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62302 Federal Register / Vol. 71, No.

205 / Tuesday, October 24, 2006 / Notices

Dated this 13th day of October 2006 at NUCLEAR REGULATORY A request for a hearing or petition for
Rockville, Maryland. COMMISSION leave to intervene may be filed within
For the Nuclear Regulatory Commission. 30 days after publication of this notice
Margaret M. Doane, Request for a License To Export in the Federal Register. Any request for
Radioactive Waste hearing or petition for leave to intervene
Deputy Director, Office of International
Programs. Pursuant to 10 CFR 110.70 ‘‘Public shall be served by the requestor or
notice of receipt of an application,’’ petitioner upon the applicant, the Office
[FR Doc. E6–17749 Filed 10–23–06; 8:45 am]
please take notice that the Nuclear of the General Counsel, U.S. Nuclear
BILLING CODE 7590–01–P
Regulatory Commission has received the Regulatory Commission, Washington DC
following request for an export license. 20555; the Secretary, U.S. Nuclear
Copies of the request are available Regulatory Commission, Washington,
electronically through ADAMS and can DC 20555; and the Executive Secretary,
be accessed through the Public U.S. Department of State, Washington,
Electronic Reading Room (PERR) link DC 20520.
http://www.nrc.gov/NRC/ADAMS/ The information concerning this
index.html at the NRC Homepage. import license application follows.

NRC EXPORT LICENSE APPLICATION


Name of applicant date of Description of material Country
application, date received, End use of origin
Application No., Docket No. Material type Total quantity

UniTech Services Group, Inc., Class A radioactive waste con- Up to 30,000 lbs. Or 5,000 All contaminated materials im- Canada.
August 17, 2006, September sisting of source, special nu- cubic feet of contaminated ported from Canada under
7, 2006, XW011, 11005649. clear and byproduct mate- materials. NRC License IW019 will be
rials including paper, card- returned to Canadian cus-
board, plastic, metals, cloth, tomers for appropriate dis-
rubber, wood, etc. position.

Dated this 13 day of October 2006 at in quantities of concern. On August 8, criminal history record check within the
Rockville, Maryland. 2005, the Energy Policy Act of 2005 last five (5) years, or individuals who
For the Nuclear Regulatory Commission. (EPAct) was enacted. Section 652 of the have an active federal security clearance
Margaret M. Doane, EPAct amended section 149 of the AEA (provided in each case that they make
Deputy Director, Office of International to require fingerprinting and a Federal available the appropriate
Programs. Bureau of Investigation (FBI) documentation), have satisfied the
[FR Doc. E6–17751 Filed 10–23–06; 8:45 am] identification and criminal history EPAct fingerprinting requirement and
BILLING CODE 7590–01–P records check of any person who is need not be fingerprinted again.
permitted unescorted access to Individuals who have been
radioactive materials subject to fingerprinted and granted access to SGI
NUCLEAR REGULATORY regulation by the Commission, and by the reviewing official under EA–06–
COMMISSION which the Commission determines to be 155 do not need to be fingerprinted
of such significance to the public health again.
[EA–06–249] and safety or the common defense and
security as to warrant fingerprinting and II
In the Matter of Certain Licensees
background checks. NRC has decided to Subsequent to the terrorist events of
Authorized To Possess and Transfer
implement this requirement, in part, September 11, 2001, the NRC issued a
Items Containing Radioactive Material
prior to the completion of the security Order requiring certain
Quantities of Concern; Order Imposing
rulemaking to implement the provisions Licensees who may transport
Fingerprinting and Criminal History
under the EPAct, which is underway, radioactive material quantities of
Records Check Requirements for
because a deliberate malevolent act by concern to implement Additional
Unescorted Access to Certain
an individual with unescorted access to Security Measures (ASMs) for
Radioactive Materials and Modification
these radioactive materials has a radioactive materials. The requirements
of the Additional Security Measures
potential to result in significant adverse imposed by that Order (RAMQC Order),
(Effective Immediately) impacts to the public health and safety and certain measures licensees have
I or the common defense and security. developed to comply with that Order,
Those exempted from fingerprinting were designated by the NRC as SGI and
The Licensees identified in requirements under 10 CFR 73.59 (71
Attachment 1 1 to this Order hold were not released to the public. One
FR 33,989 (June 13, 2006)) for access to specific ASM imposed by the RAMQC
licenses issued in accordance with the Safeguards Information 2 (SGI) are also
Atomic Energy Act (AEA) of 1954, as Order required licensees to conduct
exempt from the fingerprinting local background checks to determine
amended, by the U.S. Nuclear requirements under this Order. In
Regulatory Commission (NRC or the trustworthiness and reliability of
addition, individuals who have a
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Commission) or Agreement States, individuals needing unescorted access


