Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 25789 

BR–0254. In addition, at the time payment is 

made, the licensee shall submit a statement 

indicating when and by what method 

payment was made, to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, One White Flint North, 11555 

Rockville Pike, Rockville, MD 20852–2738. 

V 

The Licensee may request a hearing 

within 30 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 must be made in 

writing to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, and include a statement of good 

cause for the extension. A request for a 

hearing should be clearly marked as a 

‘‘Request for an Enforcement Hearing’’

and shall be submitted to the Secretary, 

U.S. Nuclear Regulatory Commission, 

ATTN: Rulemakings and Adjudications 

Staff, Washington, DC 20555–0001. 

Copies also shall be sent to the Director, 

Office of Enforcement, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, to the Assistant 

General Counsel for Materials Litigation 

and Enforcement at the same address, 

and to the Regional Administrator, NRC 

Region I, 475 Allendale Rd., King of 

Prussia, PA 19406. If a hearing is 

requested, the Commission will issue an 

Order designating the time and place of 

the hearing. If the Licensee fails to 

request a hearing within 30 days of the 

date of this Order, or if written approval 

of an extension of time in which to 

request a hearing has not been granted, 

the provisions of this Order shall be 

effective without further proceedings. If 

payment has not been made by that 

time, the matter may be referred to the 

Attorney General, for collection. 

In the event the Licensee requests a 

hearing as provided above, the issues to 

be considered at such hearing shall be: 

(a) Whether the Licensee was in 

violation of the Commission’s 

requirements as set forth in the Notice 

referenced in Section II above, and 

(b) Whether, on the basis of such 

violation, this Order should be 

sustained. 

For the Nuclear Regulatory Commission. 

Dated this 30th day of April 2007. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E7–8672 Filed 5–4–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Nuclear 

Waste; Revised 

The 179th Advisory Committee on 

Nuclear Waste (ACNW) meeting 

scheduled to be held on May 16–17, 

2007, Room T–2B3, Two White Flint 

North, 11545 Rockville Pike, Rockville, 

Maryland has been revised as noted 

below. Notice of this meeting was 

previously published in the Federal 

Register on Thursday, April 26, 2007 

(72 FR 20889). 

The discussion of the item on Yucca 

Mountain Preclosure Repository Design: 

NRC Staff Review Readiness and Views 

on the Issues, scheduled between 1 p.m. 

and 4 p.m. on Wednesday, May 16, 

2007, is now scheduled between 1 p.m. 

and 3:30 p.m. 

The discussion of the topic on NCRP 

Study on Radiation Exposure of U.S. 

Population, scheduled between 4 p.m.—

6 p.m. on Wednesday, May 16, 2007 has 

been canceled. A discussion of ACNW 

Letter Reports will now take place 

between 3:45 p.m. and 5:30 p.m on 

Wednesday, May 16, 2007. All the other 

items remain the same as previously 

published in the Federal Register on 

Thursday, April 26, 2007 (72 FR 20889). 

For further information, contact Mr. 

Antonio L. Dias, (Telephone 301–415–

6805), between 6:45 a.m. and 4:30 p.m., 

ET. 

Dated: May 1, 2007. 

Andrew L. Bates, 

Advisory Committee Management Officer. 

[FR Doc. E7–8676 Filed 5–4–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–07–086] 

In the Matter of Certain Fuel Cycle 

Licensees and All Other Persons Who 

Seek or Obtain Authorized Unescorted 

Access to Radioactive Material or 

Other Property Described Herein; 

Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted Access 

to Certain Radioactive Material or 

Other Property (Effective Immediately) 

I 

The Licensees identified in 

Attachment 1 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), authorizing them to 

possess radioactive materials. 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 individual who is 

permitted unescorted access to 

radioactive material or other property 

subject to regulation by the 

Commission, and which the 

Commission determines to be of such 

significance to the public health and 

safety or the common defense and 

security as to warrant fingerprinting and 

background checks. Though a 

rulemaking to implement the 

fingerprinting provisions of the EPAct is 

currently underway, the NRC has 

decided to implement this particular 

requirement by Order, in part, prior to 

the completion of the rulemaking 

because a deliberate malevolent act by 

an individual with unescorted access to 

radioactive material or other property 

has a potential to result in significant 

adverse impacts to the public health and 

safety or the common defense and 

security. 

