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Federal Register / Vol. 72, No.

231 / Monday, December 3, 2007 / Notices 67977

a.m. and 3:45 p.m., (ET), at least 10 days identification and criminal history not a Licensee, Applicant, or Certificate
before the meeting to ensure the records check of any person who is to Holder of the Commission or Agreement
availability of this service. Individuals be permitted to have access to States.
or organizations requesting this service Safeguards Information (SGI).2 The
II
will be responsible for telephone line NRC’s implementation of this
charges and for providing the requirement cannot await the The Commission has broad statutory
equipment and facilities that they use to completion of the SGI rulemaking, authority to protect and prohibit the
establish the video teleconferencing which is underway, because the EPAct unauthorized disclosure of SGI. Section
link. The availability of video fingerprinting and criminal history 147 of the AEA grants the Commission
teleconferencing services is not records check requirements for access to explicit authority to issue such Orders
guaranteed. SGI were immediately effective upon as necessary to prohibit the
During the days of the meeting, phone enactment of the EPAct. Although the unauthorized disclosure of SGI.
number 301–415–7360 should be used EPAct permits the Commission by rule Furthermore, Section 652 of the EPAct
in order to access anyone in the to except certain categories of amended Section 149 of the AEA to
ACNW&M Office. individuals from the fingerprinting require fingerprinting and an FBI
ACNW&M meeting agenda, meeting requirement, which the Commission has identification and a criminal history
transcripts, and letter reports are done (see 10 CFR 73.59, 71 FR 33,989 records check of each individual who
available through the NRC Public (June 13, 2006)), it is unlikely that seeks access to SGI. In addition, no
Document Room at pdr@nrc.gov, or by licensee employees or others are person may have access to SGI unless
calling the PDR at 1–800–397–4209, or excepted from the fingerprinting the person has an established need-to-
from the Publicly Available Records requirement by the ‘‘fingerprinting know the information and satisfies the
System (PARS) component of NRC’s relief’’ rule. Individuals relieved from trustworthy and reliability requirements
document system (ADAMS) which is fingerprinting and criminal history described in Attachment 3 to Order EA–
accessible from the NRC Web site at records checks under the relief rule 07–251.
http://www.nrc.gov/reading-rm/ include Federal, State, and local In order to provide assurance that the
adams.html or http://www.nrc.gov/ officials and law enforcement Licensees identified in Attachment 1 to
reading-rm/doc-collections/acnw personnel; Agreement State inspectors this Order are implementing appropriate
(ACNW&M schedules and agendas). who conduct security inspections on measures to comply with the
behalf of the NRC; members of Congress fingerprinting and criminal history
Dated: November 27, 2007. records check requirements for access to
and certain employees of members of
Andrew L. Bates, SGI, all Licensees identified in
Congress or Congressional Committees,
Advisory Committee Management Officer. and representatives of the International Attachment 1 to this Order shall
[FR Doc. E7–23331 Filed 11–30–07; 8:45 am] Atomic Energy Agency (IAEA) or certain implement the requirements of this
BILLING CODE 7590–01–P foreign government organizations. In Order. In addition, pursuant to 10 CFR
addition, individuals who have a 2.202, I find that in light of the common
favorably-decided U.S. Government defense and security matters identified
NUCLEAR REGULATORY criminal history records check within above, which warrant the issuance of
COMMISSION the last five (5) years, or individuals this Order, the public health, safety and
[EA–07–252] who have active federal security interest require that this Order be
clearances (provided in either case that effective immediately.
