24998 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 

at 1–800–397–4209 or 301–415–4737, or 

send an e-mail to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 29th day 

of April 2010. 

For the Nuclear Regulatory Commission. 

Peter S. Tam, 

Senior Project Manager, Plant Licensing 

Branch III–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–10675 Filed 5–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–62; EA–2010–048] 

In the Matter of Florida Power and 

Light Company: Turkey Point Nuclear 

Plant; Independent Spent Fuel 

Installation Order Modifying License 

(Effective Immediately) [NRC–2010– 

0171] 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Issuance of Order for 

Implementation of Additional Security 

Measures and Fingerprinting for 

Unescorted Access to Florida Power and 

Light Company. 

FOR FURTHER INFORMATION CONTACT: L. 

Raynard Wharton, Senior Project 

Manager, Licensing and Inspection 

Directorate, Division of Spent Fuel 

Storage and Transportation, Office of 

Nuclear Material Safety and Safeguards 

(NMSS), U.S. Nuclear Regulatory 

Commission (NRC), Rockville, MD 

20852. Telephone: (301) 492–3316; fax 

number: (301) 492–3348; e-mail: 

Raynard.Wharton@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to 10 CFR 2.106, NRC (or the 

Commission) is providing notice, in the 

matter of Turkey Point Nuclear Plant 

Independent Spent Fuel Storage 

Installation (ISFSI) Order Modifying 

License (Effective Immediately). 

II. Further Information 

I 

NRC has issued a general license to 

Florida Power and Light Company 

(FPL), authorizing the operation of an 

ISFSI, in accordance with the Atomic 

Energy Act of 1954, as amended, and 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 72. This 

Order is being issued to FPL because it 

has identified near-term plans to store 

spent fuel in an ISFSI under the general 

license provisions of 10 CFR Part 72. 

The Commission’s regulations at 10 CFR 

72.212(b)(5), 10 CFR 50.54(p)(1), and 10 

CFR 73.55(c)(5) require licensees to 

maintain safeguards contingency plan 

procedures to respond to threats of 

radiological sabotage and to protect the 

spent fuel against the threat of 

radiological sabotage, in accordance 

with 10 CFR Part 73, Appendix C. 

Specific physical security requirements 

are contained in 10 CFR 73.51 or 73.55, 

as applicable. 

Inasmuch as an insider has an 

opportunity equal to, or greater than, 

any other person, to commit radiological 

sabotage, the Commission has 

determined these measures to be 

prudent. Comparable Orders have been 

issued to all licensees that currently 

store spent fuel or have identified nearterm plans to store spent fuel in an 

ISFSI. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and Washington, DC, using 

large commercial aircraft as weapons. In 

response to the attacks and intelligence 

information subsequently obtained, the 

Commission issued a number of 

Safeguards and Threat Advisories to its 

licensees, to strengthen licensees’ 

capabilities and readiness to respond to 

a potential attack on a nuclear facility. 

On October 16, 2002, the Commission 

issued Orders to the licensees of 

operating ISFSIs, to place the actions 

taken in response to the Advisories into 

the established regulatory framework 

and to implement additional security 

enhancements that emerged from NRC’s 

ongoing comprehensive review. The 

Commission has also communicated 

with other Federal, State, and local 

government agencies and industry 

representatives to discuss and evaluate 

the current threat environment in order 

to assess the adequacy of security 

measures at licensed facilities. In 

addition, the Commission has 

conducted a comprehensive review of 

its safeguards and security programs 

and requirements. 

As a result of its consideration of 

current safeguards and security 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

determined that certain additional 

security measures (ASMs) are required 

to address the current threat 

environment, in a consistent manner 

throughout the nuclear ISFSI 

community. Therefore, the Commission 

is imposing requirements, as set forth in 

Attachments 1 and 2 of this Order, on 

all licensees of these facilities. These 

requirements, which supplement 

existing regulatory requirements, will 

provide the Commission with 

reasonable assurance that the public 

health and safety, the environment, and 

common defense and security continue 

to be adequately protected in the current 

threat environment. These requirements 

will remain in effect until the 

Commission determines otherwise. 

