2013, only the 
NRC-approved reviewing official shall review results from an FBI 
criminal history records check. The Licensee may use a reviewing 
official previously approved by the NRC as its reviewing official for 
determining access to Safeguards Information or the Licensee may 
nominate another individual specifically for making unescorted access 
to radioactive material determinations, using the process described in 
EA-13-041.
    The reviewing official must have access to Safeguards Information 
or require unescorted access to the radioactive material as part of 
their job duties. The reviewing official shall determine whether an 
individual may have, or continue to have, unescorted access to the 
panoramic or underwater irradiator sealed sources that equal or exceed 
370 Terabecquerels (10,000 curies).
    Fingerprinting and the FBI identification and criminal history 
records check are not required for individuals exempted from 
fingerprinting requirements under 10 CFR 73.61 [72 FR 4948 (February 2, 
2007)]. In addition, individuals who have a favorably decided U.S. 
Government criminal history records check within the last five (5) 
years, or have an active Federal security clearance (provided in each 
case that the appropriate documentation is made available to the 
Licensee's reviewing official), have satisfied the Energy Policy Act of 
2005 fingerprinting requirement and need not be fingerprinted again for 
purposes of being considered for unescorted access.
    2. No person may have access to Safeguards Information or 
unescorted access to the panoramic or underwater irradiator sources if 
the NRC has determined, in accordance with its administrative review 
process based on fingerprinting and an FBI identification and criminal 
history records check, either that the person may not have access to 
Safeguards Information or that the person may not have unescorted 
access to a utilization facility or radioactive material subject to 
regulation by the NRC.
    D. Fingerprints shall be submitted and reviewed in accordance with 
the procedures described in Attachment 3 to this Order. Individuals who 
have been fingerprinted and granted access to Safeguards Information by 
the reviewing official under Order EA-13-041 do not need to be 
fingerprinted again for purposes of being considered for unescorted 
access.
    E. The Licensee may allow any individual who currently has 
unescorted access to the panoramic or underwater irradiator sealed 
sources, in accordance with this Order, to continue to have unescorted 
access during the pendency of a decision by the reviewing official 
(based on fingerprinting, an FBI criminal history records check and a 
trustworthiness and reliability determination) that the individual may 
continue to have unescorted access to the panoramic or underwater 
irradiator sealed sources.
    F.1. The Licensee shall, within twenty (20) days of the date of 
this Order, submit to the Commission a schedule for completion of each 
requirement described in Attachments 2 and 3.
    2. The Licensee shall report to the Commission when they have 
achieved full compliance with the requirements described in Attachments 
2 and 3.

[[Page 6938]]

    G. Notwithstanding any provisions of the Commission's or Agreement 
State's regulations to the contrary, all measures implemented or 
actions taken in response to this Order shall be maintained until the 
Commission determines otherwise.
    Licensee response to Conditions B.1, B.2, F.1, and F.2 above shall 
be submitted to the Director, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. In addition, Licensee submittals that contain 
specific physical protection or security information considered to be 
Safeguards Information shall be put in a separate enclosure or 
attachment and, marked as ``SAFEGUARDS INFORMATION--MODIFIED HANDLING'' 
and mailed. No electronic transmittals (i.e., no email or FAX) to the 
NRC in accordance with Attachment 2 to the NRC's ``Order Imposing 
Requirements for the Protection of Certain Safeguards Information'' 
(EA-13-040).
    The Director, Office of Federal and State Materials and 
Environmental Management Programs, may, in writing, relax or rescind 
any of the above conditions upon demonstration by the Licensee of good 
cause.

IV

    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within twenty (20) 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 (20) days of the date of 
the Order. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made, in writing, to the Director, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, 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 the 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's 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 the NRC guidance 
available on the NRC's 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 agency'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 Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at 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

[[Page 6939]]

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, MD, 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 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/EHD/, unless excluded 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 (20) days from the 
date of this Order without further order or proceedings. If an 
extension of time for requesting a hearing has been approved, the 
provisions specified in Section III shall be final when the extension 
expires if a hearing request has not been received. An answer or a 
request for hearing shall not stay the immediate effectiveness of this 
order.

    Dated this 23rd day of January 2014.

    For the Nuclear Regulatory Commission.
Brian E. Holian,
Acting Director, Office of Federal and State Materials and 
Environmental Management Programs.

