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Federal Register / Vol. 71, No.

169 / Thursday, August 31, 2006 / Notices 51861

specified in 10 CFR 20.1402. Because Inc., dated May 1, 2006 [ADAMS licenses issued in accordance with the
the proposed action will not Accession No. ML061280123]; Atomic Energy Act (AEA) of 1954, as
significantly impact the quality of the 3. Request for Additional Information amended, by the U.S. Nuclear
human environment, the NRC staff (RAI) issued May 18, 2006, by the U.S. Regulatory Commission (NRC or
concludes that the proposed action is NRC [ADAMS Accession No. Commission) or Agreement States,
the preferred alternative. ML061390010]; authorizing them to engage in an
4. SFBC Taylor Technology, Inc.’’s activity subject to regulation by the
Agencies and Persons Consulted response dated May 26, 2006, to U.S. Commission or Agreement States. On
NRC provided a draft of this NRC’s RAI [ML061510154]; August 8, 2005, the Energy Policy Act
Environmental Assessment to the State 5. NUREG–1757, ‘‘Consolidated of 2005 (EPAct) was enacted. Section
of New Jersey’s Department of NMSS Decommissioning Guidance’’; 652 of the EPAct amended Section 149
Environmental Protection for review on 6. Title 10 Code of Federal of the AEA to require fingerprinting and
June 13, 2006. On June 29, 2006, the Regulations, Part 20, Subpart E, a Federal Bureau of Investigation (FBI)
State of New Jersey’s Department of ‘‘Radiological Criteria for License identification and criminal history
Environmental Protection responded by Termination’’; records check of any person who is to
letter. The State agreed with the 7. Title 10, Code of Federal be permitted to have access to
conclusions of the EA, and otherwise Regulations, Part 51, ‘‘Environmental Safeguards Information (SGI) 2. The
had no comments. Protection Regulations for Domestic NRC’s implementation of this
The NRC staff has determined that the Licensing and Related Regulatory requirement cannot await the
proposed action is of a procedural Functions’’; completion of the SGI rulemaking,
nature, and will not affect listed species 8. NUREG–1496, ‘‘Generic which is underway, because the EPAct
or critical habitat. Therefore, no further Environmental Impact Statement in fingerprinting and criminal history
consultation is required under Section 7 Support of Rulemaking on Radiological check requirements for access to SGI
of the Endangered Species Act. The Criteria for License Termination of NRC- were immediately effective upon
NRC staff has also determined that the Licensed Nuclear Facilities.’’ enactment of the EPAct. Although the
proposed action is not the type of If you do not have access to ADAMS, EPAct permits the Commission by rule
activity that has the potential to cause or if there are problems in accessing the to except certain categories of
effects on historic properties. Therefore, documents located in ADAMS, contact individuals from the fingerprinting
no further consultation is required the NRC Public Document Room (PDR) requirement, which the Commission has
under Section 106 of the National Reference staff at 1–800–397–4209, 301– done (see 10 CFR 73.59, 71 FR 33989
Historic Preservation Act. 415–4737, or by e-mail to pdr@nrc.gov. (June 13, 2006)), it is unlikely that
III. Finding of No Significant Impact These documents may also be viewed licensee employees are excepted from
electronically on the public computers the fingerprinting requirement by the
The NRC staff has prepared this EA in located at the NRC’s PDR, O 1 F21, One ‘‘fingerprinting relief’’ rule. Individuals
support of the proposed action. On the White Flint North, 11555 Rockville relieved from fingerprinting and
basis of this EA, the NRC finds that Pike, Rockville, MD 20852. The PDR criminal history checks under the relief
there are no significant environmental reproduction contractor will copy rule include Federal, State, and local
impacts from the proposed action, and documents for a fee. officials and law enforcement
that preparation of an environmental personnel; Agreement State inspectors
Dated at Region I, 475 Allendale Road,
impact statement is not warranted. who conduct security inspections on
King of Prussia this 23rd day of August 2006.
Accordingly, the NRC has determined behalf of the NRC; members of Congress
For the Nuclear Regulatory Commission.
that a Finding of No Significant Impact and certain employees of members of
is appropriate. James P. Dwyer,
Congress or Congressional Committees,
Chief, Commercial and R&D Branch, Division
IV. Further Information of Nuclear Materials Safety, Region I. and representatives of the International
Atomic Energy Agency (IAEA) or certain
Documents related to this action, [FR Doc. 06–7285 Filed 8–30–06; 8:45 am]
foreign government organizations. In
including the application for license BILLING CODE 7590–01–P
addition, individuals who have a
amendment and supporting
favorably-decided U.S. Government
documentation, are available
NUCLEAR REGULATORY criminal history check within the last
electronically at the NRC’s Electronic
COMMISSION five (5) years, and individuals who have
Reading Room at http://www.nrc.gov/
active federal security clearances
reading-rm/adams.html. From this site, [EA–06–155] (provided in either case that they make
you can access the NRC’s Agencywide
available the appropriate
Document Access and Management In the Matter of: All Licensees documentation), have satisfied the
System (ADAMS), which provides text Identified in Attachment 1 and All EPAct fingerprinting requirement and
and image files of NRC’s public Other Persons Who Seek or Obtain need not be fingerprinted again.
documents. The documents related to Access to Safeguards Information Therefore, in accordance with Section
this action are listed below, along with Described Herein; Order Imposing 149 of the AEA, as amended by the
their ADAMS accession numbers. Fingerprinting and Criminal History
1. NRC License No. 29–30390–01 EPAct, the Commission is imposing
Check Requirements for Access to additional requirements for access to
inspection and licensing records Safeguards Information (Effective
[ADAMS Accession Nos. ML031130227, SGI, as set forth by this Order, so that
Immediately) affected licensees can obtain and grant
ML031250277, ML042980018,
ML060890371, ML060960381, I access to SGI. This Order also imposes
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ML060960391, and ML060960509]; requirements for access to SGI by any


