Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 51861 

1Attachment 1 contains sensitive information 

and will not be released to the public. 

2Safeguards Information is a form of sensitive, 

unclassified, security-related information that the 

Commission has the authority to designate and 

protect under section 147 of the AEA. 

specified in 10 CFR 20.1402. Because 

the proposed action will not 

significantly impact the quality of the 

human environment, the NRC staff 

concludes that the proposed action is 

the preferred alternative. 

Agencies and Persons Consulted 

NRC provided a draft of this 

Environmental Assessment to the State 

of New Jersey’s Department of 

Environmental Protection for review on 

June 13, 2006. On June 29, 2006, the 

State of New Jersey’s Department of 

Environmental Protection responded by 

letter. The State agreed with the 

conclusions of the EA, and otherwise 

had no comments. 

The NRC staff has determined that the 

proposed action is of a procedural 

nature, and will not affect listed species 

or critical habitat. Therefore, no further 

consultation is required under Section 7 

of the Endangered Species Act. The 

NRC staff has also determined that the 

proposed action is not the type of 

activity that has the potential to cause 

effects on historic properties. Therefore, 

no further consultation is required 

under Section 106 of the National 

Historic Preservation Act. 

III. Finding of No Significant Impact 

The NRC staff has prepared this EA in 

support of the proposed action. On the 

basis of this EA, the NRC finds that 

there are no significant environmental 

impacts from the proposed action, and 

that preparation of an environmental 

impact statement is not warranted. 

Accordingly, the NRC has determined 

that a Finding of No Significant Impact 

is appropriate. 

IV. Further Information 

Documents related to this action, 

including the application for license 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents related to 

this action are listed below, along with 

their ADAMS accession numbers. 

1. NRC License No. 29–30390–01 

inspection and licensing records 

[ADAMS Accession Nos. ML031130227, 

ML031250277, ML042980018, 

ML060890371, ML060960381, 

ML060960391, and ML060960509]; 

2. Request for unrestricted release of 

the facility at 107 College Road East, 

Princeton, New Jersey with survey 

results for SFBC Taylor Technologies, 

Inc., dated May 1, 2006 [ADAMS 

Accession No. ML061280123]; 

3. Request for Additional Information 

(RAI) issued May 18, 2006, by the U.S. 

NRC [ADAMS Accession No. 

ML061390010]; 

4. SFBC Taylor Technology, Inc.’’s 

response dated May 26, 2006, to U.S. 

NRC’s RAI [ML061510154]; 

5. NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance’’; 

6. Title 10 Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination’’; 

7. Title 10, Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions’’; 

8. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities.’’

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301–

415–4737, or by e-mail to pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Region I, 475 Allendale Road, 

King of Prussia this 23rd day of August 2006. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. 06–7285 Filed 8–30–06; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–06–155] 

In the Matter of: All Licensees 

Identified in Attachment 1 and All 

Other Persons Who Seek or Obtain 

Access to Safeguards Information 

Described Herein; Order Imposing 

Fingerprinting and Criminal History 

Check Requirements for Access to 

Safeguards Information (Effective 

Immediately) 

I 

The Licensees identified in 

Attachment 11 to this Order hold 

licenses issued in accordance with the 

Atomic Energy Act (AEA) of 1954, as 

amended, by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission) or Agreement States, 

authorizing them to engage in an 

activity subject to regulation by the 

Commission or Agreement States. On 

August 8, 2005, the Energy Policy Act 

of 2005 (EPAct) was enacted. Section 

652 of the EPAct amended Section 149 

of the AEA to require fingerprinting and 

a Federal Bureau of Investigation (FBI) 

identification and criminal history 

records check of any person who is to 

be permitted to have access to 

Safeguards Information (SGI) 2. The 

NRC’s implementation of this 

requirement cannot await the 

completion of the SGI rulemaking, 

which is underway, because the EPAct 

fingerprinting and criminal history 

check requirements for access to SGI 

were immediately effective upon 

enactment of the EPAct. Although the 

EPAct permits the Commission by rule 

to except certain categories of 

individuals from the fingerprinting 

requirement, which the Commission has 

done (see 10 CFR 73.59, 71 FR 33989 

(June 13, 2006)), it is unlikely that 

licensee employees are excepted from 

the fingerprinting requirement by the 

‘‘fingerprinting relief’’ rule. Individuals 

relieved from fingerprinting and 

criminal history checks under the relief 

rule include Federal, State, and local 

officials and law enforcement 

personnel; Agreement State inspectors 

who conduct security inspections on 

behalf of the NRC; members of Congress 

and certain employees of members of 

Congress or Congressional Committees, 

and representatives of the International 

Atomic Energy Agency (IAEA) or certain 

foreign government organizations. In 

addition, individuals who have a 

favorably-decided U.S. Government 

criminal history check within the last 

five (5) years, and individuals who have 

active federal security clearances 

(provided in either case that they make 

available the appropriate 

documentation), have satisfied the 

EPAct fingerprinting requirement and 

need not be fingerprinted again. 