In the Matter of All Licensees Identified they make available the appropriate III
in Attachment 1 and All Other Persons documentation), have satisfied the
Who Seek or Obtain Access to EPAct fingerprinting requirement and Accordingly, pursuant to Sections 81,
Safeguards Information Described need not be fingerprinted again. 147, 149, 161b, 161i, 161o, 182 and 186
Herein; Order Imposing Fingerprinting Therefore, in accordance with Section of the Atomic Energy Act of 1954, as
and Criminal History Records Check 149 of the AEA, as amended by the amended, and the Commission’s
Requirements for Access to EPAct, the Commission is imposing regulations in 10 CFR 2.202, 10 CFR
Safeguards Information (Effective additional requirements for access to parts 30 and 73, it is hereby ordered,
Immediately) SGI, as set forth by this Order, so that effective immediately, that all licensees
affected licensees can obtain and grant identified in attachment 1 to this order
I access to SGI. This Order also imposes and all other persons who seek or obtain
The Licensee identified in requirements for access to SGI by any access to safeguards information, as
Attachment 1 1 to this Order, holds a person, from any person,3 whether or described above, shall comply with the
license issued in accordance with the requirements set forth in this order.
Atomic Energy Act (AEA) of 1954, as 2 Safeguards Information is a form of sensitive, A. 1. No person may have access to
amended, by the U.S. Nuclear unclassified, security-related information that the SGI unless that person has a need-to-
Regulatory Commission (NRC or Commission has the authority to designate and know the SGI, has been fingerprinted or
protect under section 147 of the AEA. who has a favorably-decided FBI
Commission), authorizing them to 3 Person means (1) any individual, corporation,
engage in an activity subject to partnership, firm, association, trust, estate, public
identification and criminal history
regulation by the Commission or or private institution, group, government agency records check, and satisfies all other
Agreement States. On August 8, 2005, other than the Commission or the Department of applicable requirements for access to
Energy, except that the Department of Energy shall SGI. Fingerprinting and the FBI
the Energy Policy Act of 2005 (EPAct) be considered a person with respect to those
was enacted. Section 652 of the EPAct facilities of the Department of Energy specified in
identification and criminal history
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amended Section 149 of the AEA to section 202 of the Energy Reorganization Act of records check are not required,
require fingerprinting and a Federal 1974 (88 Stat. 1244), any State or any political however, for any person who is relieved
subdivision of, or any political entity within a State, from that requirement by 10 CFR 73.59
Bureau of Investigation (FBI) any foreign government or nation or any political
subdivision of any such government or nation, or
(71 FR 33,989 (June 13, 2006)), or who
1 Attachment 1 contains sensitive information other entity; and (2) any legal successor, has a favorably-decided U.S.
and will not be released to the public. representative, agent, or agency of the foregoing. Government criminal history records

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67978 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices

check within the last five (5) years, or Licensee responses to C.1., C.2., and Office of the Secretary by e-mail at
who has an active federal security C.3. above shall be submitted to the HEARINGDOCKET@NRC.GOV, or by
clearance, provided in the latter two Director, Office of Federal and State calling (301) 415–1677, to request (1) a
cases that the appropriate Materials and Environmental digital ID certificate, which allows the
documentation is made available to the Management Programs, U.S. Nuclear participant (or its counsel or
Licensee’s NRC-approved reviewing Regulatory Commission, Washington, representative) to digitally sign
official described in paragraph III.C.2 of DC 20555. In addition, Licensee documents and access the E-Submittal
this Order. responses shall be marked as ‘‘Security- server for any NRC proceeding in which
2. No person may have access to any Related Information—Withhold Under it is participating; and/or (2) creation of
SGI if the NRC has determined, based 10 CFR 2.390.’’ an electronic docket for the proceeding
on fingerprinting and an FBI The Director, Office of Federal and (even in instances when the requestor
identification and criminal history State Materials and Environmental (or its counsel or representative) already
records check, that the person may not Management Programs, may, in writing, holds an NRC-issued digital ID
have access to SGI. relax or rescind any of the above certificate). Each requestor will need to
B. No person may provide SGI to any conditions upon demonstration of good download the Workplace Forms
other person except in accordance with cause by the Licensee. ViewerTM to access the Electronic
Condition III.A. above. Prior to Information Exchange (EIE), a
providing SGI to any person, a copy of IV
component of the E-Filing system. The
this Order shall be provided to that In accordance with 10 CFR 2.202, the Workplace Forms ViewerTM is free and
person. Licensee must, and any other person is available at http://www.nrc.gov/site-
