20722 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 

1. Applicant Paul Ponganis, 

Center for Marine Biotechnology and Biomedicine, Scripps Institution of 

Oceanography, University of 

California, San Diego, La 

Jolla, CA 92093–0204..

Permit 

Application 

No. 2012– 

001 

Activity for Which Permit Is Requested 

Take and Import into the U.S.A. The 

applicant plans to capture up to 10 

fledgling Emperor chicks for research 

studies at University of California, San 

Diego. The volume of the air sacs and 

lungs are critical to the diving 

physiology of penguins in at least two 

ways. First, the respiratory oxygen store 

is estimated to comprise one-third to 

one-half the total body O2 stores in 

various species. And second, the ratio of 

air sac to lung volume is a potential 

mechanism for prevention of pulmonary 

barotrauma (‘‘lung squeeze’’). Yet the 

volumes of the air sacs and lungs have 

never been directly measured in any 

penguin species. There have only been 

indirect estimates based on simulated 

dives in pressure chambers or on 

buoyancy-swim speed calculations 

during dives at sea. Therefore, in this 

research project, air sac and lung 

volumes in emperor penguins 

(Aptenodytes forsteri), king penguins (A. 

patagonicus), and Ade ́lie penguins 

(Pygoscelis adeliae) will be measured by 

3D reconstructions from computerized 

tomography (CT) and magnetic 

resonance imaging (MRI) scans. The 

study, to be conducted in collaboration 

with the University of California San 

Diego Keck Center for Magnetic 

Resonance Imaging, will utilize captive 

birds. Subjects from the latter two 

species are already available. Most of 

the captive emperor penguins would be 

considered geriatric and at risk for 

anesthesia, therefore emperor penguins 

will be exported as chicks, and then 

raised and maintained for the study. 

The export of 10 chicks will have no 

impact on the Cape Washington colony 

as emperor penguin chick censuses 

between 1983 and 2005 have been as 

high as 24,000 chicks. 

Given (a) the significance of the 

volume of the air sacs and lungs in 

determination of the magnitude and 

distribution of total body O2 stores, (b) 

the lack of verification of indirect 

estimates of diving air volume in 

penguins, (c) the possibility of air 

exhalation during many dives of 

penguins, and d) the limited data used 

to construct allometric equations to 

predict air sac/lung volume on the basis 

of body mass, it is imperative to obtain 

direct measures of air sac and lung 

volumes in emperor penguins, king 

penguins, and Ade ́lie penguins. Such 

direct measurements would provide the 

maximum available respiratory volume 

for O2 store calculations and allow 

better evaluation and interpretation off 

data obtained with indirect techniques 

at sea for the three species. This is 

especially important for emperor 

penguins, as it is the species in which 

the most detailed diving physiology 

studies are available. 

Location 

Cape Washington, Terra Nova Bay, 

Victoria Land. 

Dates 

September 1, 2011 to December 31, 

2012. 

Nadene G. Kennedy, 

Permit Officer, Office of Polar Programs. 

[FR Doc. 2011–8772 Filed 4–12–11; 8:45 am] 

BILLING CODE 7555–01–M 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–72; NRC–2011–0079; EA– 

11–039] 

In the Matter of Indiana Michigan 

Power Company; DC Cook Nuclear 

Plant Independent Spent Fuel 

Installation; Order Modifying License 

(Effective Immediately) 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Order for 

Implementation of Additional Security 

Measures and Fingerprinting for 

Unescorted Access to Indiana Michigan 

Power Company. 

FOR FURTHER INFORMATION CONTACT: L. 

Raynard Wharton, Senior Project 

Manager, Licensing and Inspection 

Directorate, Division of Spent Fuel 

Storage and Transportation, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission 

(NRC), Rockville, MD 20852. Telephone: 

301–492–3316; fax number: 301–492– 

3348; e-mail: 

Raynard.Wharton@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to 10 CFR 2.106, the NRC (or 

the Commission) is providing notice, in 

the matter of DC Cook Nuclear Plant 

Independent Spent Fuel Storage 

Installation (ISFSI) Order Modifying 

License (Effective Immediately). 

II. Further Information 

I 

NRC has issued a general license to 

Indiana Michigan Power Company 

(I&M), authorizing the operation of an 

ISFSI, in accordance with the Atomic 

Energy Act of 1954, as amended, and 

Title 10 of the Code of Federal 

Regulations (10 CFR) part 72. This 

Order is being issued to I&M because it 

has identified near-term plans to store 

spent fuel in an ISFSI under the general 

license provisions of 10 CFR part 72. 