favorably-decided U.S. Government to radioactive materials. ‘‘Access’’ to
authorizing them to possess and transfer
items containing radioactive materials 2 Safeguards Information is a form of sensitive,
these radioactive materials means that
unclassified, security-related information that the
an individual could exercise some
1 Attachment 1 contains sensitive information Commission has the authority to designate and physical control over the material or
and will not be released to the public. protect under section 147 of the AEA. device. At that time, the NRC did not

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Federal Register / Vol. 71, No. 205 / Tuesday, October 24, 2006 / Notices 62303

have the authority, except in the case of (EA–06–155), issued on August 21, The Director, Office of Federal and
power reactor licensees, to require 2006, only the NRC-approved reviewing State Materials and Environmental
licensees to submit fingerprints for an official shall review results from an FBI Management Programs, may, in writing,
FBI criminal history records checks of criminal history records check. The relax or rescind any of the above
individuals being considered for reviewing official shall determine conditions upon demonstration of good
unescorted access to radioactive whether an individual may have, or cause by the Licensee.
materials subject to NRC regulations. continue to have, unescorted access to
IV
Therefore, in accordance with section radioactive materials that equal or
149 of the AEA, as amended by the exceed the quantities listed in the In accordance with 10 CFR 2.202, the
EPAct, the Commission is imposing the RAMQC Order. Fingerprinting and the Licensee must, and any other person
FBI criminal history records check FBI identification and criminal history adversely affected by this Order may,
requirements, as set forth in this Order, records check are not required for submit an answer to this Order, and
including Attachment 2 to this Order, individuals that are exempted from may request a hearing on this Order,
on all Licensees identified in fingerprinting requirements under 10 within twenty (20) days of the date of
Attachment 1 to this Order, which are CFR 73.59 (71 FR 33,989 (June 13, this Order. Where good cause is shown,
currently authorized to possess or 2006)) for access to SGI. In addition, consideration will be given to extending
transfer items containing radioactive individuals who have a favorably the time to request a hearing. A request
materials quantities of concern. These decided U.S. Government criminal for extension of time in which to submit
requirements will remain in effect until history records check within the last an answer or request a hearing must be
the Commission determines otherwise. five (5) years, or have an active federal made in writing to the Director, Office
In addition, pursuant to 10 CFR 2.202, security clearance provided in each case of Federal and State Materials and
I find that in light of the common that the appropriate documentation is Environmental Management Programs,
defense and security matters identified made available to the Licensee’s U.S. Nuclear Regulatory Commission,
above, which warrant the issuance of reviewing official, have satisfied the Washington, DC 20555, and include a
this Order, the public health, safety, and EPAct fingerprinting requirement and statement of good cause for the
interest require that this Order be need not be fingerprinted again. extension. The answer may consent to
effective immediately. C. Fingerprints shall be submitted and this Order. Unless the answer consents
reviewed in accordance with the to this Order, the answer shall, in
III procedures described in Attachment 2 writing and under oath or affirmation,
Accordingly, pursuant to Sections 81, to this Order. Individuals who have specifically set forth the matters of fact
149, 161b, 161i, 161o, 182, and 186 of been fingerprinted and granted access to and law on which the Licensee or other
the AEA of 1954, as amended, and the SGI by the reviewing official under person adversely affected relies and the