Those exempted from fingerprinting 

requirements under 10 CFR 73.61 [72 

FR 4945 (February 2, 2007)] are also 

exempt from the fingerprinting 

requirements under this Order. In 

addition, individuals who have had a 

favorably-decided U.S. Government 

criminal history records check within 

the last five (5) years, or individuals 

who have an active federal security 

clearance (provided in either case that 

they make available the appropriate 

documentation), have satisfied the 

EPAct fingerprinting requirement and 

need not be fingerprinted again. Also, 

individuals who have been 

fingerprinted and granted access to SGI 

by the reviewing official under the 

previous fingerprinting order, ‘‘Order 

Imposing Fingerprinting and Criminal 

History Check Requirements for Access 

to Safeguards Information,’’ do not need 

to be fingerprinted again. 

Subsequent to the terrorist events of 

September 11, 2001, the NRC issued 

security Orders requiring certain entities 

to implement Additional Security 

Measures (ASMs) or Interim 

Compensatory Measures (ICMs) for 

certain radioactive material. The 

requirements imposed by these Orders 

and the measures licensees have 

developed to comply with that Order, 

were designated by the NRC as 

Safeguards Information (SGI) and were 

not released to the public. These Orders 

included a local criminal history 

records check to determine 

trustworthiness and reliability of 

individuals seeking unescorted access to 


pwalker on PROD1PC71 with NOTICES
25790 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 

radioactive material or other property. 

‘‘Access’’ means that an individual 

could exercise some physical control 

over the material or device. In 

accordance with Section 149 of the 

AEA, as amended by the EPAct, the 

Commission is imposing FBI criminal 

history records check requirements, for 

all individuals allowed unescorted 

access to protected areas, secure areas, 

and other areas, as applicable, as set 

forth in the Order, for the Licensees 

identified in Attachment 1 to this Order. 

These requirements will remain in effect 

until the Commission determines 

otherwise. 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. 

II 

Accordingly, pursuant to Sections 53, 

62, 63, 81, 147, 149, 161b, 161i, 161o, 

182 and 186 of the AEA of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202, 10 CFR 

Part 40, 10 CFR Part 70 and 10 CFR Part 

73, It is hereby ordered, effective 

immediately, that all licensees 

identified in attachment 1 and all other 

persons who seek or obtain unescorted 

access to radioactive material or other 

property described herein shall comply 

with the requirements set forth in this 

Order. 

A. All Licensee identified in 

Attachment 1 to this Order 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, for unescorted access to 

radioactive material or other property. 

B. All Licensees identified in 

Attachment 1 to this Order shall, in 

writing, within twenty (20) days from 

the date of this Order, notify the 

Commission: (1) Of receipt and 

confirmation that compliance with the 

Order will be achieved, (2) if unable to 

comply with any of the requirements 

described in Attachment 2, or (3) if 

compliance with any of the 

requirements are unnecessary in its 

specific circumstances. The notification 

shall provide the Licensee’s justification 

for seeking relief from, or variation of, 

any specific requirement. 

C. In accordance with the NRC’s 

‘‘Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Access to Safeguards 

Information,’’ only an NRC-approved 

reviewing official shall review the 

results of a FBI criminal history records 

check. The reviewing official shall 

determine whether an individual may 

have, or continue to have, unescorted 

access to radioactive material or other 

property. Fingerprinting and the FBI 

identification and criminal history 

records check are not required for 

individuals that are exempted from 

fingerprinting requirements under 10 

CFR 73.61 [72 FR 4945 (February 2, 

2007)]. In addition, individuals who 

have had a favorably-decided U.S. 

Government criminal history records 

check within the last five (5) years, or 

have an active Federal security 

clearance (provided in each case that 

the appropriate documentation is made 

available to the Licensee’s reviewing 

official), have satisfied the EPAct 

fingerprinting requirement and need not 

be fingerprinted again. 