The Commission recognizes that 

licensees may have already initiated 

many of the measures set forth in 

Attachments 1 and 2 to this Order, in 

response to previously issued 

advisories, or on their own. It also 

recognizes that some measures may not 

be possible or necessary at some sites, 

or may need to be tailored to 

accommodate the specific 

circumstances existing at FPL’s facility, 

to achieve the intended objectives and 

avoid any unforeseen effect on the safe 

storage of spent fuel. 

Although the ASMs implemented by 

licensees in response to the Safeguards 

and Threat Advisories have been 

sufficient to provide reasonable 

assurance of adequate protection of 

public health and safety, in light of the 

continuing threat environment, the 

Commission concludes that these 

actions must be embodied in an Order, 

consistent with the established 

regulatory framework. 

To provide assurance that licensees 

are implementing prudent measures to 

achieve a consistent level of protection 

to address the current threat 

environment, licenses issued pursuant 

to 10 CFR 72.210 shall be modified to 

include the requirements identified in 

Attachments 1 and 2 to this Order. In 

addition, pursuant to 10 CFR 2.202, I 

find that, in light of the common 

defense and security circumstances 

described above, the public health, 

safety, and interest require that this 

Order be effective immediately. 

III 

Accordingly, pursuant to Sections 53, 

103, 104, 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 and 10 CFR Parts 50, 72, and 73, 

it is hereby ordered, Effective 

Immediately, that your general license 

is modified as follows: 

A. FPL shall comply with the 

requirements described in Attachments 

1 and 2 to this Order, except to the 

extent that a more stringent requirement 

is set forth in the Turkey Point Nuclear 

Plant’s physical security plan. FPL shall 

complete implementation of the 

requirements in Attachments 1 and 2 to 

the Order no later than 365 days from 

the date of this Order or 90 days before 

the first day that spent fuel is initially 

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Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24999 

placed in the ISFSI, whichever is 

earlier. Additionally, FPL must receive 

written verification that the ASMs have 

been adequately implemented before 

initially placing spent fuel in the ISFSI. 

B. 1. FPL shall, 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 Attachments 1 and 2; (2) if 

compliance with any of the 

requirements is unnecessary, in its 

specific circumstances; or (3) if 

implementation of any of the 

requirements would cause FPL to be in 

violation of the provisions of any 

Commission regulation or the facility 

license. The notification shall provide 

FPL’s justification for seeking relief 

from, or variation of, any specific 

requirement. 

2. If FPL considers that 

implementation of any of the 

requirements described in Attachments 

1 and 2 to this Order would adversely 

impact the safe storage of spent fuel, 

FPL must notify the Commission, 

within twenty (20) days of this Order, 

of the adverse safety impact, the basis 

for its determination that the 

requirement has an adverse safety 

impact, and either a proposal for 

achieving the same objectives specified 

in Attachments 1 and 2 requirements in 

question, or a schedule for modifying 

the facility, to address the adverse safety 

condition. If neither approach is 

appropriate, FPL must supplement its 

response, to Condition B.1 of this Order, 

to identify the condition as a 

requirement with which it cannot 

comply, with attendant justifications, as 

required under Condition B.1. 

C. 1. FPL shall, within twenty (20) 

days of this Order, submit to the 

Commission, a schedule for achieving 

compliance with each requirement 

described in Attachments 1 and 2. 

2. FPL shall report to the Commission 

when it has achieved full compliance 

with the requirements described in 

Attachments 1 and 2. 

D. All measures implemented or 

actions taken in response to this Order 

shall be maintained until the 

Commission determines otherwise. 

FPL’s response to Conditions B.1, B.2, 

C.1, and C.2, above, shall be submitted 

in accordance with 10 CFR 72.4. In 

addition, submittals and documents 

produced by FPL as a result of this 

order, that contain Safeguards 

Information as defined by 10 CFR 73.22, 

shall be properly marked and handled, 

in accordance with 10 CFR 73.21 and 

73.22. 