Commission’s regulations in 10 CFR Order EA–06–155 do not need to be reasons as to why the Order should not
2.202, 10 CFR Parts 30 and 73, It Is fingerprinted again. have been issued. Any answer or
Hereby Ordered, Effective Immediately, D. The Licensee may allow any request for a hearing shall be submitted
That All Licensees Identified in individual who currently has to the Secretary, Office of the Secretary,
Attachment 1 to This Order Shall unescorted access to radioactive U.S. Nuclear Regulatory Commission,
Comply With the Requirements Set materials, in accordance with the ATTN: Rulemakings and Adjudications
Forth in This Order. RAMQC Order, to continue to have Staff, Washington, DC 20555. Copies
A. All licensees identified in unescorted access without being also shall be sent to the Director, Office
Attachment 1 to this Order shall comply fingerprinted, pending a decision by the of Federal and State Materials and
with the following requirements: reviewing official (based on Environmental Management Programs,
1. The Licensee shall, within twenty fingerprinting, an FBI criminal history U.S. Nuclear Regulatory Commission,
(20) days of the date of this Order, records check and a trustworthy and Washington, DC 20555, to the Assistant
establish and maintain a fingerprinting reliability determination) that the General Counsel for Material Litigation
program that meet the requirements of individual may continue to have and Enforcement at the same address,
Attachment 2 to this Order, for unescorted access to radioactive and to the Licensee if the answer or
unescorted access to radioactive materials that equal or exceed the hearing request is by a person other than
materials that equal or exceed the quantities listed in the RAMQC Order. the Licensee. Because of possible delays
quantities listed in Table 1 of the The licensee shall complete in delivery of mail to United States
RAMQC Order. implementation of the requirements of Government offices, it is requested that
2. The Licensee shall, in writing, Attachment 2 to this Order by January answers and requests for hearing be
within twenty (20) days of the date of 15, 2007. transmitted to the Secretary of the
this Order, notify, the Commission (1) E. The ASMs of the RAMQC Order are Commission either by means of
receipt and confirmation that modified as follows: facsimile transmission to (301) 415–
compliance with the Order will be 1. The requirement for a local 1101 or by e-mail to
achieved or (2) if it is unable to comply criminal history check in ASM 2.d.(1) is hearingdocket@nrc.gov and also to the
with any of the requirements described superseded by the FBI criminal history Office of the General Counsel either by
in Attachment 2, or (3) if compliance records check. All other requirements in means of facsimile transmission to (301)
with any of the requirements is ASM 2.d.(1) are still applicable. 415–3725 or by e-mail to
unnecessary in its specific Licensee responses to Condition A.2. OGCMailCenter@nrc.gov. If a person
circumstances. The notification shall shall be submitted to the Director, Office other than the Licensee requests a
provide the Licensee’s justification for of Federal and State Materials and hearing, that person shall set forth with
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seeking relief from or variation of any Environmental Management Programs, particularity the manner in which his/
specific requirement. U.S. Nuclear Regulatory Commission, her interest is adversely affected by this
B. In accordance with the NRC’s Washington, DC 20555. In addition, Order and shall address the criteria set
‘‘Order Imposing Fingerprinting and Licensee responses shall be marked as forth in 10 CFR 2.309.
Criminal History Check Requirements ‘‘Security-Related Information— If a hearing is requested by the
for Access to Safeguards Information’’ Withhold Under 10 CFR 2.390.’’ Licensee or a person whose interest is

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62304 Federal Register / Vol. 71, No. 205 / Tuesday, October 24, 2006 / Notices