Attachment 1: Applicable Materials Licensee--Redacted

Attachment 2: Compensatory Measures for Panoramic and Underwater 
Irradiator Licensees Revision 4

    These compensatory measures (CMs) are established to delineate 
Licensee responsibility in response to the current threat environment 
in the aftermath of the terrorist attacks of September 11, 2001. The 
following security measures apply to Licensees who, now and in the 
future, possess greater than 370 Terabecquerels (TBq) [10,000 Ci] of 
byproduct material in the form of sealed sources in panoramic 
irradiators that have dry or wet storage of the sealed sources, or in 
underwater irradiators in which both the source and the product being 
irradiated are underwater.
    1. Use and store the radioactive material only within a security 
zone that isolates the material from unauthorized access and 
facilitates detection if such access occurs.
    The security zone is an area, defined by the Licensee, that 
provides for both isolation of radioactive material and access control. 
The Licensee must demonstrate for this area a means to detect any 
attempt of unauthorized access to licensed material. ``Isolation'' 
means to deter persons, materials, or vehicles from entering or leaving 
through other than established access control points. ``Access 
control'' means to allow only approved individuals into the security 
zone. Thus, isolation and access control aid in the detection of 
unauthorized access or activities deemed by the Licensee to be 
indicative of, or contributory to, the loss, theft, or release of 
material. The security zone does not have to be the same as the 
restricted area or controlled area, as defined in 10 CFR part 20.
    Security zones can be permanent or temporary to meet transitory or 
intermittent business activities (such as during periods of 
maintenance, source delivery and source replacement). Different 
isolation/access control measures may be used for periods during which 
the security zone is occupied versus unoccupied.
    2. Continuously control access to the security zone and limit 
admittance to those individuals who are approved and require access to 
perform their duties.
    A. For individuals granted access to safeguards information or 
unescorted access to the security zone, Licensees must provide 
reasonable assurance that individuals are trustworthy and reliable, and 
do not constitute an unreasonable risk to the common defense and 
security. ``Access'' means that an individual could exercise some 
physical control over the material or device containing radioactive 
material.
    i. The trustworthiness and reliability of individuals shall be 
determined based on a background investigation. The background 
investigation shall address at least the past 3 years and, as a 
minimum, include fingerprinting and a Federal Bureau of Investigation 
(FBI) criminal history check, verification of work or education 
references as appropriate to the length of employment, and confirmation 
of eligibility for employment in the United States.
    ii. Fingerprints shall be submitted and reviewed in accordance with 
the procedures described in Attachment 3 to this Order.
    iii. A reviewing official that the licensee nominated and has been 
approved by the NRC, in accordance with NRC ``Order Imposing 
Fingerprinting and Criminal History Records Check Requirements for 
Access to Safeguards Information,'' may continue to make 
trustworthiness and reliability determinations. The Licensee may also 
nominate another individual specifically for making unescorted access 
determinations using the process identified in the NRC ``Order Imposing 
Fingerprinting and Criminal History Records Check Requirements for 
Access to Safeguards Information.'' The nominated reviewing official 
must have access to Safeguards Information or require unescorted access 
to the radioactive material as part of their job duties.
    B. [This paragraph contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.]
    3. Implement a system (i.e., devices and/or trained individuals) to 
monitor, detect, assess and respond to unauthorized entries into or 
activities in the security zone.

[[Page 6940]]

    A. [This paragraph contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.]
    B. Provide enhanced security measures when temporary security zones 
are established, during periods of maintenance, source delivery and 
shipment, and source replacement, that will provide additional 
assurance for enhanced detection and assessment of and response to 
unauthorized individuals or activities involving the radioactive 
material. Such security measures shall include, but not be limited to:
    i. Advanced notification to the local law enforcement agency (LLEA) 
for radioactive source exchanges, deliveries, and shipments.
    ii. For shipments of sources, establish a positive means of 
transferring the security responsibility, between the shipper/carrier 
and the consignee (receiver), for communicating with the LLEA.
    C. Provide a positive measure to validate that there has been no 
unauthorized removal of the radioactive material from the security 
zone.
    D. Maintain continuous communications capability among the various 
components for intrusion detection and assessment to bring about a 
timely response.
    E. [This paragraph contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.]
    4. [This paragraph contains SAFEGUARDS INFORMATION and will not be 
publicly disclosed.]