The Director, Office of Nuclear 

Material Safety and Safeguards, may, in 

writing, relax or rescind any of the 

above conditions, for good cause. 

IV 

In accordance with 10 CFR 2.202, FPL 

must, and any other person adversely 

affected by this Order may, submit an 

answer to this Order within 20 days of 

its publication in the Federal Register. 

In addition, FPL and any other person 

adversely affected by this Order may 

request a hearing on this Order within 

20 days of its publication in the Federal 

Register. Where good cause is shown, 

consideration will be given to extending 

the time to answer or request a hearing. 

A request for extension of time must be 

made, in writing, to the Director, Office 

of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, and include a statement of good 

cause for the extension. 

The answer may consent to this 

Order. If the answer includes a request 

for a hearing, it shall, under oath or 

affirmation, specifically set forth the 

matters of fact and law on which FPL 

relies and the reasons as to why the 

Order should not have been issued. If a 

person other than FPL 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(d). 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the internet, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at (301) 415–1677, to request (1) a 

digital ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E-Filing system does not 

support unlisted software, and the NRC 

Meta System Help Desk will not be able 

to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through EIE, users will be 

required to install a Web browser plugin from the NRC Web site. Further 

information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

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25000 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. A presiding 

officer, having granted an exemption 

request from using E-Filing, may require 

a participant or party to use E-Filing if 

the presiding officer subsequently 

determines that the reason for granting 

the exemption from use of E-Filing no 

longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested not to 

include personal privacy information, 

such as social security numbers, home 

addresses, or home phone numbers in 

their filings, unless an NRC regulation 

or other law requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

If a hearing is requested by FPL 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), FPL 

may, in addition to requesting 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 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 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 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 26th day 

of April, 2010. 

For the Nuclear Regulatory Commission. 

Michael F. Weber, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

Attachment 1—Additional Security 

Measures (ASMs) for Physical 

Protection of Dry Independent Spent 

Fuel Storage Installations (ISFSIs) 

contains Safeguards Information and is not 

included in the Federal Register Notice 

Attachment 2—Additional Security 

Measures for Access Authorization and 

Fingerprinting at Independent Spent 

Fuel Storage Installations, Dated 

December 19, 2007 

A. General Basis Criteria 

1. These additional security measures 

(ASMs) are established to delineate an 

independent spent fuel storage installation 

(ISFSI) licensee’s responsibility to enhance 

security measures related to authorization for 

unescorted access to the protected area of an 

ISFSI in response to the current threat 

environment. 

2. Licensees whose ISFSI is collocated with 

a power reactor may choose to comply with 

the U.S. Nuclear Regulatory Commission 

(NRC)-approved reactor access authorization 

program for the associated reactor as an 

alternative means to satisfy the provisions of 

sections B through G below. Otherwise, 

licensees shall comply with the access 

authorization and fingerprinting 

requirements of section B through G of these 

ASMs. 

3. Licensees shall clearly distinguish in 

their 20-day response which method they 

intend to use in order to comply with these 

ASMs. 

B. Additional Security Measures for Access 

Authorization Program 

1. The licensee shall develop, implement 

and maintain a program, or enhance its 

existing program, designed to ensure that 

persons granted unescorted access to the 

protected area of an ISFSI are trustworthy 

and reliable and do not constitute an 

unreasonable risk to the public health and 

safety for the common defense and security, 

including a potential to commit radiological 

sabotage. 

a. To establish trustworthiness and 

reliability, the licensee shall develop, 

implement, and maintain procedures for 

conducting and completing background 

investigations, prior to granting access. The 

scope of background investigations must 

address at least the past three years and, as 

a minimum, must include: 

i. Fingerprinting and a Federal Bureau of 

Investigation (FBI) identification and 

criminal history records check (CHRC). 

