74750 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices 

1SGI is a form of sensitive, unclassified, securityrelated information that the Commission has the 

authority to designate and protect under Section 

147 of the AEA. 

comments were due to be filed by 

December 20, 2010; reply comments 

were due to be filed by January 19, 

2011. 

The Copyright Office has received a 

request from the Recording Industry 

Association of America to extend the 

comment period to January 31, 2011, in 

order to allow sufficient time to gather 

relevant information from its member 

companies and to provide the Office 

with comprehensive comments. Given 

the need for more factual data regarding 

pre-1972 sound recordings, and the 

complexity of the issues raised by the 

Notice of Inquiry, the Office has decided 

to extend the deadline for filing 

comments by a period of 42 days, 

making initial comments due by January 

31, 2011. The period for filing reply 

comments will be similarly extended, 

making reply comments due by March 

2, 2011. 

Dated: November 24, 2010. 

David O. Carson, 

General Counsel. 

[FR Doc. 2010–30213 Filed 11–30–10; 8:45 am] 

BILLING CODE 1410–30–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–10–152; Project No. 52–0001; NRC– 

2010–0368] 

In the Matter of Toshiba America 

Nuclear Energy Corporation and All 

Other Persons Who Seek or Obtain 

Access to Safeguards Information 

Described Herein; Order Imposing 

Safeguards Information Protection 

Requirements for Access to 

Safeguards Information (Effective 

Immediately) 

I 

On June 12, 2009, the U.S. Nuclear 

Regulatory Commission (the 

Commission or NRC) published a 

rulemaking in the Federal Register (74 

FR 28112), that requires applicants for 

a variety of licensing activities, 

including nuclear power plant 

designers, to perform a design-specific 

assessment of the effects of a large, 

commercial aircraft impact and to 

incorporate design features and 

functional capabilities into the nuclear 

power plant design to provide 

additional inherent protection with 

reduced operator actions. Section V of 

the Federal Register notice contains 

specific requirements for applicants for 

new nuclear power reactors. To assist 

designers in completing this assessment, 

the Commission has decided to provide 

the detailed aircraft impact 

characteristics that reactor vendors and 

architect/engineers who have the need 

to know and who meet the NRC’s 

requirements for the disclosure of such 

information should use as reasonable 

input in studies of the inherent 

capabilities of their designs. 

The NRC derived these characteristics 

from agency analyses performed on 

operating reactors to support, in part, 

the development of a broadly effective 

set of mitigation strategies to combat 

fires and explosions from a spectrum of 

hypothetical aircraft impacts. Although 

the NRC did not select these detailed 

characteristics as a basis for designing 

new reactors, the staff is suggesting that 

designers use them as a starting point 

for aircraft impact assessments. As 

stated in the rulemaking, the 

Commission will specify, in a 

safeguards information (SGI) guidance 

document, the detailed aircraft impact 

characteristics that should be used in a 

required assessment of the new reactor 

designs. The agency is working to 

finalize the form and values of those 

detailed characteristics. On July 10, 

2009, the NRC issued Draft Regulatory 

Guide (DG)–1176, ‘‘Guidance for the 

Assessment of Beyond-Design-Basis 

Aircraft Impacts,’’ to assist applicants in 

the completion of the assessment. The 

agency did not receive any comments 

on DG–1176. The staff is currently 

finalizing the regulatory guide. In 

addition, the staff recognizes that no 

national or international consensus has 

been reached on the selection of 

appropriate characteristics for such 

analyses. Therefore, applicants should 

consider the information preliminary 

and subject to authorized stakeholder 

comment. The detailed aircraft 

characteristics that are the subject of 

this Order are hereby designated as 

SGI,1 in accordance with Section 147 of 

the Atomic Energy Act of 1954, as 

amended (AEA). 

On October 24, 2008, the NRC revised 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 73, § 73.21, 

‘‘Protection of Safeguards Information: 

Performance Requirements,’’ to include 

applicants in the list of entities required 

to protect SGI (73 FR 63546). The NRC 

is issuing this Order to Toshiba America 

Nuclear Energy Corporation (TANE) to 

impose requirements for the protection 

of SGI in addition to the requirements 

in the revised 10 CFR 73.21. These 

additional requirements include 

nomination of a reviewing official, 

restrictions on the storage of SGI, and 

access to SGI by certain individuals. 