D. Fingerprints shall be submitted and 

reviewed in accordance with the 

procedures described in Attachment 2 

to this Order. Individuals who have 

been fingerprinted and granted access to 

SGI by the reviewing official, under the 

NRC’s ‘‘Order Imposing Fingerprinting 

and Criminal History Check 

Requirements for Access to Safeguards 

Information’’ do not need to be 

fingerprinted again for purposes of 

authorizing unescorted access. No 

person may have access to SGI or 

unescorted access to any radioactive 

material or property subject to 

regulation by the NRC if the NRC has 

determined, in accordance with its 

administrative review process based on 

fingerprinting and an FBI identification 

and criminal history records check, 

either that the person may not have 

access to SGI or that the person may not 

have unescorted access to radioactive 

material or property subject to 

regulation by the NRC. 

E. The Licensee may allow any 

individual who currently has 

unescorted access to radioactive 

material or other property, in 

accordance with the ASM or ICM 

Security Orders, to continue to have 

unescorted access, pending a decision 

by the reviewing official (based on 

fingerprinting, an FBI criminal history 

records check and a trustworthiness and 

reliability determination) that the 

individual may continue to have 

unescorted access to radioactive 

material or other property. The Licensee 

shall complete implementation of the 

requirements of Attachment 2 to this 

Order within ninety (90) days from the 

date of issuance of this Order. 

Licensee responses to Condition B. 

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 CRF 

2.390’’, or as ‘‘Official Use Only—

Department of Energy,’’ as applicable. 

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. 

III 

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 regarding this 

Order, within twenty (20) days from the 

date of this Order. Where good cause is 

shown, consideration will be given to 

extending the time to either submit an 

answer or 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 for 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 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 the Licensee, if the answer or 

hearing request is by an individual 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 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 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 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 25791 

Order and shall address the criteria set 

forth in 10 CFR 2.309. 

If a hearing is requested by the 

Licensee or an individual whose interest 

is adversely affected, the Commission 

will issue an Order designating the time 

and place of a 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 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 a hearing shall not stay the 

immediate effectiveness of this order. 

Dated this 30th day of April 2007. 

For the Nuclear Regulatory Commission. 

Michael F. Weber, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

Attachment 1: List of Applicable Licensees 

License No. SNM–1168, Docket No. 70–1201, 

AREVA NP, Inc., Lynchburg, VA. 

License No. SNM–1227, Docket No. 70–1257, 

AREVA NP, Inc., Richland, WA. 

License No. SNM–42, Docket No. 70–27, 

BWXT Technologies, Inc., Lynchburg, VA. 

License No. SNM–1097, Docket No. 70–1113, 

Global Nuclear Fuel—Americas, LLC, 

Wilmington, NC. 

License No. SUB–526, Docket No. 40–3392, 

Honeywell International, Inc., Metropolis, 

IL. 

License No. SNM–2010, Docket No. 70–3103, 

Louisiana Energy Services, L.P. (LES), Lea 

County, New Mexico. 

License No. SNM–124, Docket No. 70–143, 

Nuclear Fuel Services, Erwin, TN. 

License No. SNM–1107, Docket No. 70–1151, 

Westinghouse Electric Company LLC, 

Columbia, SC. 

Attachment 2: Requirements for 

Fingerprinting and Criminal History 

Records Checks of Individuals When 

Licensee’s Reviewing Official Is Determining 

Unescorted Access to Radioactive Material 

or Other Property 

General Requirements 

Licensees shall comply with the following 

requirements of this Attachment. 

1. Each Licensee subject to the provisions 

of this Attachment shall fingerprint each 

individual who is seeking or permitted 

unescorted access to radioactive material or 

other property. 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 for unescorted access 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 

73.61 for unescorted access, 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 unescorted 

access to radioactive material or other 

property 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’s Reviewing Official shall 

review the information received from the FBI 

and consider it, in conjunction with the 

trustworthiness and reliability requirements 

established by the previous ASM or ICM 

Security Orders, in making a determination 

whether to grant, or continue to allow, 

unescorted access to radioactive material or 

other property. 

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 unescorted 

access to the radioactive material or other 

property. 