Where an applicant for unescorted access has 

been previously fingerprinted with a 

favorably completed CHRC, (such as a CHRC 

pursuant to compliance with orders for 

access to safeguards information) the licensee 

may accept the results of that CHRC, and 

need not submit another set of fingerprints, 

provided the CHRC was completed not more 

than three years from the date of the 

application for unescorted access. 

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Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 25001 

1The NRC’s determination of this individual’s 

unescorted access to the ISFSI, in accordance with 

the process, is an administrative determination that 

is outside the scope of the Order. 

ii. Verification of employment with each 

previous employer for the most recent year 

from the date of application. 

iii. Verification of employment with an 

employer of the longest duration during any 

calendar month for the remaining next most 

recent two years. 

iv. A full credit history review. 

v. An interview with not less than two 

character references, developed by the 

investigator. 

vi. A review of official identification (e.g., 

driver’s license; passport; government 

identification; state-, province-, or countryof-birth issued certificate of birth) to allow 

comparison of personal information data 

provided by the applicant. The licensee shall 

maintain a photocopy of the identifying 

document(s) on file, in accordance with 

‘‘Protection of Information,’’ in Section G of 

these ASMs. 

vii. Licensees shall confirm eligibility for 

employment through the regulations of the 

U.S. Department of Homeland Security, U.S. 

Citizenship and Immigration Services, and 

shall verify and ensure, to the extent 

possible, the accuracy of the provided social 

security number and alien registration 

number, as applicable. 

b. The procedures developed or enhanced 

shall include measures for confirming the 

term, duration, and character of military 

service for the past three years, and/or 

academic enrollment and attendance in lieu 

of employment, for the past five years. 

c. Licensees need not conduct an 

independent investigation for individuals 

employed at a facility who possess active ‘‘Q’’ 

or ‘‘L’’ clearances or possess another active 

U.S. Government-granted security clearance 

(i.e., Top Secret, Secret, or Confidential). 

d. A review of the applicant’s criminal 

history, obtained from local criminal justice 

resources, may be included in addition to the 

FBI CHRC, and is encouraged if the results 

of the FBI CHRC, employment check, or 

credit check disclose derogatory information. 

The scope of the applicant’s local criminal 

history check shall cover all residences of 

record for the past three years from the date 

of the application for unescorted access. 

2. The licensee shall use any information 

obtained as part of a CHRC solely for the 

purpose of determining an individual’s 

suitability for unescorted access to the 

protected area of an ISFSI. 

3. The licensee shall document the basis 

for its determination for granting or denying 

access to the protected area of an ISFSI. 

4. The licensee shall develop, implement, 

and maintain procedures for updating 

background investigations for persons who 

are applying for reinstatement of unescorted 

access. Licensees need not conduct an 

independent reinvestigation for individuals 

who possess active ‘‘Q’’ or ‘‘L’’ clearances or 

possess another active U.S. Government 

granted security clearance, i.e., Top Secret, 

Secret or Confidential. 

5. The licensee shall develop, implement, 

and maintain procedures for reinvestigations 

of persons granted unescorted access, at 

intervals not to exceed five years. Licensees 

need not conduct an independent 

reinvestigation for individuals employed at a 

facility who possess active ‘‘Q’’ or ‘‘L’’ 

clearances or possess another active U.S. 

Government granted security clearance, i.e., 

Top Secret, Secret or Confidential. 

6. The licensee shall develop, implement, 

and maintain procedures designed to ensure 

that persons who have been denied 

unescorted access authorization to the 

facility are not allowed access to the facility, 

even under escort. 

7. The licensee shall develop, implement, 

and maintain an audit program for licensee 

and contractor/vendor access authorization 

programs that evaluate all program elements 

and include a person knowledgeable and 

practiced in access authorization program 

performance objectives to assist in the overall 

assessment of the site’s program 

effectiveness. 