To implement this Order, TANE must 

nominate an individual, known as the 

‘‘reviewing official,’’ who will review the 

results of the Federal Bureau of 

Investigation (FBI) criminal history 

records check to make SGI access 

determinations. The reviewing official 

must be someone who seeks access to 

SGI. Based on the results of the FBI 

criminal history records check, the NRC 

staff will determine whether this 

individual may have access to SGI. If 

the NRC determines that the individual 

may not be granted access to SGI, the 

enclosed Order prohibits that individual 

from obtaining access to any SGI. Once 

the NRC determines that the nominated 

individual may have access to SGI, and 

after TANE has completed the 

background check on the reviewing 

official and has determined that he or 

she is trustworthy and reliable, and has 

approved the individual as the 

reviewing official, that reviewing 

official, and only that reviewing official, 

can make SGI access determinations for 

other individuals who have been 

identified by TANE as having a need to 

know SGI and who have been 

fingerprinted and have had a criminal 

history records check in accordance 

with this Order. The reviewing official 

can only make SGI access 

determinations for other individuals; he 

or she cannot approve other individuals 

to act as reviewing officials. If TANE 

wishes to nominate a new or additional 

reviewing official, the NRC must first 

determine whether that individual may 

have access to SGI before he or she can 

act in the capacity of a reviewing 

official. 

The regulations at 10 CFR 73.59, 

‘‘Relief from Fingerprinting, 

Identification and Criminal History 

Records Checks and Other Elements of 

Background Checks for Designated 

Categories of Individuals,’’ relieve 

certain categories of individuals from 

fingerprinting requirements. Those 

individuals include: (1) Federal, State, 

and local law enforcement personnel, 

(2) Agreement State inspectors who 

conduct security inspections on behalf 

of the NRC, (3) members of Congress, 

(4) employees of members of Congress 

or congressional committees who have 

undergone fingerprinting for a prior U.S. 

Government criminal history check, and 

(5) certain representatives of the 

International Atomic Energy Agency or 

certain foreign government 

organizations. In addition, the NRC has 

determined that individuals who have 

had a Favorably-decided U.S. 

Government criminal history check 

within the last 5 years or individuals 


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2The NRC’s determination of this individual’s 

access to SGI in accordance with the process 

described in Enclosure 3 to the transmittal letter of 

this Order is an administrative determination that 

is outside the scope of this Order. 

who have active Federal security 

clearances (provided, in either case, that 

they make available the appropriate 

documentation) have already been 

subjected to fingerprinting and criminal 

history records checks and, therefore, 

have satisfied the fingerprinting 

requirement in the Energy Policy Act of 

2005. 

II 

The Commission has broad statutory 

authority to protect and prohibit the 

unauthorized disclosure of SGI. Section 

147 of the AEA grants the Commission 

explicit authority to issue such orders, 

as necessary, to prohibit the 

unauthorized disclosure of SGI. 

Furthermore, Section 652 of the Energy 

Policy Act of 2005 amended Section 149 

of the AEA to require fingerprinting and 

an FBI identification and criminal 

history records check of each individual 

who seeks access to SGI. In addition, no 

person may have access to SGI unless 

that person has an established need to 

know and satisfies the trustworthiness 

and reliability requirements of the 

regulations. 

To provide assurance that TANE is 

continuing to implement the 

appropriate measures to ensure a 

consistent level of protection to prohibit 

unauthorized disclosure of SGI and to 

comply with the fingerprinting, criminal 

history records check, and background 

check requirements for access to SGI, 

TANE shall implement the requirements 

for the protection of SGI in 10 CFR 

73.21, 10 CFR 73.22 and this Order. In 

addition, under 10 CFR 2.202, ‘‘Orders,’’ 

the NRC finds that in light of the matters 

identified above, which warrant the 

issuance of this Order, public health 

and safety and the public interest 

require that this Order be effective 

immediately. 

III 

Accordingly, under Sections 147, 149, 

161b, 161i, 161o, 182, and 186 of the 

AEA and under the Commission’s 

regulations in 10 CFR 2.202 and 10 CFR 

Part 73, ‘‘Physical Protection of Plants 

and Materials,’’ it is hereby ordered, 

Effective Immediately, that Tane and all 

other persons who seek or obtain access 

to SGI as described herein shall comply 

with the requirements set forth in 10 

CFR 73.21, 10 CFR 73.22, and this order. 