Therefore, in accordance with Section 

149 of the AEA, as amended by the 

EPAct, the Commission is imposing 

additional requirements for access to 

SGI, as set forth by this Order, so that 

affected licensees can obtain and grant 

access to SGI. This Order also imposes 

requirements for access to SGI by any 


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

3Person means (1) any individual, corporation, 

partnership, firm, association, trust, estate, public 

or private institution, group, government agency 

other than the Commission or the Department of 

Energy, except that the Department of Energy shall 

be considered a person with respect to those 

facilities of the Department of Energy specified in 

section 202 of the Energy Reorganization Act of 

1974 (88 Stat. 1244), any State or any political 

subdivision of, or any political entity within a State, 

any foreign government or nation or any political 

subdivision of any such government or nation, or 

other entity; and (2) any legal successor, 

representative, agent, or agency of the foregoing. 

4The 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. 

person 3, from any person, whether or 

not a Licensee, Applicant, or Certificate 

Holder of the Commission or Agreement 

States. 

Subsequent to the terrorist events of 

September 11, 2001, the NRC issued 

Orders requiring certain entities to 

implement Additional Security 

Measures (ASM) or Compensatory 

Measures (CM) for certain radioactive 

materials. The requirements imposed by 

these Orders, and certain measures 

licensees have developed to comply 

with the Orders, were designated by the 

NRC as SGI. For some materials 

licensees, the storage and handling 

requirements for the SGI have been 

modified from the existing 10 CFR part 

73 SGI requirements for reactors and 

fuel cycle facilities that require a higher 

level of protection; such SGI is 

designated as Safeguards Information—

Modified Handling (SGI–M). However, 

the information subject to the SGI–M 

handling and protection requirements is 

SGI, and licensees and other persons 

who seek or obtain access to such SGI 

are subject to this Order. 

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 EPAct 

amended Section 149 of the AEA to 

require fingerprinting and an FBI 

identification and a criminal history 

records check of each individual who 

seeks access to SGI. In addition, as 

required by existing Orders, which 

remain in effect, no person may have 

access to SGI unless the person has an 

established need-to-know and satisfies 

the trustworthy and reliability 

requirements of those Orders. 

In order to provide assurance that the 

Licensees identified in Attachment 1 are 

implementing appropriate measures to 

comply with the fingerprinting and 

criminal history check requirements for 

access to SGI, all Licensees identified in 

Attachment 1 shall implement the 

requirements of this Order. In addition, 

pursuant to 10 CFR 2.202, I find that in 

light of the common defense and 

security matters identified above, which 

warrant the issuance of this Order, the 

public health, safety and interest require 

that this Order be effective immediately. 

III 

Accordingly, pursuant to Sections 81, 

147, 149, 161b, 161i, 161o, 182 and 186 

of the Atomic Energy Act of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202, 10 CFR 

parts 30 and 73, it is hereby ordered, 

effective immediately, that all licensees 

identified in attachment 1 to this order 

and all other persons who seek or obtain 

access to safeguards information, as 

described above, shall comply with the 

requirements set forth in this order. 

A. 1. No person may have access to 

Safeguards Information unless that 

person has a need-to-know the SGI, has 

been fingerprinted or who has a 

favorably-decided FBI identification and 

criminal history records check, and 

satisfies all other applicable 

requirements for access to SGI. 

Fingerprinting and the FBI 

identification and criminal history 

records check are not required, 

however, for any person who is relieved 

from that requirement by 10 CFR 73.59 

(71 FR 33989 (June 13, 2006)), or who 

has a favorably-decided U.S. 

Government criminal history check 

within the last five (5) years, or who has 

an active federal security clearance, 

provided in either case that the 

appropriate documentation is made 

available to the Licensee’s NRCapproved reviewing official. 