The Commission’s regulations at 10 CFR 

72.212(b)(5), 10 CFR 50.54(p)(1), and 10 

CFR 73.55(c)(5) require licensees to 

maintain safeguards contingency plan 

procedures to respond to threats of 

radiological sabotage and to protect the 

spent fuel against the threat of 

radiological sabotage, in accordance 

with 10 CFR part 73, Appendix C. 

Specific physical security requirements 

are contained in 10 CFR 73.51 or 73.55, 

as applicable. 

Inasmuch as an insider has an 

opportunity equal to, or greater than, 

any other person, to commit radiological 

sabotage, the Commission has 

determined these measures to be 

prudent. Comparable Orders have been 

issued to all licensees that currently 

store spent fuel or have identified nearterm plans to store spent fuel in an 

ISFSI. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and Washington, DC, using 

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 to strengthen licensees’ 

capabilities and readiness to respond to 

a potential attack on a nuclear facility. 

On October 16, 2002, the Commission 

issued Orders to the licensees of 

operating ISFSIs, to place the actions 

taken in response to the Advisories into 

the established regulatory framework 

and to implement additional security 

enhancements that emerged from NRC’s 

ongoing comprehensive review. 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 

conducted a comprehensive review of 

its safeguards and security programs 

and requirements. 

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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 20723 

As a result of its consideration of 

current safeguards and security 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

determined that certain additional 

security measures (ASMs) are required 

to address the current threat 

environment, in a consistent manner 

throughout the nuclear ISFSI 

community. Therefore, the Commission 

is imposing requirements, as set forth in 

Attachments 1 and 2 of this Order, on 

all licensees of these facilities. These 

requirements, which supplement 

existing regulatory requirements, will 

provide the Commission with 

reasonable assurance that the public 

health and safety, the environment, and 

common defense and security continue 

to be adequately protected in the current 

threat environment. These requirements 

will remain in effect until the 

Commission determines otherwise. 

The Commission recognizes that 

licensees may have already initiated 

many of the measures set forth in 

Attachments 1 and 2 to this Order, in 

response to previously issued 

Advisories, or on their own. It also 

recognizes that some measures may not 

be possible or necessary at some sites, 

or may need to be tailored to 

accommodate the specific 

circumstances existing at I&M’s facility, 

to achieve the intended objectives and 

avoid any unforeseen effect on the safe 

storage of spent fuel. 

Although the ASMs implemented by 

licensees in response to the Safeguards 

and Threat Advisories have been 

sufficient to provide reasonable 

assurance of adequate protection of 

public health and safety, in light of the 

continuing threat environment, the 

Commission concludes that these 

actions must be embodied in an Order, 

consistent with the established 

regulatory framework. 

To provide assurance that licensees 

are implementing prudent measures to 

achieve a consistent level of protection 

to address the current threat 

environment, licenses issued pursuant 

to 10 CFR 72.210 shall be modified to 

include the requirements identified in 

Attachments 1 and 2 to this Order. In 

addition, pursuant to 10 CFR 2.202, I 

find that, in light of the common 

defense and security circumstances 

described above, the public health, 

safety, and interest require that this 

Order be effective immediately. 

III 

Accordingly, pursuant to Sections 53, 

103, 104, 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 and 10 CFR Parts 50, 72, and 73, 

it is hereby ordered, effective 

immediately, that your general license is 

modified as follows: 

A. I&M shall comply with the 

requirements described in Attachments 

1 and 2 to this Order, except to the 

extent that a more stringent requirement 

is set forth in the Waterford Steam 

Electric Station’s physical security plan. 

I&M shall demonstrate its ability to 

comply with the requirements in 

Attachments 1 and 2 to the Order no 

later than 365 days from the date of this 

Order or 90 days before the first day that 

spent fuel is initially placed in the 

ISFSI, whichever is earlier. I&M must 

implement these requirements before 

initially placing spent fuel in the ISFSI. 

Additionally, I&M must receive written 

verification from the NRC that it has 

adequately demonstrated compliance 

with these requirements before initially 

placing spent fuel in the ISFSI. 

B. 1. I&M 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 1 and 2; (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 I&M to be in 

violation of the provisions of any 

Commission regulation or the facility 

license. The notification shall provide 

I&M’s justification for seeking relief 

from, or variation of, any specific 

requirement. 