The Licensees identified in
2. Request for unrestricted release of Attachment 11 to this Order hold 2 Safeguards Information is a form of sensitive,
the facility at 107 College Road East, unclassified, security-related information that the
Princeton, New Jersey with survey 1 Attachment 1 contains sensitive information Commission has the authority to designate and
results for SFBC Taylor Technologies, and will not be released to the public. protect under section 147 of the AEA.

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51862 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices

person 3, from any person, whether or requirements of this Order. In addition, need access to Safeguards Information,
not a Licensee, Applicant, or Certificate pursuant to 10 CFR 2.202, I find that in and who the Licensee nominates as the
Holder of the Commission or Agreement light of the common defense and ‘‘reviewing official’’ for determining
States. security matters identified above, which access to SGI by other individuals. The
Subsequent to the terrorist events of warrant the issuance of this Order, the NRC will determine whether this
September 11, 2001, the NRC issued public health, safety and interest require individual (or any subsequent reviewing
Orders requiring certain entities to that this Order be effective immediately. official) may have access to SGI and,
implement Additional Security III therefore, will be permitted to serve as
Measures (ASM) or Compensatory the Licensee’s reviewing official.4 The
Measures (CM) for certain radioactive Accordingly, pursuant to Sections 81, Licensee may, at the same time or later,
materials. The requirements imposed by 147, 149, 161b, 161i, 161o, 182 and 186 submit the fingerprints of other
these Orders, and certain measures of the Atomic Energy Act of 1954, as individuals to whom the Licensee seeks
licensees have developed to comply amended, and the Commission’s to grant access to SGI. Fingerprints shall
with the Orders, were designated by the regulations in 10 CFR 2.202, 10 CFR be submitted and reviewed in
NRC as SGI. For some materials parts 30 and 73, it is hereby ordered, accordance with the procedures
licensees, the storage and handling effective immediately, that all licensees described in Attachment 2 of this Order.
requirements for the SGI have been identified in attachment 1 to this order
and all other persons who seek or obtain 3. The Licensee may allow any
modified from the existing 10 CFR part individual who currently has access to
73 SGI requirements for reactors and access to safeguards information, as
described above, shall comply with the SGI in accordance with the previously-
fuel cycle facilities that require a higher issued NRC Orders to continue to have
level of protection; such SGI is requirements set forth in this order.
A. 1. No person may have access to access to previously-designated SGI
designated as Safeguards Information— without being fingerprinted, pending a
Modified Handling (SGI–M). However, Safeguards Information unless that
person has a need-to-know the SGI, has decision by the NRC-approved
the information subject to the SGI–M reviewing official (based on
handling and protection requirements is been fingerprinted or who has a
favorably-decided FBI identification and fingerprinting, an FBI criminal history
SGI, and licensees and other persons records check and a trustworthy and
who seek or obtain access to such SGI criminal history records check, and
satisfies all other applicable reliability determination) that the
are subject to this Order. individual may continue to have access
requirements for access to SGI.
II Fingerprinting and the FBI to SGI. The Licensee shall make