Attachment 3: Requirements for Fingerprinting and Criminal History 
Checks of Individuals When Licensee's Reviewing Official Is Determining 
Access to Safeguards Information or Unescorted Access to the Panoramic 
or Underwater Irradiator Sealed Sources

General Requirements

    Licensees shall comply with the following requirements of this 
attachment.
    1. Each Licensee subject to the provisions of this attachment shall 
fingerprint each individual who is seeking or permitted access to 
safeguards information (SGI) or unescorted access to the panoramic or 
underwater irradiator sealed sources. The Licensee shall review and use 
the information received from the Federal Bureau of Investigation (FBI) 
and ensure that the provisions contained in this Order and this 
attachment are satisfied.
    2. The Licensee shall notify each affected individual that the 
fingerprints will be used to secure a review of his/her criminal 
history record and inform the individual of the procedures for revising 
the record or including an explanation in the record, as specified in 
the ``Right to Correct and Complete Information'' section of this 
attachment.
    3. Fingerprints for access to SGI or unescorted access need not be 
taken if an employed individual (e.g., a Licensee employee, contractor, 
manufacturer, or supplier) is relieved from the fingerprinting 
requirement by 10 CFR 73.59 for access to SGI or 10 CFR 73.61 for 
unescorted access, has a favorably-decided U.S. Government criminal 
history check (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 27 CFR part 555, Hazardous 
Material security threat assessments for hazardous material endorsement 
to commercial drivers license in accordance with 49 CFR part 1572, 
Customs and Border Protection's Free and Secure Trace Program \1\ 
within the last five (5) years, or has an active Federal security 
clearance. Written confirmation from the agency/employer which granted 
the Federal security clearance or reviewed the criminal history check 
must be provided for either of the latter two cases. The Licensee must 
retain this documentation for a period of three (3) years from the date 
the individual no longer requires access to SGI or unescorted access to 
radioactive materials associated with the Licensee's activities.
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    \1\ The FAST program is a cooperative effort between the Bureau 
of Customs and Border Protection 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.
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    4. All fingerprints obtained by the Licensee pursuant to this Order 
must be submitted to the Commission for transmission to the FBI.
    5. The Licensee shall review the information received from the FBI 
and consider it, in conjunction with the trustworthy and reliability 
requirements of this Order, in making a determination whether to grant, 
or continue to allow, access to SGI or unescorted access to the 
panoramic or underwater irradiator sealed sources.
    6. The Licensee shall use any information obtained as part of a 
criminal history records check solely for the purpose of determining an 
individual's suitability for access to SGI or unescorted access to the 
panoramic or underwater irradiator sealed sources.
    7. The Licensee shall document the basis for its determination 
whether to grant, or continue to allow, access to SGI or unescorted 
access to the panoramic or underwater irradiator sealed sources.

Prohibitions

    A Licensee shall not base a final determination to deny an 
individual access to radioactive materials solely on the basis of 
information received from the FBI involving: An arrest more than one 
(1) year old for which there is no information of the disposition of 
the case, or an arrest that resulted in dismissal of the charge or an 
acquittal.
    A Licensee shall not use information received from a criminal 
history check obtained pursuant to this Order in a manner that would 
infringe upon the rights of any individual under the First Amendment to 
the Constitution of the United States, nor shall the Licensee use the 
information in any way which would discriminate among individuals on 
the basis of race, religion, national origin, sex, or age.

Procedures for Processing Fingerprint Checks

    For the purpose of complying with this Order, Licensees shall, 
using an appropriate method listed in 10 CFR 73.4, submit to the NRC's 
Division of Facilities and Security, Mail Stop T-03B46M, one completed, 
legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where 
practicable, other fingerprint records for each individual seeking 
access to SGI or unescorted access to the panoramic or underwater 
irradiator sealed sources, to the Director of the Division of 
Facilities and Security, marked for the attention of the Division's 
Criminal History Check Section. Copies of these forms may be obtained 
by writing the Office of Information Services, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, by calling 301-415-7232, or by 
email to [email protected]. Practicable alternative formats are set forth 
in 10 CFR 73.4. The Licensee shall establish procedures to ensure that 
the quality of the fingerprints taken results in minimizing the 
rejection rate of fingerprint cards due to illegible or incomplete 
cards.
    The NRC will review submitted fingerprint cards for completeness. 
Any Form FD-258 fingerprint record containing omissions or evident 
errors will be returned to the Licensee for