C. Fingerprinting Program Requirements 

1. In a letter to the NRC, the licensee must 

nominate an individual who will review the 

results of the FBI CHRCs to make 

trustworthiness and reliability 

determinations for unescorted access to an 

ISFSI. This individual, referred to as the 

‘‘reviewing official,’’ must be someone who 

requires unescorted access to the ISFSI. The 

NRC will review the CHRC of any individual 

nominated to perform the reviewing official 

function. Based on the results of the CHRC, 

the NRC staff will determine whether this 

individual may have access. If the NRC 

determines that the nominee may not be 

granted such access, that individual will be 

prohibited from obtaining access.1 Once the 

NRC approves a reviewing official, the 

reviewing official is the only individual 

permitted to make access determinations for 

other individuals who have been identified 

by the licensee as having the need for 

unescorted access to the ISFSI, and have 

been fingerprinted and have had a CHRC in 

accordance with these ASMs. The reviewing 

official can only make access determinations 

for other individuals, and therefore cannot 

approve other individuals to act as reviewing 

officials. Only the NRC can approve a 

reviewing official. Therefore, if the licensee 

wishes to have a new or additional reviewing 

official, the NRC must approve that 

individual before he or she can act in the 

capacity of a reviewing official. 

2. No person may have access to 

Safeguards Information (SGI) or unescorted 

access to any facility subject to NRC 

regulation, if the NRC has determined, in 

accordance with its administrative review 

process based on fingerprinting and an FBI 

identification and CHRC, that the person may 

not have access to SGI or unescorted access 

to any facility subject to NRC regulation. 

3. All fingerprints obtained by the licensee 

under this Order, must be submitted to the 

Commission for transmission to the FBI. 

4. The licensee shall notify each affected 

individual that the fingerprints will be used 

to conduct 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,’’ in section F of these 

ASMs. 

5. Fingerprints need not be taken if the 

employed individual (e.g., a licensee 

employee, contractor, manufacturer, or 

supplier) is relieved from the fingerprinting 

requirement by 10 CFR 73.61, has a favorably 

adjudicated U.S. Government CHRC within 

the last five (5) years, or has an active Federal 

security clearance. Written confirmation from 

the Agency/employer who granted the 

Federal security clearance or reviewed the 

CHRC must be provided to the licensee. The 

licensee must retain this documentation for 

a period of three years from the date the 

individual no longer requires access to the 

facility. 

D. Prohibitions 

1. A licensee shall not base a final 

determination to deny an individual 

unescorted access to the protected area of an 

ISFSI 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. 

2. A licensee shall not use information 

received from a CHRC 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 that would 

discriminate among individuals on the basis 

of race, religion, national origin, sex, or age. 

E. Procedures for Processing Fingerprint 

Checks 

1. 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 an ISFSI, to the 

Director of the Division of Facilities and 

Security, marked for the attention of the 

Division’s Criminal History Check Section. 

Copies of these forms may be obtained by 

writing the Office of Information Services, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, by calling (301) 

415–5877, or by e-mail to forms@nrc.gov. 

Practicable alternative formats are set forth in 

10 CFR 73.4. The licensee shall establish 

procedures to ensure that the quality of the 

fingerprints taken results in minimizing the 

rejection rate of fingerprint cards because of 

illegible or incomplete cards. 

2. 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 

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25002 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 

submittals and will require a second payment 

of the processing fee. 

3. Fees for processing fingerprint checks 

are due upon application. The licensee shall 

submit payment of the processing fees 

electronically. To be able to submit secure 

electronic payments, licensees will need to 

establish an account with Pay.Gov (https:// 

www.pay.gov). To request an account, the 

licensee shall send an e-mail to det@nrc.gov. 

The e-mail must include the licensee’s 

company name, address, point of contact 

(POC), POC e-mail address, and phone 

number. The NRC will forward the request to 

Pay.Gov, who will contact the licensee with 

a password and user lD. Once the licensee 

has established an account and submitted 

payment to Pay.Gov, they shall obtain a 

receipt. The licensee shall submit the receipt 

from Pay.Gov to the NRC along with 

fingerprint cards. For additional guidance on 

making electronic payments, contact the 

Facilities Security Branch, Division of 

Facilities and Security, at (301) 415–7739. 