identification and criminal history determinations on continued access to
The Commission has broad statutory SGI by November 20, 2006, in part on
authority to protect and prohibit the records check are not required,
however, for any person who is relieved the results of the fingerprinting and
unauthorized disclosure of SGI. Section criminal history check, for those
147 of the AEA grants the Commission from that requirement by 10 CFR 73.59
(71 FR 33989 (June 13, 2006)), or who individuals that were previously
explicit authority to issue such Orders granted access to SGI before the
as necessary to prohibit the has a favorably-decided U.S.
Government criminal history check issuance of this Order.
unauthorized disclosure of SGI.
Furthermore, Section 652 of the EPAct within the last five (5) years, or who has 4. The Licensee shall, in writing,
amended Section 149 of the AEA to an active federal security clearance, within twenty (20) days of the date of
require fingerprinting and an FBI provided in either case that the this Order, notify the Commission, (1) if
identification and a criminal history appropriate documentation is made it is unable to comply with any of the
records check of each individual who available to the Licensee’s NRC- requirements described in the Order,
seeks access to SGI. In addition, as approved reviewing official. including Attachment 2, or (2) if
required by existing Orders, which 2. No person may have access to any compliance with any of the
remain in effect, no person may have Safeguards Information if the NRC has requirements is unnecessary in its
access to SGI unless the person has an determined, based on fingerprinting and specific circumstances. The notification
established need-to-know and satisfies an FBI identification and criminal shall provide the Licensee’s justification
the trustworthy and reliability history records check, that the person for seeking relief from or variation of
requirements of those Orders. may not have access to SGI. any specific requirement.
B. No person may provide SGI to any Licensee responses to C.1., C.2., C.3.,
In order to provide assurance that the
other person except in accordance with and C.4. above shall be submitted to the
Licensees identified in Attachment 1 are
Condition III.A. above. Prior to Director, Office of Nuclear Material
implementing appropriate measures to
providing SGI to any person, a copy of Safety and Safeguards, U.S. Nuclear
comply with the fingerprinting and
this Order shall be provided to that Regulatory Commission, Washington,
criminal history check requirements for
person. DC 20555. In addition, Licensee
access to SGI, all Licensees identified in
C. All Licensees identified in responses shall be marked as ‘‘Security-
Attachment 1 shall implement the
Attachment 1 to this Order shall comply Related Information—Withhold Under
3 Person means (1) any individual, corporation,
with the following requirements: 10 CFR 2.390.’’
partnership, firm, association, trust, estate, public 1. The Licensee shall, within twenty
(20) days of the date of this Order, The Director, Office of Nuclear
or private institution, group, government agency
other than the Commission or the Department of establish and maintain a fingerprinting Material Safety and Safeguards, may in
Energy, except that the Department of Energy shall program that meets the requirements of writing, relax or rescind any of the
be considered a person with respect to those
Attachment 2 to this Order. above conditions upon demonstration of
facilities of the Department of Energy specified in good cause by the Licensee.
2. The Licensee shall, within twenty
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section 202 of the Energy Reorganization Act of


