Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices 10567 

1Safeguards 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. 

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 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 SGI, 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 to 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) 415–7404]. 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 records 

submitted by the NRC on behalf of a licensee, 

and an NRC processing fee, which covers 

administrative costs associated with the 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 records 

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 redisseminate the information to any other 

individual who does not have a need-toknow. 

3. The personal information obtained on an 

individual from a criminal history record 

check may be transferred to another licensee 

if the licensee holding the criminal history 

record check 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 (whether access was 

approved or denied). 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. E7–4158 Filed 3–7–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–06–231; Docket No. 70–1201; License 

No. SNM–1168] 

In the Matter of Areva NP, Inc., 

Lynchburg, Va, and All Others 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 

AREVA NP, Inc., Lynchburg, (AREVA 

NP—Lynchburg) is the holder of Special 

Nuclear Material License No. SNM–

1168, issued by the U.S. Nuclear 

Regulatory (NRC) pursuant to 10 CFR 

Part 70. AREVA NP—Lynchburg is 

authorized, by its license, to receive, 

possess, and transfer byproduct, source 

material, and special nuclear material in 

accordance with the Atomic Energy Act 

(AEA) of 1954, as amended, and 10 CFR 

Part 70. 

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).1

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 on 

enactment of the EPAct. Although the 

EPAct permits the Commission, by rule, 

to except certain categories of 

individuals from the fingerprinting 


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10568 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices 

2Person 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. 

3The 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. 

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 or certain 

foreign government organizations. In 

addition, individuals who have had 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 

person,2 from any person, whether or 

not they are a licensee, applicant, or 

certificate holder of the Commission or 

an Agreement State. 

Subsequent to the terrorist events of 

September 11, 2001, the NRC issued 

Orders requiring certain entities to 

implement Additional Security 

Measures or Interim Compensatory 

Measures for certain radioactive 

materials. The requirements imposed by 

these Orders, and certain measures that 

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 InformationModified 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 trustworthiness and reliability 

requirements of those Orders. 

To provide assurance that AREVA 

NP—Lynchburg is implementing 

appropriate measures to comply with 

the fingerprinting and criminal history 

check requirements for access to SGI, 

AREVA NP—Lynchburg 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 53, 

62, 63, 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 part 30, 10 CFR part 40, 

10 CFR part 70, and 10 CFR part 73, it 

is hereby ordered, effective 

immediately, Areva NP—Lynchburg and 

all other persons who seek or obtain 

access to safeguards information 

described herein shall comply with the 

requirements set forth in this order. 

A.1. No person may have access to 

SGI unless that person has a need-toknow the SGI, has been fingerprinted, 

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 had 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 each case that the 

appropriate documentation is made 

available to AREVA NP—Lynchburg’s 

NRC-approved reviewing official. 

2. No person may have access to SGI 

if the NRC, when making a SGI access 

determination for a nominated 

reviewing official, 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. AREVA NP—Lynchburg shall 

comply with the following 

requirements: 

1. AREVA NP—Lynchburg shall, 

within twenty (20) days of the date of 

this Order, establish and maintain a 

fingerprinting program that meets the 

requirements of the Attachment to this 

Order. 

2. AREVA NP—Lynchburg 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 

previously-issued NRC Orders, who 

continues to need access to SGI, and 

whom AREVA NP—Lynchburg 

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 AREVEA NP—

Lynchburg’s reviewing official.3 AREVA 

NP—Lynchburg may, at the same time, 

or later, submit the fingerprints of other 

individuals to whom AREVA NP—

Lynchburg seeks to grant access to SGI. 

Fingerprints shall be submitted and 

reviewed in accordance with the 

procedures described in the Attachment 

to this Order. 

3. AREVA NP—Lynchburg may allow 

any individual who currently has access 

to SGI, in accordance with the 

previously-issued NRC Orders, to 

continue to have access to previouslydesignated SGI without being 

fingerprinted, pending a decision by the 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices 10569 

NRC-approved reviewing official (based 

on fingerprinting, an FBI criminal 

history records check and a 

trustworthiness and reliability 

determination) that the individual may 

continue to have access to SGI. AREVA 

NP—Lynchburg shall make 

determinations on continued access to 

SGI, within ninety (90) days of the date 

of this Order, in part on the results of 

the fingerprinting and criminal history 

check, for those individuals who were 

previously granted access to SGI before 

the issuance of this Order. 

4. AREVA NP—Lynchburg 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 the 

Attachment; or (2) if compliance with 

any of the requirements is unnecessary 

in its specific circumstances. The 

notification shall provide AREVA NP—

Lynchburg’s justification for seeking 

relief from, or variation of, any specific 

requirement. 

AREVA NP—Lynchburg 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 

‘‘Security-Related 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 on demonstration of 

good cause by AREVA NP—Lynchburg. 

IV 

In accordance with 10 CFR 2.202, 

AREVA NP—Lynchburg must, and any 

other person adversely affected by this 

Order may, submit an answer to this 

Order, and may request a hearing 

regarding 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 an 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 by which AREVA NP—

Lynchburg, or other entities adversely 

affected, rely, 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 shall 

also 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 AREVA NP—Lynchburg if the 

answer or hearing request is by a person 

other than AREVA NP—Lynchburg. 

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 via 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 via e-mail to 

OGCMailCenter@nrc.gov. If an entity 

other than AREVA NP—Lynchburg 

requests a hearing, that entity shall set 

forth with particularity the manner in 

which its 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 AREVA 

NP—Lynchburg 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), 

AREVA NP—Lynchburg may, in 

addition to demanding a hearing, at the 

time the answer is filed, or sooner, move 

that the presiding officer 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 

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 at Rockville, Maryland, this 1st day 

of March 2007. 

For the Nuclear Regulatory Commission. 

Jack R. Strosnider, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

Attachment 1—Requirements for 

Fingerprinting and Criminal History 

Records 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 had a 

favorably-decided U.S. Government criminal 

history records 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 records 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 established by the 

previous SGI Protection Order, dated 

November 5, 2004, when making a 

determination to grant access to SGI to 

individuals who have a need-to-know. 

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 SGI. 

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 SGI based on a previouslyobtained, or new criminal history check and, 

therefore, will be permitted to serve as the 

licensee’s reviewing official. 


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10570 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices 

Prohibitions 

A licensee shall not base a final 

determination to deny an individual access 

to SGI 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 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 SGI, 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 to 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) 415–7404]. 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 records 

submitted by the NRC on behalf of a licensee, 

and an NRC processing fee, which covers 

administrative costs associated with the 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 records 

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 redisseminate the information to any other 

individual who does not have a need-toknow. 

3. The personal information obtained on an 

individual from a criminal history record 

check may be transferred to another licensee 

if the licensee holding the criminal history 

record check 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 (whether access was 

approved or denied). 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. E7–4159 Filed 3–7–07; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Pub. L. 94–409, that the 

Securities and Exchange Commission 

will hold the following meeting during 

the week of March 12, 2007: 

A Closed Meeting will be held on 

Monday, March 12, 2007 at 2 p.m. 

Commissioners, Counsels to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters may also be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a) (3), (5), (7), 9(ii) 

and (10) permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Campos, as duty 

officer, voted to consider the items 

listed for the closed meeting in a closed 

session. 

The subject matter of the Closed 

Meeting scheduled for Monday, March 

12, 2007 will be: 

Formal orders of investigation; 


sroberts on PROD1PC70 with NOTICES