2. No person may have access to any 

Safeguards Information if the NRC has 

determined, based on fingerprinting and 

an FBI identification and criminal 

history records check, that the person 

may not have access to SGI. 

B. No person may provide SGI to any 

other person except in accordance with 

Condition III.A. above. Prior to 

providing SGI to any person, a copy of 

this Order shall be provided to that 

person. 

C. All Licensees identified in 

Attachment 1 to this Order shall comply 

with the following requirements: 

1. The Licensee shall, within twenty 

(20) days of the date of this Order, 

establish and maintain a fingerprinting 

program that meets the requirements of 

Attachment 2 to this Order. 

2. The Licensee shall, within twenty 

(20) days of the date of this Order, 

submit the fingerprints of one (1) 

individual who currently has access to 

SGI in accordance with the previouslyissued NRC Orders, who continues to 

need access to Safeguards Information, 

and who the Licensee nominates as the 

‘‘reviewing official’’ for determining 

access to SGI by other individuals. The 

NRC will determine whether this 

individual (or any subsequent reviewing 

official) may have access to SGI and, 

therefore, will be permitted to serve as 

the Licensee’s reviewing official.4 The 

Licensee may, at the same time or later, 

submit the fingerprints of other 

individuals to whom the Licensee seeks 

to grant access to SGI. Fingerprints shall 

be submitted and reviewed in 

accordance with the procedures 

described in Attachment 2 of this Order. 

3. The Licensee may allow any 

individual who currently has access to 

SGI in accordance with the previouslyissued NRC Orders to continue to have 

access to previously-designated SGI 

without being fingerprinted, pending a 

decision by the NRC-approved 

reviewing official (based on 

fingerprinting, an FBI criminal history 

records check and a trustworthy and 

reliability determination) that the 

individual may continue to have access 

to SGI. The Licensee shall make 

determinations on continued access to 

SGI by November 20, 2006, in part on 

the results of the fingerprinting and 

criminal history check, for those 

individuals that were previously 

granted access to SGI before the 

issuance of this Order. 

4. The Licensee shall, in writing, 

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 the Order, 

including Attachment 2, or (2) if 

compliance with any of the 

requirements is unnecessary in its 

specific circumstances. The notification 

shall provide the Licensee’s justification 

for seeking relief from or variation of 

any specific requirement. 

Licensee responses to C.1., C.2., C.3., 

and C.4. above shall be submitted to the 

Director, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555. In addition, Licensee 

responses shall be marked as ‘‘SecurityRelated Information—Withhold Under 

10 CFR 2.390.’’

The Director, Office of Nuclear 

Material Safety and Safeguards, may in 

writing, relax or rescind any of the 

above conditions upon demonstration of 

good cause by the Licensee. 


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

IV 

In accordance with 10 CFR 2.202, the 

Licensee must, and any other person 

adversely affected by this Order may, 

submit an answer to this Order, and 

may request a hearing on this Order, 

within twenty (20) days of the date of 

this Order. Where good cause is shown, 

consideration will be given to extending 

the time to request a hearing. A request 

for extension of time in which to submit 

an answer or request a hearing must be 

made in writing to the Director, Office 

of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

and include a statement of good cause 

for the extension. The answer may 

consent to this Order. Unless the answer 

consents to this Order, the answer shall, 

in writing and under oath or 

affirmation, specifically set forth the 

matters of fact and law on which the 

Licensee or other person adversely 

affected relies and the reasons as to why 

the Order should not have been issued. 

Any answer or request for a hearing 

shall be submitted to the Secretary, 

Office of the Secretary, U.S. Nuclear 

Regulatory Commission, Attn: 

Rulemakings and Adjudications Staff, 

Washington, DC 20555. Copies also 

shall be sent to the Director, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555, to the Assistant 

General Counsel for Materials Litigation 

and Enforcement at the same address, 

and to the Licensee if the answer or 

hearing request is by a person other than 

the Licensee. Because of possible delays 

in delivery of mail to United States 

Government offices, it is requested that 

answers and requests for hearing be 

transmitted to the Secretary of the 

Commission either by means of 

facsimile transmission to 301–415–1101 

or by e-mail to hearingdocket@nrc.gov 

and also to the Office of the General 

Counsel either by means of facsimile 

transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. If a 

person other than the Licensee 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. 

If a hearing is requested by the 

Licensee or a person whose interest is 

adversely affected, the Commission will 

issue an Order designating the time and 

place of any hearing. If a hearing is held, 

the issue to be considered at such 

hearing shall be whether this Order 

should be sustained. 