Combined payment for multiple applications 

is acceptable. The application fee (currently 

$36) 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. 

4. The Commission will forward to the 

submitting licensee all data received from the 

FBI as a result of the licensee’s application(s) 

for CHRCs, including the FBI fingerprint 

record. 

F. Right To Correct and Complete 

Information 

1. Prior to any final adverse determination, 

the licensee shall make available to the 

individual the contents of any criminal 

history 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 notification. 

2. 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 10 days for an individual to 

initiate an action challenging the results of a 

FBI CHRC after the record is made available 

for his/her review. The licensee may make a 

final access determination based on 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 an ISFSI, the 

licensee shall provide the individual its 

documented basis for denial. Access to an 

ISFSI shall not be granted to an individual 

during the review process. 

G. Protection of Information 

1. The licensee shall develop, implement, 

and maintain a system for personnel 

information management with appropriate 

procedures for the protection of personal, 

confidential information. This system shall 

be designed to prohibit unauthorized access 

to sensitive information and to prohibit 

modification of the information without 

authorization. 

2. 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. 

3. 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 suitability for unescorted 

access to the protected area of an ISFSI. No 

individual authorized to have access to the 

information may re-disseminate the 

information to any other individual who does 

not have the appropriate need to know. 

4. The personal information obtained on an 

individual from a CHRC may be transferred 

to another licensee if the gaining licensee 

receives the individual’s written request to 

re-disseminate the information contained in 

his/her file, and the gaining licensee verifies 

information such as the individual’s name, 

date of birth, social security number, sex, and 

other applicable physical characteristics for 

identification purposes. 

5. 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. 

[FR Doc. 2010–10680 Filed 5–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–29263] 

Notice of Applications for 

Deregistration Under Section 8(f) of the 

Investment Company Act of 1940 

April 30, 2010. 

The following is a notice of 

applications for deregistration under 

section 8(f) of the Investment Company 

Act of 1940 for the month of April, 

2010. A copy of each application may be 

obtained via the Commission’s Web site 

by searching for the file number, or an 

applicant using the Company name box, 

at http://www.sec.gov/search/ 

search.htm or by calling (202)551–8090. 

An order granting each application will 

be issued unless the SEC orders a 

hearing. Interested persons may request 

a hearing on any application by writing 

to the SEC’s Secretary at the address 

below and serving the relevant 

applicant with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the SEC by 5:30 

p.m. on May 25, 2010, and should be 

accompanied by proof of service on the 

applicant, in the form of an affidavit or, 

for lawyers, a certificate of service. 

Hearing requests should state the nature 

of the writer’s interest, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Secretary, U.S. Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

1090. 

FOR FURTHER INFORMATION CONTACT: 

Diane L. Titus at (202) 551–6810, SEC, 

Division of Investment Management, 

Office of Investment Company 

Regulation, 100 F Street, NE., 

Washington, DC 20549–4041. 

Dreyfus/KLS National Municipal Fund 

[File No. 811–22262] 

Summary: Applicant seeks an order 

declaring that it has ceased to be an 

investment company. Applicant has 

never made a public offering of its 

securities and does not propose to make 

a public offering or engage in business 

of any kind. 

Filing Dates: The application was 

filed on September 25, 2009, and 

amended on March 25, 2010. 

Applicant’s Address: c/o The Dreyfus 

Corporation, 200 Park Ave., New York, 

NY 10166. 

Nuveen Floating Rate Fund 

[File No. 811–9553] 

Summary: Applicant, a closed-end 

investment company, seeks an order 

declaring that it has ceased to be an 

investment company. On May 28, 2003, 

applicant made a liquidating 

distribution to its shareholders, based 

on net asset value. Applicant incurred 

no expenses in connection with the 

liquidation. 

Filing Dates: The application was 

filed on January 27, 2010, and amended 

on April 20, 2010. 

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