2. If I&M considers that 

implementation of any of the 

requirements described in Attachments 

1 and 2 to this Order would adversely 

impact the safe storage of spent fuel, 

I&M 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 Attachments 1 

and 2 requirements in question, or a 

schedule for modifying the facility, to 

address the adverse safety condition. If 

neither approach is appropriate, I&M 

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 under 

Condition B.1. 

C. 1. I&M shall, within twenty (20) 

days of this Order, submit to the 

Commission, a schedule for achieving 

compliance with each requirement 

described in Attachments 1 and 2. 

2. I&M shall report to the Commission 

when it has achieved full compliance 

with the requirements described in 

Attachments 1 and 2. 

D. All measures implemented or 

actions taken in response to this Order 

shall be maintained until the 

Commission determines otherwise. 

I&M’s response to Conditions B.1, B.2, 

C.1, and C.2, above, shall be submitted 

in accordance with 10 CFR 72.4. In 

addition, submittals and documents 

produced by I&M as a result of this 

order, that contain Safeguards 

Information as defined by 10 CFR 73.22, 

shall be properly marked and handled, 

in accordance with 10 CFR 73.21 and 

73.22. 

The Director, Office of Nuclear 

Material Safety and Safeguards, may, in 

writing, relax or rescind any of the 

above conditions, for good cause. 

IV 

In accordance with 10 CFR 2.202, I&M 

must, and any other person adversely 

affected by this Order may, submit an 

answer to this Order within 20 days of 

its publication in the Federal Register. 

In addition, I&M and any other person 

adversely affected by this Order may 

request a hearing on this Order within 

20 days of its publication in the Federal 

Register. Where good cause is shown, 

consideration will be given to extending 

the time to answer or request a hearing. 

A request for extension of time must be 

made, in writing, to the Director, Office 

of Nuclear Material Safety and 

Safeguards, 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 I&M 

relies and the reasons as to why the 

Order should not have been issued. If a 

person other than I&M requests a 

hearing, that person shall set forth with 

particularity the manner in which his/ 

her interest is adversely affected by this 

Order and shall address the criteria set 

forth in 10 CFR 2.309(d). 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC 

E-Filing rule (72 FR 49139, August 28, 

2007). The 

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20724 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 

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 ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, 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 NRCissued 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 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’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 Web site. 

Further information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/ 

e-submittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.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 e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the 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 e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree 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 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852, Attention: Rulemaking 

and Adjudications Staff. Participants 

filing a document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use 

E-Filing if the presiding officer 

subsequently determines that the reason 

for granting the exemption from use of 

E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in 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 I&M 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), I&M 

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 grounds 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 as specified in 

Section III shall be final twenty (20) 

days from the date this Order is 

published in the Federal Register, 

without further Order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions as specified in Section III, 

shall be final when the extension 

expires, if a hearing request has not 

been received. An answer or a request 

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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 20725 

for hearing shall not stay the immediate 

effectiveness of this order. 

Dated at Rockville, Maryland, this 6th day 

of April 2011. 

For the Nuclear Regulatory Commission. 

Catherine Haney, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

Attachment 1—Additional Security 

Measures (ASMs) for Physical 

Protection of Dry Independent Spent 

Fuel Storage Installations (ISFSIs) 

Contains Safeguards Information and Is 

Not Included in the Federal Register 

Notice 

Attachment 2—Additional Security 

Measures for Access Authorization and 

Fingerprinting at Independent Spent 

Fuel Storage Installations, Dated June 

3, 2010 

A. General Basis Criteria 

1. These additional security measures 

(ASMs) are established to delineate an 

independent spent fuel storage 

installation (ISFSI) licensee’s 

responsibility to enhance security 

measures related to authorization for 

unescorted access to the protected area 

of an ISFSI in response to the current 

threat environment. 

2. Licensees whose ISFSI is collocated 

with a power reactor may choose to 

comply with the U.S. Nuclear 

Regulatory Commission (NRC)-approved 

reactor access authorization program for 

the associated reactor as an alternative 

means to satisfy the provisions of 

sections B through G below. Otherwise, 

licensees shall comply with the access 

authorization and fingerprinting 

requirements of section B through G of 

these ASMs. 

3. Licensees shall clearly distinguish 

in their 20-day response which method 

they intend to use in order to comply 

with these ASMs. 

B. Additional Security Measures for 

Access Authorization Program 

1. The licensee shall develop, 

implement and maintain a program, or 

enhance its existing program, designed 

to ensure that persons granted 

unescorted access to the protected area 

of an ISFSI are trustworthy and reliable 

and do not constitute an unreasonable 

risk to the public health and safety for 

the common defense and security, 

including a potential to commit 

radiological sabotage. 

a. To establish trustworthiness and 

reliability, the licensee shall develop, 

implement, and maintain procedures for 

conducting and completing background 

investigations, prior to granting access. 