A.1. No person may have access to 

any SGI if the NRC, when determining 

SGI access for a nominated reviewing 

official, has determined, based on 

fingerprinting and an FBI identification 

and criminal history records check that 

the person nominated may not have 

access to SGI. 

2. TANE shall store SGI designated by 

this Order only in the facility or 

facilities specifically approved in 

writing by the NRC for storage of SGI 

designated by this Order. TANE may 

request, in writing, NRC approval of 

additional facilities for the storage of the 

SGI designated by this Order that the 

NRC will consider on a case-by-case 

basis. 

3. TANE may provide SGI designated 

by this Order to individuals (such as 

foreign nationals, U.S. citizens living in 

foreign countries, or individuals under 

the age of 18) for whom fingerprinting 

and an FBI criminal history records 

check are not reasonably expected to 

yield sufficient criminal history 

information to form the basis of an 

informed decision on granting access to 

SGI, provided that the individual 

satisfies the requirements of this Order 

and that TANE has implemented 

measures, in addition to those set forth 

in this Order, to ensure that the 

individual is suitable for access to the 

SGI designated by this Order. Such 

additional measures must include, but 

are not limited to, equivalent criminal 

history records checks conducted by a 

local, State, or foreign government 

agency, and/or enhanced background 

checks, including employment and 

credit history. The NRC must review 

these additional measures and approve 

them in writing. 

B. No person may provide SGI to any 

other person except in accordance with 

Section III.A above. Before providing 

SGI to any person, a copy of this Order 

shall be provided to that person. 

C. TANE shall comply with the 

following requirements: 

1. TANE shall, within 20 days of the 

date of this Order, submit the 

fingerprints of one individual who (a) 

TANE nominates as the ‘‘reviewing 

official’’ for determining access to SGI 

by other individuals and (b) has an 

established need to know the 

information. The NRC will determine 

whether this individual (or any 

subsequent nominated reviewing 

official) may have access to SGI and, 

therefore, will be permitted to serve as 

TANE’s reviewing official.2 TANE may, 

at the same time or later, submit the 

fingerprints of other individuals to 

whom TANE seeks to grant access to 

SGI. Fingerprints shall be submitted and 

reviewed in accordance with the 

procedures described in the attachment 

to this Order. 

2. TANE shall, within 20 days of the 

date of this Order, notify, in writing, the 

Commission: (a) If it is unable to comply 

with any of the requirements described 

in the Order, including the attachment; 

or (b) if compliance with any of the 

requirements is unnecessary in its 

specific circumstances. 

The notification shall provide TANE’s 

justification for seeking relief from, or 

variation of, any specific requirement. 

TANE shall submit responses to 

Section III.C.1 and Section III.C.2 above 

to the Director, Office of New Reactors, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555. In addition, 

TANE shall mark its responses as 

‘‘Security-Related Information— 

Withhold under 10 CFR 2.390.’’ 

Except for the requirements for 

fingerprinting, the Director, Office of 

New Reactors, may, in writing, relax or 

rescind any of the above conditions 

upon demonstration of good cause by 

TANE. 

IV 

In accordance with 10 CFR 2.202, 

TANE must, and any other person 

adversely affected by this Order may, 

submit an answer to this Order and may 

request a hearing on this Order within 

20 days of the date of its publication in 

the Federal Register. Where good cause 

is shown, the NRC will consider 

extending the time to answer or request 

a hearing. A request for an extension of 

time in which to submit an answer or 

to request a hearing must be made in 

writing to the Director, Office of New 

Reactors, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

and must include a statement of good 

cause for the extension. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

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

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). 

The E-Filing process requires 

participants to submit and serve all 

adjudicatory documents over the 

internet, or in some cases to mail copies 

on electronic storage media. Participants 

may not submit paper copies of their 

filings unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 


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the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to request (1) a digital 

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 

E-Submittal 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 EIE, users will be 

required to install a web browser plugin 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/ 

e-submittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an 

e-mail 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 (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 firstclass 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:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

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. 

The answer may consent to this 

Order. If the answer, on the other hand, 

includes a request for hearing, it shall, 

in writing and under oath or 

affirmation, specifically set forth the 

matters of fact and law by which TANE 

relies and the reasons as to why the 

NRC should not have issued this Order. 

If a person other than TANE 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). 

If TANE or a person whose interest is 

adversely affected requests a hearing, 

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 this hearing shall be 

whether this Order should be sustained. 