adversely affected, the Commission will a Licensee employee, contractor, 415–5877, or by e-mail to forms@nrc.gov.
issue an Order designating the time and manufacturer, or supplier) is relieved from Practicable alternative formats are set forth in
place of any hearing. If a hearing is held, the fingerprinting requirement by 10 CFR 10 CFR 73.4. The Licensee shall establish
73.59 for access to Safeguards Information, procedures to ensure that the quality of the
the issue to be considered at such
has a favorably-decided U.S. Government fingerprints taken results in minimizing the
hearing shall be whether this Order criminal history check within the last five (5) rejection rate of fingerprint cards due to
should be sustained. years, or has an active federal security illegible or incomplete cards.
Pursuant to 10 CFR 2.202(c)(2)(i), the clearance. Written confirmation from the The NRC will review submitted fingerprint
Licensee may, in addition to demanding Agency/employer which granted the federal cards for completeness. Any Form FD–258
a hearing, at the time the answer is filed security clearance or reviewed the criminal fingerprint record containing omissions or
or sooner, move the presiding officer to history check must be provided for wither of evident errors will be returned to the
set aside the immediate effectiveness of the latter two cases. The Licensee must retain Licensee for corrections. The fee for
the Order on the ground that the Order, this documentation for a period of three (3) processing fingerprint checks includes one
years from the date the individual no longer re-submission if the initial submission is
including the need for immediate
requires unescorted access to radioactive returned by the FBI because the fingerprint
effectiveness, is not based on adequate impressions cannot be classified. The one
materials associated with the Licensee’s
evidence but on mere suspicion, activities. free re-submission must have the FBI
unfounded allegations, or error. In the 4. All fingerprints obtained by the Licensee Transaction Control Number reflected on the
absence of any request for hearing, or pursuant to this Order must be submitted to re-submission. If additional submissions are
written approval of an extension of time the Commission for transmission to the FBI. necessary, they will be treated as initial
in which to request a hearing, the 5. The Licensee shall review the submittals and will require a second payment
provisions as specified above in Section information received from the FBI and of the processing fee.
III shall be final twenty (20) days from consider it, in conjunction with the Fees for processing fingerprint checks are
trustworthy and reliability requirements of due upon application. Licensees shall submit
the date of this Order without further
the RAMQC Order, in making a payment with the application for processing
Order or proceedings. fingerprints by corporate check, certified
determination whether to grant, or continue
If an extension of time for requesting check, cashier’s check, money order, or
to allow, unescorted access to radioactive
a hearing has been approved, the materials. electronic payment, made payable to ‘‘U.S.
provisions as specified above in Section 6. The Licensee shall use any information NRC.’’ [For guidance on making electronic
III shall be final when the extension obtained as part of a criminal history records payments, contact the Facilities Security
expires, if a hearing request has not check solely for the purpose of determining Branch, Division of Facilities and Security, at
been received. An answer or a request an individual’s suitability for unescorted (301) 415–7404]. Combined payment for
for hearing shall not stay the immediate access to RAMQC. multiple applications is acceptable. The
effectiveness of this order. 7. The Licensee shall document the basis application fee (currently $27) is the sum of
for its determination whether to grant, or the user fee charged by the FBI for each
Dated this 17th day of October 2006. continue to allow, unescorted access to fingerprint card or other fingerprint record
For the Nuclear Regulatory Commission. RAMQC. submitted by the NRC on behalf of a
Charles L. Miller, Licensee, and an NRC processing fee, which
Prohibitions covers administrative costs associated with