The scope of background investigations 

must address at least the past 3 years 

and, as a minimum, must include: 

i. Fingerprinting and a Federal Bureau 

of Investigation (FBI) identification and 

criminal history records check (CHRC). 

Where an applicant for unescorted 

access has been previously fingerprinted 

with a favorably completed CHRC, (such 

as a CHRC pursuant to compliance with 

orders for access to safeguards 

information) the licensee may accept the 

results of that CHRC, and need not 

submit another set of fingerprints, 

provided the CHRC was completed not 

more than 3 years from the date of the 

application for unescorted access. 

ii. Verification of employment with 

each previous employer for the most 

recent year from the date of application. 

iii. Verification of employment with 

an employer of the longest duration 

during any calendar month for the 

remaining next most recent 2 years. 

iv. A full credit history review. 

v. An interview with not less than two 

character references, developed by the 

investigator. 

vi. A review of official identification 

(e.g., driver’s license; passport; 

government identification; state-, 

province-, or country-of-birth issued 

certificate of birth) to allow comparison 

of personal information data provided 

by the applicant. The licensee shall 

maintain a photocopy of the identifying 

document(s) on file, in accordance with 

‘‘Protection of Information,’’ in Section G 

of these ASMs. 

vii. Licensees shall confirm eligibility 

for employment through the regulations 

of the U.S. Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, and shall verify 

and ensure, to the extent possible, the 

accuracy of the provided social security 

number and alien registration number, 

as applicable. 

b. The procedures developed or 

enhanced shall include measures for 

confirming the term, duration, and 

character of military service for the past 

3 years, and/or academic enrollment 

and attendance in lieu of employment, 

for the past 5 years. 

c. Licensees need not conduct an 

independent investigation for 

individuals employed at a facility who 

possess active ‘‘Q’’ or ‘‘L’’ clearances or 

possess another active U.S. 

Government-granted security clearance 

(i.e., Top Secret, Secret, or 

Confidential). 

d. A review of the applicant’s 

criminal history, obtained from local 

criminal justice resources, may be 

included in addition to the FBI CHRC, 

and is encouraged if the results of the 

FBI CHRC, employment check, or credit 

check disclose derogatory information. 

The scope of the applicant’s local 

criminal history check shall cover all 

residences of record for the past 3 years 

from the date of the application for 

unescorted access. 

2. The licensee shall use any 

information obtained as part of a CHRC 

solely for the purpose of determining an 

individual’s suitability for unescorted 

access to the protected area of an ISFSI. 

3. The licensee shall document the 

basis for its determination for granting 

or denying access to the protected area 

of an ISFSI. 

4. The licensee shall develop, 

implement, and maintain procedures for 

updating background investigations for 

persons who are applying for 

reinstatement of unescorted access. 

Licensees need not conduct an 

independent reinvestigation for 

individuals who possess active ‘‘Q’’ or 

‘‘L’’ clearances or possess another active 

U.S. Government granted security 

clearance, i.e., Top Secret, Secret or 

Confidential. 

5. The licensee shall develop, 

implement, and maintain procedures for 

reinvestigations of persons granted 

unescorted access, at intervals not to 

exceed 5 years. Licensees need not 

conduct an independent reinvestigation 

for individuals employed at a facility 

who possess active ‘‘Q’’ or ‘‘L’’ clearances 

or possess another active U.S. 

Government granted security clearance, 

i.e., Top Secret, Secret or Confidential. 

6. The licensee shall develop, 

implement, and maintain procedures 

designed to ensure that persons who 

have been denied unescorted access 

authorization to the facility are not 

allowed access to the facility, even 

under escort. 

7. The licensee shall develop, 

implement, and maintain an audit 

program for licensee and contractor/ 

vendor access authorization programs 

that evaluate all program elements and 

include a person knowledgeable and 

practiced in access authorization 

program performance objectives to assist 

in the overall assessment of the site’s 

program effectiveness. 

