[Federal Register Volume 72, Number 91 (Friday, May 11, 2007)]
[Notices]
[Pages 26850-26852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9122]


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NUCLEAR REGULATORY COMMISSION


Order Imposing Fingerprinting and Criminal History Records Check 
Requirements for Unescorted Access to All Research and Test Reactor 
Licensees Identified in Attachment 1 (Effective Immediately); 
Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Correction.

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SUMMARY: This document corrects a notice appearing in the Federal 
Register on May 4, 2007 (72 FR 25337). This action is necessary to 
publish an attachment that was inadvertently omitted.

FOR FURTHER INFORMATION CONTACT: Daniel S. Collins, Branch Chief, 
Research and Test Reactors Branch A, Division of Policy and Rulemaking, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone (301) 415-8707, e-mail 
<a href="/cdn-cgi/l/email-protection#ff9b879ccebf918d9cd1989089"><span class="__cf_email__" data-cfemail="8aeef2e9bbcae4f8e9a4ede5fc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: A document was published on May 4, 2007 (72 
FR 25337), that should have included an Attachment 2. This document is 
published to include Attachment 2.


[[Page 26851]]


    Dated at Rockville, Maryland, this 7th day of May 2007.

    For the Nuclear Regulatory Commission.
Daniel S. Collins,
Branch Chief, Research and Test Reactors, Branch A, Division of Policy 
and Rulemaking, Office of Nuclear Reactor Regulation.

Attachment 2--Requirements for Fingerprinting and Criminal History 
Checks of Individuals for Determining Unescorted Access

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 as defined in the associated Order. 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 again if an 
individual who has a favorably-decided U.S. Government criminal history 
check within the last five (5) years, or who has an active federal 
security clearance, which included a U.S. Government criminal history 
check. Written confirmation from the Agency/employer which granted the 
federal security clearance or reviewed the criminal history check must 
be provided for these cases. The Licensee must retain this 
documentation for a period of three (3) years from the date the 
individual no longer requires unescorted access.
    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 other requirements for 
unescorted access, in making a determination whether to grant, or 
continue to allow, unescorted access.
    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.
    7. The Licensee shall document the basis for its determination 
whether to grant, or continue to allow, unescorted access.

Prohibitions

    A Licensee shall not base a final determination to deny an 
individual unescorted access 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 
unescorted access, 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 
<a href="/cdn-cgi/l/email-protection#680e071a051b28061a0b460f071e"><span class="__cf_email__" data-cfemail="10767f627d63507e62733e777f66">[email protected]</span></a>. 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 re-submission 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 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

[[Page 26852]]

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 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, the Licensee shall provide the individual its 
documented basis for denial. Unescorted access shall not be granted to 
an individual during the review process, except as allowed by the 
Order.

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. 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 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 denial to unescorted access. 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. E7-9122 Filed 5-10-07; 8:45 am]
BILLING CODE 7590-01-P


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