Pursuant to 10 CFR 2.202(c)(2)(i), 

TANE 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 a 

hearing or written approval of an 

extension of time in which to request a 

hearing, the provisions, as specified 

above in Section III, shall be final 20 

days from the date this Order is 

published in the Federal Register, 

without further issuance of an order or 

proceedings. 

If the agency approves an extension of 

time in which to request a hearing, the 

provisions, as specified above in Section 

III, shall be final when the extension 

expires if the NRC has not received a 

hearing request. 


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3As used herein, ‘‘licensee’’ means any licensee 

or other person who must conduct fingerprinting. 

1As used herein, ‘‘licensee’’ means any licensee 

or other person who must conduct fingerprinting. 

An answer or a request for hearing 

shall not stay the immediate 

effectiveness of this order. 

Dated at Rockville, MD, this 19th day of 

November 2010. 

For the Nuclear Regulatory Commission. 

Michael R. Johnson, 

Director, Office of New Reactors. 

Guidance for the Evaluation of Access 

to Safeguards Information With the 

Inclusion of Criminal History Records 

(Fingerprint) Checks 

When a licensee or other person 3

submits fingerprints to the U.S. Nuclear 

Regulatory Commission (NRC) in 

accordance with an NRC Order, that 

licensee or other person will receive a 

criminal history summary of 

information, as provided in federal 

records, since the individual’s 18th 

birthday. Individuals retain the right to 

correct and complete information and to 

initiate challenge procedures described 

in Enclosure 3. The licensee will receive 

the information from the criminal 

history records check for those 

individuals who require access to 

Safeguards Information (SGI), and the 

reviewing official will evaluate that 

information using the guidance below. 

Furthermore, the requirements of all 

orders, which apply to the information 

and material to which access is being 

granted, must be met. 

The licensee’s reviewing official is 

required to evaluate all pertinent and 

available information when determining 

an individual’s access to SGI, including 

the criminal history information 

pertaining to that individual as required 

by the NRC Order. The reviewing 

official must use the criminal history 

records check when determining 

whether an individual has a record of 

criminal activity that indicates that he 

or she should not have access to SGI. 

The reviewing official must document 

each determination of access to SGI, 

including a review of criminal history 

information and the basis for the 

decision that he or she made as follows: 

• If the reviewing official discovers 

negative information that the individual 

did not provide or that is different in 

any material respect from the 

information that the individual 

provided, the reviewing official should 

consider this information and must 

document his or her decisions made 

based on these findings. 

• The reviewing official should 

carefully evaluate any record that 

contains information on a pattern of 

behaviors that indicates that the 

behaviors could be expected to recur or 

continue or on recent behaviors that cast 

questions on whether an individual 

should have access to SGI before any 

authorization of access to SGI. 

A licensee must resubmit fingerprints 

only under either one of the following 

two conditions: 

(1) The Federal Bureau of 

Investigation (FBI) has determined that 

the fingerprints cannot be classified due 

to poor quality in the mechanics of 

taking the initial impressions; or 

(2) The initial submission has been 

lost. 

If the FBI advises that six sets of 

fingerprints are unclassifiable based on 

conditions other than poor quality, the 

licensee may submit a request to the 

NRC for alternatives. When those search 

results are received from the FBI, no 

further search is necessary. 

Process To Challenge NRC Denials or 

Revocations of Access to Safeguards 

Information 

1. Policy 

This policy establishes a process by 

which individuals who are nominated 

as a reviewing official by a U.S. Nuclear 

Regulatory Commission (NRC) licensee 

or other person 1 are afforded the 

opportunity to challenge and appeal 

NRC denials or revocations of access to 

Safeguards Information (SGI). Any 

individual nominated as a licensee 

reviewing official whom the NRC has 

determined may not have access to SGI 

shall, to the extent provided below, be 

afforded an opportunity to challenge 

and appeal the NRC’s determination. 

This policy shall not be construed to 

require the disclosure of SGI to any 

person, nor shall it be construed to 

create a liberty or property interest of 

any kind in the access of any individual 

to SGI. 

2. Applicability 

This policy applies solely to those 

employees of licensees who are 

nominated as a reviewing official and 

who are thus considered, by the NRC, 

for initial or continued access to SGI in 

that position. 