1974 (88 Stat. 1244), any State or any political (20) days of the date of this Order,
subdivision of, or any political entity within a State, submit the fingerprints of one (1) 4 The NRC’s determination of this individual’s

any foreign government or nation or any political access to SGI in accordance with the process
subdivision of any such government or nation, or
individual who currently has access to described in Enclosure 3 to the transmittal letter of
other entity; and (2) any legal successor, SGI in accordance with the previously- this Order is an administrative determination that
representative, agent, or agency of the foregoing. issued NRC Orders, who continues to is outside the scope of this Order.

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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 51863

IV a hearing, at the time the answer is filed active federal security clearance.
In accordance with 10 CFR 2.202, the or sooner, move the presiding officer to Written confirmation from the Agency/
Licensee must, and any other person set aside the immediate effectiveness of employer which granted the federal
adversely affected by this Order may, the Order on the ground that the Order, security clearance or reviewed the
submit an answer to this Order, and including the need for immediate criminal history check must be
may request a hearing on this Order, effectiveness, is not based on adequate provided. The Licensee must retain this
within twenty (20) days of the date of evidence but on mere suspicion, documentation for a period of three (3)
this Order. Where good cause is shown, unfounded allegations, or error. In the years from the date the individual no
consideration will be given to extending absence of any request for hearing, or longer requires access to SGI associated
the time to request a hearing. A request written approval of an extension of time with the Licensee’s activities.
for extension of time in which to submit in which to request a hearing, the 4. All fingerprints obtained by the
an answer or request a hearing must be provisions as specified above in Section Licensee pursuant to this Order must be
made in writing to the Director, Office III shall be final twenty (20) days from submitted to the Commission for
of Nuclear Material Safety and the date of this Order without further transmission to the FBI.
order or proceedings. If an extension of 5. The Licensee shall review the
Safeguards, U.S. Nuclear Regulatory
time for requesting a hearing has been information received from the FBI and
Commission, Washington, DC 20555,
approved, the provisions as specified consider it, in conjunction with the
and include a statement of good cause
above in Section III shall be final when trustworthy and reliability requirements
for the extension. The answer may
the extension expires if a hearing of the previously-issued NRC Orders, in
consent to this Order. Unless the answer
request has not been received. An making a determination whether to
consents to this Order, the answer shall,
answer or a request for hearing shall not grant access to Safeguards Information
in writing and under oath or
stay the immediate effectiveness of this to individuals who have a need-to-know
affirmation, specifically set forth the
order. the SGI.
matters of fact and law on which the 6. The Licensee shall use any
Licensee or other person adversely Dated this 21st day of August 2006.
information obtained as part of a
affected relies and the reasons as to why For the Nuclear Regulatory Commission. criminal history records check solely for
the Order should not have been issued. Jack R. Strosnider, the purpose of determining an
Any answer or request for a hearing Director, Office of Nuclear Material Safety individual’s suitability for access to