C. Fingerprinting Program Requirements 

1. In a letter to the NRC, the licensee 

must nominate an individual who will 

review the results of the FBI CHRCs to 

make trustworthiness and reliability 

determinations for unescorted access to 

an ISFSI. This individual, referred to as 

the ‘‘reviewing official,’’ must be 

someone who requires unescorted 

access to the ISFSI. The NRC will 

review the CHRC of any individual 

nominated to perform the reviewing 

official function. Based on the results of 

the CHRC, the NRC staff will determine 

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20726 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 

1The NRC’s determination of this individual’s 

unescorted access to the ISFSI, in accordance with 

the process, is an administrative determination that 

is outside the scope of the Order. 

whether this individual may have 

access. If the NRC determines that the 

nominee may not be granted such 

access, that individual will be 

prohibited from obtaining access.1 Once 

the NRC approves a reviewing official, 

the reviewing official is the only 

individual permitted to make access 

determinations for other individuals 

who have been identified by the 

licensee as having the need for 

unescorted access to the ISFSI, and have 

been fingerprinted and have had a 

CHRC in accordance with these ASMs. 

The reviewing official can only make 

access determinations for other 

individuals, and therefore cannot 

approve other individuals to act as 

reviewing officials. Only the NRC can 

approve a reviewing official. Therefore, 

if the licensee wishes to have a new or 

additional reviewing official, the NRC 

must approve that individual before he 

or she can act in the capacity of a 

reviewing official. 

2. No person may have access to 

Safeguards Information (SGI) or 

unescorted access to any facility subject 

to NRC regulation, if the NRC has 

determined, in accordance with its 

administrative review process based on 

fingerprinting and an FBI identification 

and CHRC, that the person may not have 

access to SGI or unescorted access to 

any facility subject to NRC regulation. 

3. All fingerprints obtained by the 

licensee under this Order, must be 

submitted to the Commission for 

transmission to the FBI. 

4. The licensee shall notify each 

affected individual that the fingerprints 

will be used to conduct 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,’’ in section F of these 

ASMs. 

5. Fingerprints need not be taken if 

the employed individual (e.g., a licensee 

employee, contractor, manufacturer, or 

supplier) is relieved from the 

fingerprinting requirement by 10 CFR 

73.61, has a favorably adjudicated U.S. 

Government CHRC within the last 5 

years, or has an active Federal security 

clearance. Written confirmation from 

the Agency/employer who granted the 

Federal security clearance or reviewed 

the CHRC must be provided to the 

licensee. The licensee must retain this 

documentation for a period of 3 years 

from the date the individual no longer 

requires access to the facility. 

D. Prohibitions 

1. A licensee shall not base a final 

determination to deny an individual 

unescorted access to the protected area 

of an ISFSI solely on the basis of 

information received from the FBI 

involving: an arrest more than 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. 

2. A licensee shall not use 

information received from a CHRC 

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 that would 

discriminate among individuals on the 

basis of race, religion, national origin, 

sex, or age. 

E. Procedures for Processing Fingerprint 

Checks 

1. 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 TWB– 

05B32M, one completed, legible 

standard fingerprint card (Form FD–258, 

ORIMDNRCOOOZ) or, where 

practicable, other fingerprint records for 

each individual seeking unescorted 

access to an ISFSI, 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– 

5877, or by e-mail to forms@nrc.gov. 

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 because of illegible or 

incomplete cards. 

2. The NRC will review submitted 

fingerprint cards for completeness. Any 

Form FD–258 fingerprint record 

containing omissions or evident errors 

will be returned to the licensee for 

corrections. The fee for processing 

fingerprint checks includes one resubmission 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. 

3. Fees for processing fingerprint 

checks are due upon application. The 

licensee shall submit payment of the 

processing fees electronically. To be 

able to submit secure electronic 

payments, licensees will need to 

establish an account with Pay.Gov 

(https://www.pay.gov). To request an 

account, the licensee shall send an 

e-mail to det@nrc.gov. The e-mail must 

include the licensee’s company name, 

address, point of contact (POC), POC 

e-mail address, and phone number. The 

NRC will forward the request to 

Pay.Gov; who will contact the licensee 

with a password and user lD. Once the 

licensee has established an account and 

submitted payment to Pay.Gov, they 

shall obtain a receipt. The licensee shall 

submit the receipt from Pay.Gov to the 

NRC along with fingerprint cards. For 

additional guidance on making 

electronic payments, contact the 

Facilities Security Branch, Division of 

Facilities and Security, at 301–492– 

3531. Combined payment for multiple 

applications is acceptable. 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 who are subject 

to this regulation of any fee changes. 

4. The Commission will forward to 

the submitting licensee all data received 

from the FBI as a result of the licensee’s 

application(s) for CHRCs, including the 

FBI fingerprint record. 