3. SGI Access Determination Criteria 

The NRC staff will make 

determinations for granting a nominated 

reviewing official access to SGI. The 

NRC shall deny or revoke access to SGI 

whenever it determines that an 

individual does not meet the applicable 

standards. The agency shall resolve any 

doubt about an individual’s eligibility 

for initial or continued access to SGI in 

favor of the national security and will 

deny or revoke access. 

4. Procedures To Challenge the Contents 

of Records Obtained From the Federal 

Bureau of Investigation (FBI) 

Before the NRC Facilities Security 

Branch Chief makes the determination 

to deny or revoke access to SGI by an 

individual nominated as a reviewing 

official, that individual shall be afforded 

the following: 

(1) The individual shall have access to 

the contents of records obtained from 

the FBI for the purpose of ensuring 

correct and complete information. If, 

after reviewing the record, an individual 

believes that the information 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, he or she may initiate 

challenge procedures. These procedures 

include either direct application by the 

individual challenging the record to the 

agency (i.e., law enforcement agency) 

that contributed the questioned 

information, or direct challenge as to the 

accuracy or completeness of any entry 

on the criminal history record to the 

Assistant Director, Federal Bureau of 

Investigation, Identification Division, 

Washington, DC 20537–9700 (as set 

forth in Title 28 of the Code of Federal 

Regulations (28 CFR) 16.30, ‘‘Purpose 

and Scope,’’ through 28 CFR 16.34, 

‘‘Procedure to Obtain Change, Correction 

or Updating of Identification Records’’). 

In the latter case, the FBI will forward 

the challenge to the agency that 

submitted the data and will request that 

the agency verify or correct the 

challenged entry. Once the FBI receives 

an official communication directly from 

the agency that contributed the original 

information, the FBI’s Identification 

Division makes any necessary changes 

in accordance with the information 

supplied by that agency. 

(2) The individual shall have 10 days 

to initiate an action challenging the 

results of an FBI criminal history 

records check (described in provision 1 

above) after the record is made available 

for the individual’s review. If the 

individual initiates such a challenge, 

the NRC Facilities Security Branch 

Chief may make a determination based 

upon the criminal history record only 

upon receipt of the FBI’s ultimate 

confirmation or correction of the record. 

5. Procedures To Provide Additional 

Information 

Before the NRC Facilities Security 

Branch Chief makes a determination to 

deny or revoke access to SGI by an 

individual nominated as a reviewing 

official, that individual shall be given 


jlentini on DSKJ8SOYB1PROD with NOTICES
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2As used herein, ‘‘licensee’’ means any licensee 

or other person who must conduct fingerprinting in 

accordance with these requirements. 

the opportunity to submit information 

relevant to the his or her 

trustworthiness and reliability. The NRC 

Facilities Security Branch Chief shall, in 

writing, notify the individual of this 

opportunity and of any deadlines for 

submitting this information. The NRC 

Facilities Security Branch Chief may 

make a determination of access to SGI 

only upon receipt of the additional 

information submitted by the individual 

or, if no such information is submitted, 

when the deadline to submit such 

information has passed. 

6. Procedures To Notify an Individual of 

the NRC Facilities Security Branch 

Chief’s Determination To Deny or 

Revoke Access to Safeguards 

Information 

Once the NRC Facilities Security 

Branch Chief makes a determination to 

deny or revoke access to SGI by an 

individual nominated as a reviewing 

official, that individual shall be 

provided a written explanation of the 

basis for this determination. 

7. Procedures To Appeal an NRC 

Determination To Deny or Revoke 

Access to Safeguards Information 

Once the NRC Facilities Security 

Branch Chief makes a determination to 

deny or revoke access to SGI by an 

individual nominated as a reviewing 

official, that individual shall be afforded 

an opportunity to appeal this 

determination to the Director, Division 

of Facilities and Security. The 

individual must appeal the 

determination within 20 days of receipt 

of the written notice of the 

determination by the Facilities Security 

Branch Chief, either in writing or in 

person. Any appeal made in person 

shall take place at the NRC’s 

Headquarters and shall be at the 

individual’s own expense. The 

determination made by the Director, 

Division of Facilities and Security, shall 

be rendered within 60 days after receipt 

of the appeal. 

8. Procedures To Notify an Individual of 

the Determination by the Director, 

Division of Facilities and Security, Upon 

an Appeal 

A determination by the Director, 

Division of Facilities and Security, shall 

be provided to the individual in writing 

and shall include an explanation of the 

basis for this determination. A 

determination by the Director, Division 

of Facilities and Security, to affirm the 

Facilities Branch Chief’s determination 

to deny or revoke an individual’s access 

to SGI is final and not subject to further 

administrative appeals. 