shall be submitted to the Secretary, and Safeguards. Safeguards Information.
Office of the Secretary, U.S. Nuclear 7. The Licensee shall document the
Regulatory Commission, Attn: Attachment 1: List of Applicable
Licensees—Redacted basis for its determination whether to
Rulemakings and Adjudications Staff, grant access to SGI.
Washington, DC 20555. Copies also Attachment 2: Requirements for B. The Licensee shall notify the NRC
shall be sent to the Director, Office of Fingerprinting and Criminal History of any desired change in reviewing
Nuclear Material Safety and Safeguards, Checks of Individuals When Licensee’s officials. The NRC will determine
U.S. Nuclear Regulatory Commission, Reviewing Official is Determining whether the individual nominated as
Washington, DC 20555, to the Assistant Access to Safeguards Information the new reviewing official may have
General Counsel for Materials Litigation access to Safeguards Information based
and Enforcement at the same address, General Requirements
on a previously-obtained or new
and to the Licensee if the answer or Licensees shall comply with the criminal history check and, therefore,
hearing request is by a person other than requirements of this attachment. will be permitted to serve as the
the Licensee. Because of possible delays A. 1. Each Licensee subject to the Licensee’s reviewing official.
in delivery of mail to United States provisions of this attachment shall
Government offices, it is requested that fingerprint each individual who is Prohibitions
answers and requests for hearing be seeking or permitted access to A Licensee shall not base a final
transmitted to the Secretary of the Safeguards Information (SGI). The determination to deny an individual
Commission either by means of Licensee shall review and use the access to Safeguards Information solely
facsimile transmission to 301–415–1101 information received from the Federal on the basis of information received
or by e-mail to hearingdocket@nrc.gov Bureau of Investigation (FBI) and ensure from the FBI involving: an arrest more
and also to the Office of the General that the provisions contained in the than one (1) year old for which there is
Counsel either by means of facsimile subject Order and this attachment are no information of the disposition of the
transmission to 301–415–3725 or by e- satisfied. case, or an arrest that resulted in
mail to OGCMailCenter@nrc.gov. If a 2. The Licensee shall notify each dismissal of the charge or an acquittal.
person other than the Licensee requests affected individual that the fingerprints A Licensee shall not use information
a hearing, that person shall set forth will be used to secure a review of his/ received from a criminal history check
with particularity the manner in which her criminal history record and inform obtained pursuant to this Order in a
his/her interest is adversely affected by the individual of the procedures for manner that would infringe upon the
this Order and shall address the criteria revising the record or including an rights of any individual under the First
set forth in 10 CFR 2.309. explanation in the record, as specified Amendment to the Constitution of the
If a hearing is requested by the in the ‘‘Right to Correct and Complete United States, nor shall the Licensee use
Licensee or a person whose interest is Information’’ section of this attachment. the information in any way which
adversely affected, the Commission will 3. Fingerprints need not be taken if an would discriminate among individuals
issue an Order designating the time and employed individual (e.g., a Licensee on the basis of race, religion, national
place of any hearing. If a hearing is held, employee, contractor, manufacturer, or origin, sex, or age.
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the issue to be considered at such supplier) is relieved from the