Pursuant to 10 CFR 2.202(c)(2)(I), the 

Licensee may, in addition to demanding 

a hearing, at the time the answer is filed 

or sooner, move the presiding officer to 

set aside the immediate effectiveness of 

the Order on the ground that the Order, 

including the need for immediate 

effectiveness, is not based on adequate 

evidence but on mere suspicion, 

unfounded allegations, or error. In the 

absence of any request for hearing, or 

written approval of an extension of time 

in which to request a hearing, the 

provisions as specified above in Section 

III shall be final twenty (20) days from 

the date of this Order without further 

order or proceedings. If an extension of 

time for requesting a hearing has been 

approved, the provisions as specified 

above in Section III shall be final when 

the extension expires if a hearing 

request has not been received. An 

answer or a request for hearing shall not 

stay the immediate effectiveness of this 

order. 

Dated this 21st day of August 2006. 

For the Nuclear Regulatory Commission. 

Jack R. Strosnider, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

Attachment 1: List of Applicable 

Licensees—Redacted 

Attachment 2: Requirements for 

Fingerprinting and Criminal History 

Checks of Individuals When Licensee’s 

Reviewing Official is Determining 

Access to Safeguards Information 

General Requirements 

Licensees shall comply with the 

requirements of this attachment. 

A. 1. Each Licensee subject to the 

provisions of this attachment shall 

fingerprint each individual who is 

seeking or permitted access to 

Safeguards Information (SGI). The 

Licensee shall review and use the 

information received from the Federal 

Bureau of Investigation (FBI) and ensure 

that the provisions contained in the 

subject Order and this attachment are 

satisfied. 

2. The Licensee shall notify each 

affected individual that the fingerprints 

will be used to secure a review of his/ 

her criminal history record and inform 

the individual of the procedures for 

revising the record or including an 

explanation in the record, as specified 

in the ‘‘Right to Correct and Complete 

Information’’ section of this attachment. 

3. Fingerprints need not be taken if an 

employed individual (e.g., a Licensee 

employee, contractor, manufacturer, or 

supplier) is relieved from the 

fingerprinting requirement by 10 CFR 

73.59, has a favorably-decided U.S. 

Government criminal history check 

within the last five (5) years, or has an 

active federal security clearance. 

Written confirmation from the Agency/ 

employer which granted the federal 

security clearance or reviewed the 

criminal history check must be 

provided. The Licensee must retain this 

documentation for a period of three (3) 

years from the date the individual no 

longer requires access to SGI associated 

with the Licensee’s activities. 

4. All fingerprints obtained by the 

Licensee pursuant to this Order must be 

submitted to the Commission for 

transmission to the FBI. 

5. The Licensee shall review the 

information received from the FBI and 

consider it, in conjunction with the 

trustworthy and reliability requirements 

of the previously-issued NRC Orders, in 

making a determination whether to 

grant access to Safeguards Information 

to individuals who have a need-to-know 

the SGI. 

6. The Licensee shall use any 

information obtained as part of a 

criminal history records check solely for 

the purpose of determining an 

individual’s suitability for access to 

Safeguards Information. 

7. The Licensee shall document the 

basis for its determination whether to 

grant access to SGI. 

B. The Licensee shall notify the NRC 

of any desired change in reviewing 

officials. The NRC will determine 

whether the individual nominated as 

the new reviewing official may have 

access to Safeguards Information based 

on a previously-obtained or new 

criminal history check and, therefore, 

will be permitted to serve as the 

Licensee’s reviewing official. 

Prohibitions 

A Licensee shall not base a final 

determination to deny an individual 

access to Safeguards Information solely 

on the basis of information received 

from the FBI involving: an arrest more 

than one (1) year old for which there is 

no information of the disposition of the 

case, or an arrest that resulted in 

dismissal of the charge or an acquittal. 

A Licensee shall not use information 

received from a criminal history check 

obtained pursuant to this Order in a 

manner that would infringe upon the 

rights of any individual under the First 

Amendment to the Constitution of the 

United States, nor shall the Licensee use 

the information in any way which 

would discriminate among individuals 

on the basis of race, religion, national 

origin, sex, or age. 