General Requirements 

Licensees and other persons who are 

required to conduct fingerprinting shall 

comply with the requirements of this 

enclosure.2

The licensee shall notify the U.S. 

Nuclear Regulatory Commission (NRC) 

of any desired change in reviewing 

officials in compliance with Section 

III.C.1 of the subject order. The NRC 

will determine whether the individual 

nominated as the new reviewing official 

may have access to Safeguards 

Information (SGI) based on a previously 

obtained or new criminal history 

records check and, therefore, will be 

permitted to serve as the licensee’s 

reviewing official. 

Procedures for Processing Fingerprint 

Checks 

For the purpose of complying with 

this Order, licensees shall, using an 

appropriate method listed in Title 10 of 

the Code of Federal Regulations (10 

CFR) 73.4, ‘‘Communications,’’ submit to 

the NRC’s Division of Facilities and 

Security, Mail Stop T–6 E46, one 

completed, legible standard fingerprint 

card (Form FD–258, ORIMDNRCOOOZ) 

or, where practicable, other fingerprint 

records for each individual seeking 

access to SGI to the Director, Division of 

Facilities and Security, marked to the 

attention of the Division’s Criminal 

History Check Section. Licensees may 

obtain copies of these forms by written 

request to the Office of Information 

Services, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; by telephone at (301) 415–5877; or 

by e-mail at forms@nrc.gov. Practicable 

alternative formats appear in 10 CFR 

73.4. The licensee shall establish 

procedures to ensure that the quality of 

the fingerprints taken minimizes the 

rejection rate of fingerprint cards 

because of illegible or incomplete cards. 

The NRC will review submitted 

fingerprint cards for completeness. Any 

Form FD–258 fingerprint record 

containing omissions or evident errors 

will be returned to the licensee for 

corrections. The fee for processing 

fingerprint checks includes one 

resubmission if the Federal Bureau of 

Investigation (FBI) returns the initial 

submission because the fingerprint 

impressions cannot be classified. The 

one free resubmission must have the FBI 

transaction control number reflected on 

it. If additional submissions are 

necessary, they will be treated as initial 

submittals and will require a second 

payment of the processing fee. 

Fees for processing fingerprint checks 

are due upon application. Licensees 

shall submit payment with the 

application for processing fingerprints 

by a corporate check, certified check, 

cashier’s check, money order, or 

electronic payment made payable to 

‘‘U.S. NRC.’’ (For guidance on making 

electronic payments, contact the 

Facilities Security Branch, Division of 

Facilities and Security, at 301–415– 

7404.) A 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’s handling of licensee fingerprint 

submissions. The Commission will 

directly notify licensees that are subject 

to this regulation of any fee changes. 

The Commission will forward to the 

submitting licensee all data received 

from the FBI resulting from the 

licensee’s application(s) for criminal 

history records checks, including the 

FBI fingerprint record. 

Right To Correct and Complete 

Information 

Before any final adverse 

determination, the licensee shall make 

available to the individual the contents 

of any criminal records obtained from 

the FBI for the purpose of ensuring 

correct and complete information. The 

licensee must maintain the individual’s 

written confirmation of receipt of this 

notification for a period of 1 year from 

the date of the notification. If, after 

reviewing the record, an individual 

believes that the information 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, he or she may initiate 

challenge procedures. These procedures 

include either direct application by the 

individual challenging the record to the 

agency (i.e., law enforcement agency) 

that contributed the questioned 

information or direct challenge as to the 

accuracy or completeness of any entry 

on the criminal history record to the 

Assistant Director, Federal Bureau of 

Investigation, Identification Division, 

Washington, DC 20537–9700 (as set 

forth in 28 CFR 16.30, ‘‘Purpose and 

Scope,’’ through 28 CFR 16.34, 

‘‘Procedure to Obtain Change, Correction 

or Updating of Identification Records’’). 

In the latter case, the FBI will forward 

the challenge to the agency that 

submitted the data and will request that 

the agency verify or correct the 

challenged entry. Once the FBI receives 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Notices 74755 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(1). 