C. All Licensees identified in adversely affected by this Order may, help/e-submittals/install-viewer.html.
Attachment 1 to this Order shall comply submit an answer to this Order within Information about applying for a digital
with the following requirements: twenty (20) days of the date of this ID certificate also is available on NRC’s
1. The Licensee shall, within twenty Order. In addition, the Licensee and any public Web site at http://www.nrc.gov/
(20) days of the date of this Order, other person adversely affected by this site-help/e-submittals/apply-
establish and maintain a fingerprinting Order may request a hearing of this certificates.html.
program that meets the requirements of Order within twenty (20) days of the Once a requestor has obtained a
Attachment 2 to this Order. date of the Order. Where good cause is digital ID certificate, had a docket
2. The Licensee shall, within twenty shown, consideration will be given to created, and downloaded the EIE
(20) days of the date of this Order, extending the time to request a hearing. viewer, it can then submit a request for
submit the fingerprints of one (1) A request for extension of time must be a hearing through EIE. Submissions
individual who (a) the Licensee made, in writing, to the Director, Office should be in Portable Document Format
nominates as the ‘‘reviewing official’’ of Federal and State Materials and (PDF) in accordance with NRC guidance
for determining access to SGI by other Environmental Management Programs, available on the NRC public Web site at
individuals, and (b) has established U.S. Nuclear Regulatory Commission, http://www.nrc.gov/site-help/e-
need-to-know information and has been Washington, DC 20555, and include a submittals.html. A filing is considered
determined to be trustworthy and statement of good cause for the complete at the time the filer submits its
reliable in accordance with the extension. document through EIE. To be timely,
requirements described in Attachment 3 The answer may consent to this electronic filings must be submitted to
to Order EA–07–251. The NRC will Order. If the answer includes a request the EIE system no later than 11:59 p.m.
determine whether this individual (or for a hearing, it shall, under oath or Eastern Time on the due date. Upon
any subsequent reviewing official) may affirmation, specifically set forth the receipt of a transmission, the E-Filing
have access to SGI and, therefore, will matters of fact and law on which the system time-stamps the document and
be permitted to serve as the Licensee’s Licensee relies and the reasons as to sends the submitter an e-mail notice
reviewing official.4 The Licensee may, why the Order should not have been confirming receipt of the document. The
at the same time or later, submit the issued. If a person other than the EIE system also distributes an e-mail
fingerprints of other individuals to Licensee requests a hearing, that person notice that provides access to the
whom the Licensee seeks to grant access shall set forth with particularity the document to the NRC Office of the
to SGI. Fingerprints shall be submitted manner in which his interest is General Counsel and any others who
and reviewed in accordance with the adversely affected by this Order and have advised the Office of the Secretary
procedures described in Attachment 2 shall address the criteria set forth in 10 that they wish to participate in the
of this Order. CFR 2.309(d). proceeding, so that the filer need not
3. The Licensee shall, in writing, A request for a hearing must be filed serve the document on those
within twenty (20) days of the date of in accordance with the NRC E-Filing participants separately. Therefore, any
this Order, notify the Commission, (1) if rule, which became effective on October others who wish to participate in the
it is unable to comply with any of the 15, 2007. The E-Filing Final Rule was proceeding (or their counsel or
requirements described in this Order, issued on August 28, 2007, (72 FR representative) must apply for and
including Attachment 2 to this Order, or 49139). The E-Filing process requires receive a digital ID certificate before a
(2) if compliance with any of the participants to submit and serve hearing request is filed so that they may
requirements is unnecessary in its documents over the Internet or, in some obtain access to the document via the E-
specific circumstances. The notification cases, to mail copies on electronic Filing system.
shall provide the Licensee’s justification optical storage media. Participants may A person filing electronically may
for seeking relief from or variation of not submit paper copies of their filings seek assistance through the ‘‘Contact
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any specific requirement. unless they seek a waiver in accordance Us’’ link located on the NRC Web site
with the procedures described below. at http://www.nrc.gov/site-help/e-
4 The NRC’s determination of this individual’s
To comply with the procedural submittals.html or by calling the NRC
access to SGI in accordance with the process
described in Enclosure 5 to the transmittal letter of
requirements associated with E-Filing, technical help line, which is available
this Order is an administrative determination that at least five (5) days prior to the filing between 8:30 a.m. and 4:15 p.m.,
is outside the scope of this Order. deadline the requestor must contact the Eastern Time, Monday through Friday.