Procedures for Processing Fingerprint 

Checks 

For the purpose of complying with 

this Order, Licensees shall, using an 


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

appropriate method listed in 10 CFR 

73.4, submit to the NRC’s Division of 

Facilities and Security, Mail Stop T–

6E46, one completed, legible standard 

fingerprint card (Form FD–258, 

ORIMDNRCOOOZ) or, where 

practicable, other fingerprint records for 

each individual seeking access to 

Safeguards Information, 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 due to illegible or 

incomplete cards. 

The NRC will review submitted 

fingerprint cards for completeness. Any 

Form FD–258 fingerprint record 

containing omissions or evident errors 

will be returned to the Licensee for 

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. 

Fees for processing fingerprint checks 

are due upon application. Licensees 

shall submit payment with the 

application for processing fingerprints 

by 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–

7739]. Combined payment for multiple 

applications is acceptable. The 

application fee (currently $27) 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. 

The Commission will forward to the 

submitting Licensee all data received 

from the FBI as a result of the Licensee’s 

application(s) for criminal history 

checks, including the FBI fingerprint 

record. 

Right to Correct and Complete 

Information 

Prior to any final adverse 

determination, the Licensee shall make 

available to the individual the contents 

of any criminal records obtained from 

the FBI for the purpose of assuring 

correct and complete information. 

Written confirmation by the individual 

of receipt of this notification must be 

maintained by the Licensee for a period 

of one (1) year from the date of the 

notification. 

If, after reviewing the record, an 

individual believes that it is incorrect or 

incomplete in any respect and wishes to 

change, correct, or update the alleged 

deficiency, or to explain any matter in 

the record, the individual may initiate 

challenge procedures. These procedures 

include either direct application by the 

individual challenging the record to the 

agency (i.e., law enforcement agency) 

that contributed the questioned 

information, or direct challenge as to the 

accuracy or completeness of any entry 

on the criminal history record to the 

Assistant Director, Federal Bureau of 

Investigation Identification Division, 

Washington, DC 20537–9700 (as set 

forth in 28 CFR 16.30 through 16.34). In 

the latter case, the FBI forwards the 

challenge to the agency that submitted 

the data and requests that agency to 

verify or correct the challenged entry. 

Upon receipt of an official 

communication directly from the agency 

that contributed the original 

information, the FBI Identification 

Division makes any changes necessary 

in accordance with the information 

supplied by that agency. The Licensee 

must provide at least ten (10) days for 

an individual to initiate an action 

challenging the results of an FBI 

criminal history records check after the 

record is made available for his/her 

review. The Licensee may make a final 

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. Access to SGI shall not be 

granted to an individual during the 

review process. 

Protection of Information 

1. Each Licensee who obtains a 

criminal history record on an individual 

pursuant to this Order shall establish 

and maintain a system of files and 

procedures for protecting the record and 

the personal information from 

unauthorized disclosure. 

2. The Licensee may not disclose the 

record or personal information collected 

and maintained to persons other than 

the subject individual, his/her 

representative, or to those who have a 

need to access the information in 

performing assigned duties in the 

process of determining access to 

Safeguards Information. No individual 

authorized to have access to the 

information may re-disseminate the 

information to any other individual who 

does not have a need-to-know. 

3. The personal information obtained 

on an individual from a criminal history 

record check may be transferred to 

another Licensee if the gaining Licensee 

receives the individual’s written request 

to re-disseminate the information 

contained in his/her file, and the 

gaining Licensee verifies information 

such as the individual’s name, date of 

birth, social security number, sex, and 

other applicable physical characteristics 

for identification purposes. 

4. The Licensee shall make criminal 

history records, obtained under this 

section, available for examination by an 

authorized representative of the NRC to 

determine compliance with the 

regulations and laws. 

5. The Licensee shall retain all 

fingerprint and criminal history records 

received from the FBI, or a copy if the 

individual’s file has been transferred, 

for three (3) years after termination of 

employment or determination of access 

to SGI. After the required three (3) year 

period, these documents shall be 

destroyed by a method that will prevent 

reconstruction of the information in 

whole or in part. 

[FR Doc. 06–7283 Filed 8–30–06; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Excepted Service 

AGENCY: Office of Personnel 

Management (OPM). 

ACTION: Notice. 

SUMMARY: This gives notice of OPM 

decisions granting authority to make 

appointments under Schedules A, B, 

and C in the excepted service as 

required by 5 CFR 6.6 and 213.103. 

FOR FURTHER INFORMATION CONTACT: 

David Guilford, Center for Leadership 

and Executive Resources Policy, 

Division for Strategic Human Resources 

Policy, 202–606–1391. 


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