4 17 CFR 240.19b–4. 

an official communication directly from 

the agency that contributed the original 

information, the FBI’s Identification 

Division makes any changes necessary 

in accordance with the information 

supplied by that agency. The licensee 

must allow an individual at least 10 

days to initiate an action challenging the 

results of an FBI criminal history 

records check after the record is made 

available for his or her review. The 

licensee may make a final SGI access 

determination based upon the criminal 

history record only upon receipt of the 

FBI’s ultimate confirmation or 

correction of the record. Upon a final 

adverse determination on access to SGI, 

the licensee shall provide the individual 

its documented basis for denial. The 

licensee shall not grant an individual 

access to SGI during the review process. 

Protection of Information 

Each licensee who obtains a criminal 

history record on an individual under 

this Order shall establish and maintain 

a system of files and procedures for 

protecting the record and the personal 

information from unauthorized 

disclosure. 

The licensee may not disclose the 

record or personal information that it 

collects and maintains to persons other 

than the subject individual or his or her 

representative or to those who have a 

need to access the information in 

performing assigned duties in the 

process of determining access to SGI. No 

individual authorized to have access to 

the information may redisseminate the 

information to any other individual who 

does not have a need to know. 

The licensee may transfer personal 

information obtained on an individual 

from a criminal history records check to 

another licensee if the licensee holding 

the criminal history records check 

receives the individual’s written request 

to redisseminate the information 

contained in his or her file and if the 

current licensee verifies information 

such as the individual’s name, date of 

birth, Social Security number, sex, and 

other applicable physical characteristics 

for identification purposes. 

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. 

The licensee shall retain all 

fingerprint and criminal history records 

that it receives from the FBI or a copy 

of these records if the individual’s file 

has been transferred for 3 years after 

termination of employment or upon 

determination of access to SGI (whether 

access was approved or denied). After 

the required 3-year period, the licensee 

shall destroy these documents by a 

method that will prevent the 

reconstruction of the information in 

whole or in part. 

[FR Doc. 2010–30221 Filed 11–30–10; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL SERVICE 

Product Change—Parcel Return 

Service Negotiated Service Agreement 

AGENCY: Postal ServiceTM. 

ACTION: Notice. 

SUMMARY: Postal Service notice of filing 

of a request with the Postal Regulatory 

Commission to add a domestic shipping 

services contract to the list of Negotiated 

Service Agreements in the Mail 

Classification Schedule’s Competitive 

Products List pursuant to 39 U.S.C. 3642 

and 3632(b)(3). 

DATES: December 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth A. Reed, 202–268–3179. 

SUPPLEMENTARY INFORMATION: The 

United States Postal Service hereby 

gives notice that on November 17, 2010, 

it filed with the Postal Regulatory 

Commission a Request of the United 

States Postal Service to Add Parcel 

Return Service Contract 2 to 

Competitive Product List and Notice of 

Filing (Under Seal) of Contract and 

Supporting Data. Documents are 

available at http://www.prc.gov, Docket 

Nos. MC2011–6 and CP2011–33. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2010–30185 Filed 11–30–10; 8:45 am] 

BILLING CODE 7710–12–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63367; File No. SR–Phlx– 

2010–163] 

Self-Regulatory Organizations; Notice 

of Filing of Proposed Rule Change by 

NASDAQ OMX PHLX LLC Relating to 

Obvious Errors Respecting Complex 

Trades 

November 23, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 2 thereunder, 

notice is hereby given that on November 

17, 2010, NASDAQ OMX PHLX LLC 

(‘‘Phlx’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I, II, 

and III, below, which Items have been 

prepared by the Exchange. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange, pursuant to Section 

19(b)(1) of the Act 3 and Rule 19b–4 

thereunder,4 proposes to amend Rule 

1092, Obvious Errors and Catastrophic 

Errors, to address obvious and 

catastrophic errors involving complex 

orders. 

The text of the proposed rule change 

is available on the Exchange’s website at 

http://www.nasdaqtrader.com/ 

micro.aspx?id=PHLXRulefilings, at the 

principal office of the Exchange, on the 

Commission’s Web site at http:// 

www.sec.gov, and at the Commission’s 

Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to mitigate the risk to parties 

using complex orders, where part or all 

of a complex order traded at an 

erroneous price; specifically, the 

proposal addresses the situation where 

one component (or leg) of a complex 

order is deemed an obvious (or 

catastrophic) error but the other 

component(s) is (are) not. 

Background 

Complex orders are orders with more 

than one component, and take many 


jlentini on DSKJ8SOYB1PROD with NOTICES