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Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices 67979

The help line number is (800) 397–4209 extension of time in which to request a security clearance or reviewed the
or locally, (301) 415–4737. hearing, the provisions specified in criminal history records check must be
Participants who believe that they Section III above shall be final twenty provided. The Licensee must retain this
have good cause for not submitting (20) days from the date of this Order documentation for a period of three (3)
documents electronically must file a without further order or proceedings. If years from the date the individual no
motion, in accordance with 10 CFR an extension of time for requesting a longer requires access to SGI associated
2.302(g), with their initial paper filing hearing has been approved, the with the Licensee’s activities.
requesting authorization to continue to provisions specified in Section III shall 4. All fingerprints obtained by the
submit documents in paper format. be final when the extension expires if a Licensee pursuant to this Order must be
Such filings must be submitted by (1) hearing request has not been received. submitted to the Commission for
first class mail addressed to the Office An answer or a request for hearing transmission to the FBI.
of the Secretary of the Commission, U.S. shall not stay the immediate 5. The Licensee shall review the
Nuclear Regulatory Commission, effectiveness of this order. information received from the FBI and
Washington, DC 20555–0001, Attention: Dated this 20th day of November 2007. consider it, in conjunction with the
Rulemaking and Adjudications Staff; or trustworthy and reliability requirements
For the Nuclear Regulatory Commission.
(2) courier, express mail, or expedited included in Attachment 3 to this Order,
Charles L. Miller,
delivery service to the Office of the in making a determination whether to
Secretary, Sixteenth Floor, One White Director, Office of Federal and State grant access to SGI to individuals who
Flint North, 11555 Rockville Pike, Materials,and Environmental Management
Programs.
have a need-to-know the SGI.
Rockville, Maryland, 20852, Attention: 6. The Licensee shall use any
Rulemaking and Adjudications Staff. Attachment 1: List of Applicable information obtained as part of a
Participants filing a document in this Materials Licensees Redacted criminal history records check solely for
manner are responsible for serving the Attachment 2: Requirements for the purpose of determining an
document on all other participants. Fingerprinting and Criminal History individual’s suitability for access to SGI.
Filing is considered complete by first- 7. The Licensee shall document the
Records Checks of Individuals When
class mail as of the time of deposit in basis for its determination whether to
Licensee’s Reviewing Official is
the mail, or by courier, express mail, or grant access to SGI.
Determining Access to Safeguards
expedited delivery service upon B. The Licensee shall notify the NRC
Information
depositing the document with the of any desired change in reviewing
provider of the service. Requirements for Fingerprinting and officials. The NRC will determine
Documents submitted in adjudicatory Criminal History Records Checks of whether the individual nominated as
proceedings will appear in NRC’s Individuals When Licensee’s Reviewing the new reviewing official may have
electronic hearing docket which is Official is Determining Access to access to SGI based on a previously-
available to the public at http:// Safeguards Information obtained or new criminal history check
ehd.nrc.gov/EHD_Proceeding/home.asp, and, therefore, will be permitted to
unless excluded pursuant to an order of General Requirements
serve as the Licensee’s reviewing
the Commission, an Atomic Safety and Licensees shall comply with the official.
Licensing Board, or a Presiding Officer. requirements of this attachment.