Director, Office of Federal and State Materials
and Environmental Management Programs. A Licensee shall not base a final NRC handling of Licensee fingerprint
determination to deny an individual access submissions. The Commission will directly
Attachment 1—List of Applicable to radioactive materials solely on the basis of notify Licensees who are subject to this
Materials Licensees information received from the FBI involving: regulation of any fee changes.
an arrest more than one (1) year old for The Commission will forward to the
Redacted which there is no information of the submitting Licensee all data received from
Attachment 2—Requirements for disposition of the case, or an arrest that the FBI as a result of the Licensee’s
resulted in dismissal of the charge or an application(s) for criminal history checks,
Fingerprinting and Criminal History acquittal. including the FBI fingerprint record.
Checks of Individuals When Licensee’s A Licensee shall not use information
Reviewing Official Is Determining Right To Correct and Complete Information
received from a criminal history check
Unescorted Access to Radioactive obtained pursuant to this Order in a manner Prior to any final adverse determination,
Materials Subject to EA–06–249 that would infringe upon the rights of any the Licensee shall make available to the
individual under the First Amendment to the individual the contents of any criminal
General Requirements records obtained from the FBI for the purpose
Constitution of the United States, nor shall
Licensees shall comply with the following the Licensee use the information in any way of assuring correct and complete information.
requirements of this attachment. which would discriminate among Written confirmation by the individual of
1. Each Licensee subject to the provisions individuals on the basis of race, religion, receipt of this notification must be
of this attachment shall fingerprint each national origin, sex, or age. maintained by the Licensee for a period of
individual who is seeking or permitted one (1) year from the date of the notification.
unescorted access to RAMQC. The Licensee Procedures for Processing Fingerprint Checks If, after reviewing the record, an individual
shall review and use the information For the purpose of complying with this believes that it is incorrect or incomplete in
received from the Federal Bureau of Order, Licensees shall, using an appropriate any respect and wishes to change, correct, or
Investigation (FBI) and ensure that the method listed in 10 CFR 73.4, submit to the update the alleged deficiency, or to explain
provisions contained in the subject Order NRC’s Division of Facilities and Security, any matter in the record, the individual may
and this attachment are satisfied. Mail Stop T–6E46, one completed, legible initiate challenge procedures. These
2. The Licensee shall notify each affected standard fingerprint card (Form FD–258, procedures include either direct application
individual that the fingerprints will be used ORIMDNRCOOOZ) or, where practicable, by the individual challenging the record to
to secure a review of his/her criminal history other fingerprint records for each individual the agency (i.e., law enforcement agency) that
record and inform the individual of the seeking unescorted access to RAMQC, to the contributed the questioned information, or
procedures for revising the record or Director of the Division of Facilities and direct challenge as to the accuracy or
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including an explanation in the record, as Security, marked for the attention of the completeness of any entry on the criminal
specified in the ‘‘Right to Correct and Division’s Criminal History Check Section. history record to the Assistant Director,
Complete Information’’ section of this Copies of these forms may be obtained by Federal Bureau of Investigation Identification
attachment. writing the Office of Information Services, Division, Washington, DC 20537–9700 (as set
3. Fingerprints for unescorted access need U.S. Nuclear Regulatory Commission, forth in 28 CFR 16.30 through 16.34). In the
not be taken if an employed individual (e.g., Washington, DC 20555–0001, by calling (301) latter case, the FBI forwards the challenge to

