Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12209 

1Attachment 1 to Order EA–07–050 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. 

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 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 part 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 

determination on unescorted access to 

the panoramic or underwater irradiator 

sealed sources 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 unescorted 

access to the panoramic or underwater 

irradiator sealed sources, the Licensee 

shall provide the individual its 

documented basis for denial. 

Unescorted access to the panoramic or 

underwater irradiator sealed sources 

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 unescorted 

access to the panoramic or underwater 

irradiator sealed sources. 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 Licensee holding 

the criminal history record receives the 

individual’s written request to redisseminate the information contained 

in his/her file, and the gaining Licensee 

verifies information such as the 

individual’s name, date of birth, social 

security number, sex, and other 

applicable physical characteristics for 

identification purposes. 

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 denial to unescorted 

access to the panoramic or underwater 

irradiator sealed sources. 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. E7–4735 Filed 3–14–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–07–051] 

In the Matter of All Licensees Identified 

in Attachment 1 to Order EA–07–050 

and All Other Persons Who Seek or 

Obtain Access to Safeguards 

Information Described Herein; Order 

Imposing Fingerprinting and Criminal 

History Records Check Requirements 

for Access to Safeguards Information 

(Effective Immediately) 

I 

The Licensees identified in 

Attachment 1 1 to Order EA–07–050 are 

applicants for, or 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, 


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12210 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / 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 5 to the transmittal letter of 

this Order is an administrative determination that 

is outside the scope of this Order. 

which is underway, because the EPAct 

fingerprinting and criminal history 

records 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 part 73.59, 71 FR 

33,989 (June 13, 2006))], it is unlikely 

that licensee employees or others are 

excepted from the fingerprinting 

requirement by the ‘‘fingerprinting 

relief’’ rule. Individuals relieved from 

fingerprinting and criminal history 

records 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 records check within 

the last five (5) years, or 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, from any person,3 whether or 

not a Licensee, Applicant, or Certificate 

Holder of the Commission or Agreement 

States. 

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, no 

person may have access to SGI unless 

the person has an established need-toknow the information and satisfies the 

trustworthy and reliability requirements 

described in Attachment 3 to Order EA–

07–050. 

In order to provide assurance that the 

Licensees identified in Attachment 1 to 

Order EA–07–050 are implementing 

appropriate measures to comply with 

the fingerprinting and criminal history 

records check requirements for access to 

SGI, all Licensees identified in 

Attachment 1 to Order EA–07–050 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 order EA–

07–050 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 

SGI unless that person has a need-toknow 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 33,989 (June 13, 2006))], or who 

has a favorably-decided U.S. 

Government criminal history records 

check within the last five (5) years, or 

who has an active Federal security 

clearance, provided in the latter two 

cases that the appropriate 

documentation is made available to the 

Licensee’s NRC-approved reviewing 

official. 

2. No person may have access to any 

SGI 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 Order EA–07–050 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 1 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 (a) the Licensee 

nominates as the ‘‘reviewing official’’

for determining access to SGI by other 

individuals, and (b) has an established 

need-to-know the information and has 

been determined to be trustworthy and 

reliable in accordance with the 

requirements described in Attachment 3 

to Order EA–07–050. 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 1 

of this Order. 

3. 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 this Order, 

including Attachment 1 to this Order, 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., and 

C.3. above shall be submitted to the 

Director, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555. In addition, Licensee 

responses shall be marked as ‘‘SecurityVerDate Aug<31>2005 14:20 Mar 14, 2007 Jkt 211001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\15MRN1.SGM 15MRN1

rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12211 

Related Information—Withhold Under 

10 CFR 2.390.’’

The Director, Office of Federal and 

State Materials and Environmental 

Management Programs, may, in writing, 

relax or rescind any of the above 

conditions upon demonstration of good 

cause by the Licensee. 

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 Federal and State Materials and 

Environmental Management Programs, 

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 Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555, and 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 8th day of March 2007. 

For The Nuclear Regulatory Commission. 

Charles L. Miller, 

Director, Office of Federal and State Materials 

and Environmental Management Programs. 

Attachment 1: Requirements for 

Fingerprinting and Criminal History 

Records Checks of Individuals When 

Licensee’s Reviewing Official is 

Determining Access to Safeguards 

Information. 

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 

Part 73.59, has 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 requirements 

included in Attachment 3 to this Order, 

in making a determination whether to 

grant access to SGI 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 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. 

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 


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12212 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 

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 

part 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 part 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 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 

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 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 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 3 years after termination of 

employment or determination of access 

to SGI (whether access was approved or 

denied). 

After the required 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. E7–4749 Filed 3–14–07; 8:45 am] 

BILLING CODE 7590–01–P 


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