Participants are requested not to include A. 1. Each Licensee subject to the Prohibitions
personal privacy information, such as provisions of this attachment shall A Licensee shall not base a final
social security numbers, home fingerprint each individual who is determination to deny an individual
addresses, or home phone numbers in seeking or permitted access to access to SGI solely on the basis of
their filings. With respect to copyrighted Safeguards Information (SGI). The information received from the FBI
works, except for limited excerpts that Licensee shall review and use the involving: An arrest more than one (1)
serve the purpose of the adjudicatory information received from the Federal year old for which there is no
filings and would constitute a Fair Use Bureau of Investigation (FBI) and ensure information of the disposition of the
application, Participants are requested that the provisions contained in the case, or an arrest that resulted in
not to include copyrighted materials in subject Order and this attachment are dismissal of the charge or an acquittal.
their works. satisfied. A Licensee shall not use information
If a hearing is requested by the 2. The Licensee shall notify each received from a criminal history check
Licensee or a person whose interest is affected individual that the fingerprints obtained pursuant to this Order in a
adversely affected, the Commission will will be used to secure a review of his/ manner that would infringe upon the
issue an Order designating the time and her criminal history record and inform rights of any individual under the First
place of any hearing. If a hearing is held the individual of the procedures for Amendment to the Constitution of the
the issue to be considered at such revising the record or including an United States, nor shall the Licensee use
hearing shall be whether this Order explanation in the record, as specified the information in any way which
should be sustained. in the ‘‘Right to Correct and Complete would discriminate among individuals
Pursuant to 10 CFR 2.202(c)(2)(i), the Information’’ section of this attachment. on the basis of race, religion, national
Licensee may, in addition to requesting 3. Fingerprints need not be taken if an origin, sex, or age.
a hearing, at the time the answer is filed employed individual (e.g., a Licensee
or sooner, move the presiding officer to employee, contractor, manufacturer, or Procedures for Processing Fingerprint
set aside the immediate effectiveness of supplier) is relieved from the Checks
the Order on the ground that the Order, fingerprinting requirement by 10 CFR For the purpose of complying with
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including the need for immediate 73.59, has a favorably-decided U.S. this Order, Licensees shall, using an
effectiveness, is not based on adequate Government criminal history records appropriate method listed in 10 CFR
evidence but on mere suspicion, check within the last five (5) years, or Part 73.4, submit to the NRC’s Division
unfounded allegations, or error. has an active federal security clearance. of Facilities and Security, Mail Stop
In the absence of any request for Written confirmation from the Agency/ T6E46, one completed, legible standard
hearing, or written approval of an employer which granted the federal fingerprint card (Form FD–258,

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67980 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Notices

ORIMDNRCOOOZ) or, where Right To Correct and Complete and maintained to persons other than
practicable, other fingerprint records for Information the subject individual, his/her
each individual seeking access to Prior to any final adverse representative, or to those who have a
Safeguards Information, to the Director determination, the Licensee shall make need to access the information in
of the Division of Facilities and available to the individual the contents performing assigned duties in the
Security, marked for the attention of the of any criminal records obtained from process of determining access to
Division’s Criminal History Check the FBI for the purpose of assuring Safeguards Information. No individual
Section. Copies of these forms may be correct and complete information. authorized to have access to the
obtained by writing the Office of Written confirmation by the individual information may re-disseminate the
Information Services, U.S. Nuclear of receipt of this notification must be information to any other individual who
Regulatory Commission, Washington, maintained by the Licensee for a period does not have a need-to-know.
DC 20555–0001, by calling (301) 415– of one (1) year from the date of the 3. The personal information obtained
5877, or by e-mail to forms@nrc.gov. notification. If, after reviewing the on an individual from a criminal history
Practicable alternative formats are set record, an individual believes that it is record check may be transferred to
forth in 10 CFR part 73.4. The Licensee incorrect or incomplete in any respect another Licensee if the Licensee holding
shall establish procedures to ensure that and wishes to change, correct, or update the criminal history record check
the quality of the fingerprints taken the alleged deficiency, or to explain any receives the individual’s written request
results in minimizing the rejection rate matter in the record, the individual may to re-disseminate the information
of fingerprint cards due to illegible or initiate challenge procedures. These contained in his/her file, and the
incomplete cards. procedures include either direct gaining Licensee verifies information
The NRC will review submitted application by the individual such as the individual’s name, date of
fingerprint cards for completeness. Any challenging the record to the agency birth, Social Security number, sex, and
Form FD–258 fingerprint record (i.e., law enforcement agency) that other applicable physical characteristics
containing omissions or evident errors contributed the questioned information, for identification purposes.