F. Right to Correct and Complete 

Information 

1. Prior to any final adverse 

determination, the licensee shall make 

available to the individual the contents 

of any criminal history 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 

notification. 

2. 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 

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Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 20727 

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 10 days for an 

individual to initiate an action 

challenging the results of a FBI CHRC 

after the record is made available for 

his/her review. The licensee may make 

a final access determination based on 

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 an ISFSI, the licensee shall 

provide the individual its documented 

basis for denial. Access to an ISFSI shall 

not be granted to an individual during 

the review process. 

G. Protection of Information 

1. The licensee shall develop, 

implement, and maintain a system for 

personnel information management 

with appropriate procedures for the 

protection of personal, confidential 

information. This system shall be 

designed to prohibit unauthorized 

access to sensitive information and to 

prohibit modification of the information 

without authorization. 

2. 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. 

3. 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 suitability for 

unescorted access to the protected area 

of an ISFSI. No individual authorized to 

have access to the information may redisseminate the information to any 

other individual who does not have the 

appropriate need to know. 

4. The personal information obtained 

on an individual from a CHRC may be 

transferred to another licensee if the 

gaining licensee receives the 

individual’s written request to redisseminate 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. 

5. 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. 

[FR Doc. 2011–9007 Filed 4–12–11; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–29627; File No. 812–13806] 

National Life Insurance Company, et al. 

April 7, 2011. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application for an 

order pursuant to Section 26(c) of the 

Investment Company Act of 1940 (the 

‘‘1940 Act’’). 

APPLICANTS: National Life Insurance 

Company (‘‘NLIC’’), National Variable 

Annuity Account II (‘‘Annuity 

Account’’), National Variable Life 

Insurance Account (‘‘Life Account’’, and 

together with Annuity Account, 

‘‘Separate Accounts’’). 

SUMMARY OF APPLICATION: Applicants 

request an order of the Commission 

pursuant to Section 26(c) of 1940 Act, 

as amended, approving the substitution 

of shares of the Money Market Portfolio 

(the ‘‘Replacement Portfolio’’) of the 

Variable Insurance Products Fund V 

(‘‘VIPFV’’) for shares of the Money 

Market Fund (the ‘‘Substituted 

Portfolio’’) of the Sentinel Variable 

Products Trust (‘‘SVPT’’) held by the 

Separate Accounts to support variable 

annuity contracts or variable life 

insurance contracts (collectively, the 

‘‘Contracts’’) issued by NLIC. 

FILING DATE: The application was 

originally filed on July 26, 2010 and 

amended on December 13, 2010, and 

March 28, 2011. 

HEARING OR NOTIFICATION OF HEARING: 

An order granting the application will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing by writing to the 

Secretary of the Commission and 

serving NLIC with a copy of the request, 

personally or by mail. Hearing requests 

must be received by the Commission by 

5:30 p.m. on April 28, 2011, and should 

be accompanied by proof of service on 

NLIC in the form of an affidavit or, for 

lawyers, a certificate of service. Hearing 

requests should state the nature of the 

requester’s interest, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Secretary of the 

Commission. 

ADDRESSES: Secretary, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–1090. 

Applicants, c/o Lisa F. Muller, Counsel, 

National Life Insurance Company, 

National Life Drive, Montpelier, 

Vermont 05604. 

FOR FURTHER INFORMATION CONTACT: 

Craig Ruckman, Attorney-Adviser, at 

(202) 551–6753 or Michael Kosoff, 

Branch Chief, Office of Insurance 

Products, Division of Investment 

Management, at (202) 551–6754. 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. NLIC is a stock life insurance 

company, all the outstanding stock of 

which is indirectly owned by National 

Life Holding Company, a mutual 

insurance holding company established 

under Vermont law on January 1, 1999. 

NLIC is authorized to transact life 

insurance and annuity business in 

Vermont and in 50 other jurisdictions. 

For purposes of the 1940 Act, NLIC is 

the depositor and sponsor of the 

Annuity Account and the Life Account 

as those terms have been interpreted by 

the Commission with respect to variable 

life insurance and variable annuity 

separate accounts. 

2. Under Vermont law, the assets of 

each Separate Account attributable to 

the Contracts through which interests in 

that Separate Account are issued are 

owned by NLIC but are held separately 

from all other assets of NLIC for the 

benefit of the owners of, and the persons 

entitled to payment under, those 

Contracts. Consequently, the assets in 

each Separate Account equal to the 

reserves and other contract liabilities of 

the Separate Account are not chargeable 

with liabilities arising out of any other 

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