hearing shall be whether this Order fingerprinting requirement by 10 CFR Procedures for Processing Fingerprint
should be sustained. 73.59, has a favorably-decided U.S. Checks
Pursuant to 10 CFR 2.202(c)(2)(I), the Government criminal history check For the purpose of complying with
Licensee may, in addition to demanding within the last five (5) years, or has an this Order, Licensees shall, using an

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51864 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices

appropriate method listed in 10 CFR from the FBI as a result of the Licensee’s procedures for protecting the record and
73.4, submit to the NRC’s Division of application(s) for criminal history the personal information from
Facilities and Security, Mail Stop T– checks, including the FBI fingerprint unauthorized disclosure.
6E46, one completed, legible standard record. 2. The Licensee may not disclose the
fingerprint card (Form FD–258, record or personal information collected
Right to Correct and Complete
ORIMDNRCOOOZ) or, where and maintained to persons other than
Information
practicable, other fingerprint records for 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. on an individual from a criminal history
Practicable alternative formats are set If, after reviewing the record, an record check may be transferred to
forth in 10 CFR 73.4. The Licensee shall individual believes that it is incorrect or another Licensee if the gaining Licensee
establish procedures to ensure that the incomplete in any respect and wishes to receives the individual’s written request
quality of the fingerprints taken results change, correct, or update the alleged to re-disseminate the information
in minimizing the rejection rate of deficiency, or to explain any matter in
contained in his/her file, and the
fingerprint cards due to illegible or the record, the individual may initiate
gaining Licensee verifies information
incomplete cards. challenge procedures. These procedures
such as the individual’s name, date of
The NRC will review submitted include either direct application by the
birth, social security number, sex, and
fingerprint cards for completeness. Any individual challenging the record to the
other applicable physical characteristics
Form FD–258 fingerprint record agency (i.e., law enforcement agency)
for identification purposes.
containing omissions or evident errors that contributed the questioned
4. The Licensee shall make criminal
will be returned to the Licensee for information, or direct challenge as to the
history records, obtained under this
corrections. The fee for processing accuracy or completeness of any entry
section, available for examination by an
fingerprint checks includes one re- on the criminal history record to the
Assistant Director, Federal Bureau of authorized representative of the NRC to
submission if the initial submission is determine compliance with the
returned by the FBI because the Investigation Identification Division,
Washington, DC 20537–9700 (as set regulations and laws.
fingerprint impressions cannot be 5. The Licensee shall retain all
classified. The one free re-submission forth in 28 CFR 16.30 through 16.34). In
the latter case, the FBI forwards the fingerprint and criminal history records
must have the FBI Transaction Control received from the FBI, or a copy if the
Number reflected on the re-submission. challenge to the agency that submitted
the data and requests that agency to individual’s file has been transferred,
If additional submissions are necessary, for three (3) years after termination of
they will be treated as initial submittals verify or correct the challenged entry.
Upon receipt of an official employment or determination of access
and will require a second payment of
communication directly from the agency to SGI. After the required three (3) year
the processing fee.
Fees for processing fingerprint checks that contributed the original period, these documents shall be
are due upon application. Licensees information, the FBI Identification destroyed by a method that will prevent
shall submit payment with the Division makes any changes necessary reconstruction of the information in
application for processing fingerprints in accordance with the information whole or in part.
by corporate check, certified check, supplied by that agency. The Licensee [FR Doc. 06–7283 Filed 8–30–06; 8:45 am]
cashier’s check, money order, or must provide at least ten (10) days for BILLING CODE 7590–01–P
electronic payment, made payable to an individual to initiate an action
‘‘U.S. NRC.’’ [For guidance on making challenging the results of an FBI
electronic payments, contact the criminal history records check after the OFFICE OF PERSONNEL
Facilities Security Branch, Division of record is made available for his/her MANAGEMENT
Facilities and Security, at (301) 415– review. The Licensee may make a final
7739]. Combined payment for multiple SGI access determination based upon Excepted Service
applications is acceptable. The the criminal history record only upon
application fee (currently $27) is the receipt of the FBI’s ultimate AGENCY: Office of Personnel
sum of the user fee charged by the FBI confirmation or correction of the record. Management (OPM).
for each fingerprint card or other Upon a final adverse determination on ACTION: Notice.
fingerprint record submitted by the NRC access to SGI, the Licensee shall provide
on behalf of a Licensee, and an NRC SUMMARY: This gives notice of OPM
the individual its documented basis for
processing fee, which covers denial. Access to SGI shall not be decisions granting authority to make
administrative costs associated with granted to an individual during the appointments under Schedules A, B,
NRC handling of Licensee fingerprint review process. and C in the excepted service as
submissions. The Commission will required by 5 CFR 6.6 and 213.103.
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directly notify Licensees who are Protection of Information FOR FURTHER INFORMATION CONTACT:
subject to this regulation of any fee 1. Each Licensee who obtains a David Guilford, Center for Leadership
changes. criminal history record on an individual and Executive Resources Policy,
The Commission will forward to the pursuant to this Order shall establish Division for Strategic Human Resources
submitting Licensee all data received and maintain a system of files and Policy, 202–606–1391.

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