will be returned to the Licensee for or direct challenge as to the accuracy or 4. The Licensee shall make criminal
corrections. The fee for processing completeness of any entry on the history records, obtained under this
fingerprint checks includes one re- criminal history record to the Assistant section, available for examination by an
submission if the initial submission is Director, Federal Bureau of Investigation authorized representative of the NRC to
returned by the FBI because the Identification Division, Washington, DC determine compliance with the
fingerprint impressions cannot be 20537–9700 (as set forth in 28 CFR Part regulations and laws.
classified. The one free re-submission 5. The Licensee shall retain all
16.30 through 16.34). In the latter case,
must have the FBI Transaction Control fingerprint and criminal history records
the FBI forwards the challenge to the
Number reflected on the re-submission. received from the FBI, or a copy if the
agency that submitted the data and
If additional submissions are necessary, individual’s file has been transferred,
requests that agency to verify or correct
they will be treated as initial submittals for three (3) years after termination of
the challenged entry. Upon receipt of an
and will require a second payment of employment or determination of access
official communication directly from
the processing fee. to SGI (whether access was approved or
the agency that contributed the original
Fees for processing fingerprint checks denied). After the required three (3) year
information, the FBI Identification
are due upon application. Licensees period, these documents shall be
Division makes any changes necessary
shall submit payment with the destroyed by a method that will prevent
in accordance with the information
application for processing fingerprints reconstruction of the information in
supplied by that agency. The Licensee
by corporate check, certified check, whole or in part.
must provide at least ten (10) days for
cashier’s check, money order, or an individual to initiate an action [FR Doc. E7–23364 Filed 11–30–07; 8:45 am]
electronic payment, made payable to challenging the results of an FBI BILLING CODE 7590–01–P
‘‘U.S. NRC.’’ [For guidance on making criminal history records check after the
electronic payments, contact the record is made available for his/her
Facilities Security Branch, Division of review. The Licensee may make a final NUCLEAR REGULATORY
Facilities and Security, at (301) 415– SGI access determination based upon COMMISSION
7404]. Combined payment for multiple the criminal history record only upon [EA–07–251]
applications is acceptable. The receipt of the FBI’s ultimate
application fee (currently $27) is the confirmation or correction of the record. In the Matter of All Licensees Identified
sum of the user fee charged by the FBI Upon a final adverse determination on in Attachment 1 and All Other Persons
for each fingerprint card or other access to SGI, the Licensee shall provide Who Obtain Safeguards Information
fingerprint record submitted by the NRC the individual its documented basis for Described Herein; Order Imposing
on behalf of a Licensee, and an NRC denial. Access to SGI shall not be Requirements for the Protection of
processing fee, which covers granted to an individual during the Certain Safeguards Information
administrative costs associated with review process. (Effective Immediately)
NRC handling of Licensee fingerprint
submissions. The Commission will Protection of Information I
directly notify Licensees who are 1. Each Licensee who obtains a The Licensee, identified in
subject to this regulation of any fee criminal history record on an individual Attachment 11 to this Order, holds a
changes. pursuant to this Order shall establish license issued in accordance with the
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The Commission will forward to the and maintain a system of files and Atomic Energy Act of 1954, as amended,
submitting Licensee all data received procedures for protecting the record and (AEA) by the U.S. Nuclear Regulatory
from the FBI as a result of the Licensee’s the personal information from Commission (NRC or Commission),
application(s) for criminal history unauthorized disclosure.
records checks, including the FBI 2. The Licensee may not disclose the 1 Attachment 1 contains sensitive information

fingerprint record. record or personal information collected and will not be released to the public.

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