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Federal Register / Vol. 71, No. 205 / Tuesday, October 24, 2006 / Notices 62305

the agency that submitted the data and NUCLEAR REGULATORY (Contact: Dave Matthews, 301–415–
requests that agency to verify or correct the COMMISSION 1199).
challenged entry. Upon receipt of an official
communication directly from the agency that Notice of Meetings; Sunshine Act This meeting will be webcast live at
contributed the original information, the FBI the Web address—http://www.nrc.gov.
Identification Division makes any changes AGENCY HOLDING THE MEETINGS: Nuclear
Week of November 13, 2006—Tentative
necessary in accordance with the information Regulatory Commission.
supplied by that agency. The Licensee must DATES: Weeks of October 23, 30, There are no meetings scheduled for
provide at least ten (10) days for an November 6, 13, 20, 27, 2006. the Week of November 13, 2006.
individual to initiate an action challenging
PLACE: Commissioners’ Conference
the results of an FBI criminal history records Week of November 20, 2006—Tentative
check after the record is made available for Room, 11555 Rockville Pike, Rockville,
his/her review. The Licensee may make a Maryland. There are no meetings scheduled for
final determination on unescorted access STATUS: Public and Closed. the Week of November 20, 2006.
RAMQC based upon the criminal history MATTERS TO BE CONSIDERED:
record only upon receipt of the FBI’s ultimate Week of November 27, 2006—Tentative
confirmation or correction of the record. Week of October 23, 2006
Upon a final adverse determination on
There are no meetings scheduled for
Tuesday, October 24, 2006 the Week of November 27, 2006.
unescorted access to RAMQC, the Licensee
shall provide the individual its documented 9:30 a.m.—Briefing on Transshipment * * * * *
basis for denial. Unescorted access to and Domestic Shipment Security of
Radioactive Material Quantities of * The schedule for Commission
RAMQC shall not be granted to an individual
Concern (RAMQC) (Closed—Ex. 3) meetings is subject to change on short
during the review process.
(morning session). notice. To verify the status of meetings
Protection of Information call (recording)—(301) 415–1292.
1:30 p.m.—Briefing on Transshipment
1. Each Licensee who obtains a criminal and Domestic Shipment Security of Contact person for more information:
history record on an individual pursuant to Radioactive Material Quantities of Michelle Schroll, (301) 415–1662.
this Order shall establish and maintain a Concern (RAMQC) (Closed—Ex. 3 and * * * * *
system of files and procedures for protecting 9) (afternoon session).
the record and the personal information from The NRC Commission Meeting
unauthorized disclosure. Wednesday, October 25, 2006 Schedule can be found on the Internet
2. The Licensee may not disclose the
9:30 a.m.—Briefing on at: http://www.nrc.gov/what-we-do/
record or personal information collected and policy-making/schedule.html.
maintained to persons other than the subject
Institutionalization and Integration of
individual, his/her representative, or to those Agency Lessons Learned (Public * * * * *
who have a need to access the information Meeting) (Contact: John Lamb, 301– The NRC provides reasonable
in performing assigned duties in the process 415–1727). accommodation to individuals with
of determining unescorted access to RAMQC. This meeting will be webcast live at disabilities where appropriate. If you
No individual authorized to have access to the Web address—http://www.nrc.gov. need a reasonable accommodation to
the information may re-disseminate the 1:25 p.m.—Affirmation Session (Public participate in these public meetings, or
information to any other individual who does Meeting) (Tentative) a. Final Rule: need this meeting notice or the
not have a need-to-know. National Source Tracking of Sealed
3. The personal information obtained on an transcript or other information from the
Sources (RIN 3150–AH48) (tentative) public meetings in another format (e.g.,
individual from a criminal history record
1:30 p.m.—Briefing on Resolution of braille, large print), please notifiy the
check may be transferred to another Licensee
if the Licensee holding the criminal history
GSI–191, Assessment of Debris NRC’s Disability Program Coordinator,
record receives the individual’s written Accumulation on PWR Sump Deborah Chan, at 301–415–7041, TDD:
request to re-disseminate the information Performance (Public Meeting) 301–415–2100, or by e-mail at
contained in his/her file, and the gaining (Contact: Michael L. Scott, 301–415– DLC@nrc.gov. Determinations on
Licensee verifies information such as the 0565)
requests for reasonable accommodation
individual’s name, date of birth, social This meeting will be webcast live at will be made on a case-by-case basis.
security number, sex, and other applicable the Web address—http://www.nrc.gov.
physical characteristics for identification * * * * *
purposes. Week of October 30, 2006—Tentative This notice is distributed by mail to
4. The Licensee shall make criminal There are no meetings scheduled for several hundred subscribers; if you no
history records, obtained under this section, the Week of October 30, 2006. longer wish to receive it, or would like
available for examination by an authorized
Week of November 6, 2006—Tentative to be added to the distribution, please
representative of the NRC to determine
compliance with the regulations and laws.
contact the Office of the Secretary,
Wednesday, November 8, 2006 Washington, DC 20555 (301–415–1969).
5. The Licensee shall retain all fingerprint
and criminal history records received from 9:30 a.m.—Briefing on Digital In addition, distribution of this meeting
the FBI, or a copy if the individual’s file has Instrumentation and Control (Public notice over the Internet system is
been transferred, for three (3) years after Meeting) (Contact: Paul Rebstock, available. If you are interested in
termination of employment or denial to 301–415–3295). receiving this Commission meeting
unescorted access to the panoramic or This meeting will be webcast live at schedule electronically, please send an
underwater irradiator sealed sources. After the Web address—http://www.nrc.gov. electronic message to dkw@nrc.gov.
the required three (3) year period, these
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documents shall be destroyed by a method Thursday, November 9, 2006 Dated: October 19, 2006.
that will prevent reconstruction of the R. Michelle Schroll,
9:30 a.m.—Briefing on Draft Final
information in whole or in part. Office of the Secretary.
Rule—Part 52 (Early Site permits/
[FR Doc. E6–17762 Filed 10–23–06; 8:45 am] Standard Design Certification/ [FR Doc. 06–8867 Filed 10–20–06; 10:52 am]
BILLING CODE 7590–01–P Combined Licenses) (Public Meeting) BILLING CODE 7590–01–M

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