[[Page 6941]]

corrections. The fee for processing fingerprint checks includes one re-
submission if the initial submission is returned by the FBI because the 
fingerprint impressions cannot be classified. The one free re-
submission must have the FBI Transaction Control Number reflected on 
the re-submission. If additional submissions are necessary, they will 
be treated as initial submittals and will require a second payment of 
the processing fee.
    Fees for processing fingerprint checks are due upon application 
(Note: other fees may apply to obtain fingerprints from your local law 
enforcement agency). 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, Licensee requests must be sent to [email protected]. The request 
must include the Licensee's name, address, point of contact, email 
address, and phone number. The NRC will forward each request to Pay.gov 
and someone from Pay.gov will contact the Licensee with all of the 
necessary account information.
    Licensees shall make payments for processing before submitting 
applications to the NRC. Combined payment for multiple applications is 
acceptable. Licensees shall include the Pay.gov payment receipt(s) 
along with the application(s). For additional guidance on making 
electronic payments, contact the Facilities Security Branch, Division 
of Facilities and Security, at 301-415-7513. 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 submissions. The Commission will directly notify Licensees 
subject to this regulation of any fee changes.
    The Commission will forward to the submitting Licensee all data 
received from the FBI as a result of the Licensee's application(s) for 
criminal history checks, including the FBI fingerprint record.

Right To Correct and Complete Information

    Prior to any final adverse determination, the Licensee shall make 
available to the individual the contents of any criminal records 
obtained from the FBI for the purpose of assuring correct and complete 
information. Written confirmation by the individual of receipt of this 
notification must be maintained by the Licensee for a period of one (1) 
year from the date of the notification. If, after reviewing the record, 
an individual believes that it is incorrect or incomplete in any 
respect and wishes to change, correct, or update the alleged 
deficiency, or to explain any matter in the record, the individual may 
initiate challenge procedures. These procedures include either direct 
application by the individual challenging the record to the agency 
(i.e., law enforcement agency) that contributed the questioned 
information, or direct challenge as to the accuracy or completeness of 
any entry on the criminal history record to the Assistant Director, 
Federal Bureau of Investigation Identification Division, Washington, DC 
20537-9700 (as set forth in 28 CFR 16.30 through 16.34). In the latter 
case, the FBI forwards the challenge to the agency that submitted the 
data and requests that agency to verify or correct the challenged 
entry. Upon receipt of an official communication directly from the 
agency that contributed the original information, the FBI 
Identification Division makes any changes necessary in accordance with 
the information supplied by that agency. The Licensee must provide at 
least ten (10) days for an individual to initiate an action challenging 
the results of an FBI criminal history records check after the record 
is made available for his/her review. The Licensee may make a final 
determination on access to SGI or unescorted access to the panoramic or 
underwater irradiator sealed sources based upon the criminal history 
record only upon receipt of the FBI's ultimate confirmation or 
correction of the record. Upon a final adverse determination on access 
to SGI or unescorted access to the panoramic or underwater irradiator 
sealed sources, the Licensee shall provide the individual its 
documented basis for denial. Access to SGI or unescorted access to the 
panoramic or underwater irradiator sealed sources shall not be granted 
to an individual during the review process.

Protection of Information

    1. Each Licensee who obtains a criminal history record on an 
individual pursuant to this Order shall establish and maintain a system 
of files and procedures for protecting the record and the personal 
information from unauthorized disclosure.
    2. The Licensee may not disclose the record or personal information 
collected and maintained to persons other than the subject individual, 
his/her representative, or to those who have a need to access the 
information in performing assigned duties in the process of determining 
access to SGI or unescorted access to the panoramic or underwater 
irradiator sealed sources. No individual authorized to have access to 
the information may re-disseminate the information to any other 
individual who does not have a need-to-know.
    3. The personal information obtained on an individual from a 
criminal history record check may be transferred to another Licensee if 
the Licensee holding the criminal history record receives the 
individual's written request to re-disseminate the information 
contained in his/her file, and the gaining Licensee verifies 
information such as the individual's name, date of birth, social 
security number, sex, and other applicable physical characteristics for 
identification purposes.
    4. The Licensee shall make criminal history records, obtained under 
this section, available for examination by an authorized representative 
of the NRC to determine compliance with the regulations and laws.
    5. The Licensee shall retain all fingerprint and criminal history 
records received from the FBI, or a copy if the individual's file has 
been transferred, for three (3) years after termination of employment 
or denial to access SGI or unescorted access to the panoramic or 
underwater irradiator sealed sources. After the required three (3) year 
period, these documents shall be destroyed by a method that will 
prevent reconstruction of the information in whole or in part.

[FR Doc. 2014-02479 Filed 2-4-14; 8:45 am]
BILLING CODE 7590-01-P