7. The Licensee shall document the basis 

for its determination whether to grant, or 

continue to allow, unescorted access to the 

radioactive material or other property. 

Prohibitions 

A Licensee shall not base a final 

determination to deny an individual access 

to radioactive material or other property 

solely on information received from the FBI 

involving an arrest more than one (1) year 

old, for which there is no information as to 

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 records 

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 

Nuclear Regulatory Commission’s (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 unescorted access to radioactive 

material or other property, 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 

via 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 

resubmission. 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 


pwalker on PROD1PC71 with NOTICES
25792 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 

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 the record 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 

allow 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 for unescorted access to 

radioactive material or other property based 

on the criminal history records check, only 

upon receipt of the FBI’s ultimate 

confirmation or correction of the record. 

Upon a final adverse determination for 

unescorted access to radioactive material or 

other property, the Licensee shall provide the 

individual its documented basis for denial. 

During this review process for assuring 

correct and complete information, unescorted 

access to radioactive material or other 

property shall not be granted to an 

individual. 

Protection of Information 

1. Each Licensee who obtains a criminal 

history records check for 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 nor 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 radioactive material or other property. 

No individual authorized to have access to 

the information may redisseminate the 

information to any other individual who does 

not have a need-to-know. 

3. The personal information obtained on an 

individual from a criminal history records 

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 radioactive material or 

other property. 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. E7–8666 Filed 5–4–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–07–087] 

In the Matter of Certificate Holders and 

All Other Persons Who Seek or Obtain 

Authorized Unescorted Access to 

Radioactive Material or Other Property 

Described Herein; Order Imposing 

Fingerprinting and Criminal History 

Records Check Requirements for 

Unescorted Access to Certain 

Radioactive Material or Other Property 

(Effective Immediately) 

I 

The Certificate Holders identified in 

Attachment 1 to this Order hold 

certificates issued in accordance with 

the Atomic Energy Act (AEA) of 1954, 

as amended, by the U.S. Nuclear 

Regulatory Commission (NRC), 

authorizing them to possess radioactive 

material. 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 

individual who is permitted unescorted 

access to radioactive material or other 

property subject to regulation by the 

Commission, and which the 

Commission determines to be of such 

significance to the public health and 

safety or the common defense and 

security as to warrant fingerprinting and 

background checks. Though a 

rulemaking to implement the 

fingerprinting provisions of the EPAct is 

currently underway, the NRC has 

decided to implement this requirement, 

in part, prior to the completion of the 

rulemaking, because a deliberate 

malevolent act by an individual with 

unescorted access to radioactive 

material or other property has a 

potential to result in significant adverse 

impacts to the public health and safety 

or the common defense and security. 

Those exempted from fingerprinting 

requirements under 10 CFR 73.61 [72 

Federal Register 4945 (February 2, 

2007)] are also exempt from the 

fingerprinting requirements under this 

Order. In addition, individuals who 

have had a favorably-decided U.S. 

Government criminal history records 

check within the last five (5) years, or 

individuals who have an active federal 

security clearance (provided in either 

case that they make available the 

appropriate documentation), have 

satisfied the EPAct fingerprinting 

requirement and need not be 

fingerprinted again. 

Subsequent to the terrorist events of 

September 11, 2001, the NRC issued 

security Orders requiring certain entities 

to implement Additional Security 

Measures (ASMs) or Interim 

Compensatory Measures (ICMs) for 

certain radioactive material. These 

Orders included a local criminal history 

records check to determine 

trustworthiness and reliability of 

individuals needing unescorted access 

to radioactive material or other 

property. ‘‘Access’’ means that an 

individual could exercise some physical 

control over the material or device. In 

accordance with Section 149 of the 

AEA, as amended by the EPAct, the 

Commission is imposing FBI criminal 

history records check requirements, for 

all individuals allowed unescorted 

access to protected areas, secure areas, 

and other areas, as applicable, as set 

forth in the Order, for the Certificate 

Holders identified in Attachment 1 to 

this Order. These requirements will 

remain in effect until the Commission 

determines otherwise. 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. 


pwalker on PROD1PC71 with NOTICES