Notices. NUCLEAR REGULATORY COMMISSION

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BILLING CODE 7533-01-M NUCLEAR REGULATORY COMMISSION [IA-05-021] In the Matter of Andrew Siemaszko; Amendment of Order Prohibiting Involvement INNRC-Licensed Activities I On April 21, 2005, the NRC issued an order (Order or April 21, 2005 Order) to Mr. Andrew Siemaszko, which, although not immediately effective, would prohibit his involvement in NRC-licensed activities for a period of five years for reasons stated therein. This amendment, which incorporates the April 21, 2005 Order as if fully set out herein, is issued solely for the purpose of providing notice to Mr.

Siemaszko of additional grounds upon which the NRC staff relies in support of the April 21, 2005 Order. II Based on the statement of facts set forth in the Order, the Staff determined, and hereunder reiterates, that Mr. Siemaszko engaged in deliberate misconduct in violation of 10 CFR 50.5(a)(2) in submitting to FENOC information that he knew to be incomplete or inaccurate in a respect material to the NRC. Under the relevant provisions of that regulation, an employee of a licensee may not deliberately submit to the NRC or a licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.

In the Order, the Staff premised the finding that Mr. Siemaszko violated that regulation based on the actions described in the Order relating to two documents; Work Order No. 00-001846-000 and Condition Report 2000-1037. The Staff has determined that Mr. Siemaszko's actions with respect to three additional documents which were submitted to the NRC present additional instances in which he engaged in deliberate misconduct in violation of 10 CFR 50.5(a)(2). Accordingly, notice is provided that the grounds upon which the April 21, 2005 Order was issued are hereby amended to include those instances as described below.

III On August 3, 2001, the Nuclear Regulatory Commission

(NRC)issued Bulletin 2001-001, “Circumferential Cracking of Reactor Pressure Vessel Head Penetration Nozzles,” (Bulletin) to holders of operating licenses for pressurized water nuclear power reactors. The NRC requested that addressees provide information related to the structural integrity of the reactor pressure vessel head penetration

(VHP)nozzles for their respective facilities, including the extent of VHP nozzle leakage and cracking that had been found to date, the inspections and repairs that had been undertaken to satisfy applicable regulatory requirements, and the basis for concluding that their plans for future inspections would ensure compliance with applicable regulatory requirements. The information was required to be submitted to the NRC in writing in accordance with the 10 CFR 50.54(f). FirstEnergy Nuclear Operating Company's (FENOC's) supplemental written responses to the Bulletin, dated October 17, 2001 (Serial Letter 2735) and October 30, 2001 (Serial Letter 2741 and Serial letter 2744), set forth inaccurate, incomplete or otherwise misleading information, provided by Mr. Siemaszko to FENOC which, in turn, provided it to the NRC. For instance, Mr. Siemaszko was the source of the information in a table summarizing the previous three (1996, 1998, 2000) refueling outage nozzle inspection results which was included in Serial Letter 2735 (as attachment 2) which was included, with minor changes, in Serial Letter 2741 (as attachment 2). The information provided in that table did not accurately identify the nozzles that were obscured in those three outages. Mr. Siemaszko knew that the table included incomplete or inaccurate information in some respect material to the NRC but nevertheless, on October 17, 2001, he signed off on the issuance of Serial Letter 2735. Furthermore, Mr. Siemaszko provided inaccurate, incomplete or otherwise misleading information to FENOC, which FENOC submitted to the NRC in FENOC's supplemental written response to the Bulletin, dated October 30, 2001 (Serial Letter 2744). For instance, Mr. Siemaszko produced, assembled and labeled the pictures which were included in Serial Letter 2744 as further proof of the safe condition of the head. However, Mr. Siemaszko mislabeled some of the pictures and knew that the collection of the pictures that were provided to the NRC did not accurately reveal the true condition of the head which in reality was substantially worse than shown through those images. IV The NRC determined, in the April 21, 2005 Order, that Mr. Siemaszko's submission of inaccurate and incomplete information in condition report No. 2000-1037 and Work Order No. 00-001846-000 was of very high safety and regulatory significance. Had the NRC been aware of this incomplete and inaccurate information, the NRC would likely have taken immediate regulatory action to shut down the Davis-Besse plant and require FENOC to implement appropriate corrective actions. The additional examples cited above provide further support for the determination in the April 21, 2005 Order that NRC cannot have reasonable assurance that Mr. Siemaszko will conduct NRC-licensed activities in compliance with regulatory requirements. The NRC is not proposing to modify the sanctions which were imposed on Mr. Siemaszko in the April 21, 2005 Order or otherwise alter the statement or terms of that Order by the citation of these three additional examples. V In accordance with 10 CFR 2.202, Mr. Siemaszko must, and any other person adversely affected by this Amendment of Order may, submit an answer to this Amendment of Order within 20 days of the date hereof. The answer shall, in writing and under oath or affirmation, specifically admit or deny each allegation or charge made in this Amendment of Order and shall set forth the matters of fact and law on which Mr. Siemaszko or other person adversely affected relies and the reasons as to why the Amendment of Order should not have been issued. Any answer 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, to the Regional Administrator, NRC Region III, 2443 Warrenville Road, Lisle, Il 60532-4352, and to Mr. Siemaszko if the answer is by a person other than Mr. Siemaszko. Because of a potential disruption in delivery of mail to United States Government offices, it is requested that answer be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* In light of the fact that Mr. Siemaszko filed a timely request for hearing relating to the April 21, 2005 Order, which hearing has been commenced, a further request for hearing is not required to be filed for this Amendment of Order. Nuclear Regulatory Commission. Dated this 17th day of October 2006. Martin J. Virgilio, Deputy Executive Director for Materials, Research, State and Compliance Programs, Office of the Executive Director for Operations. [FR Doc. E6-17839 Filed 10-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Request for a License To Import Radioactive Waste Pursuant to 10 CFR 110.70 “Public notice of receipt of an application,” please take notice that the Nuclear Regulatory Commission has received the following request for an import license. Copies of the request are available electronically through ADAMS and can be accessed through the Public Electronic Reading Room

(PERR)link *http://www.nrc.gov/NRC/ADAMS/index.html* at the NRC Homepage. A request for a hearing or petition for leave to intervene may be filed within 30 days after publication of this notice in the **Federal Register** . Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. The information concerning this import license application follows. NRC Import License Application Name of applicant, date of application, date received, Application No., Docket No. Description of material Material type Total quantity End use Country of origin UniTech Services Group, Inc., August 17, 2006, September 7, 2006, IW019, 11005650 Class A radioactive waste consisting of source, special nuclear and byproduct materials as contaminants of various materials including paper, cardboard, plastic, metals, cloth, rubber, wood, etc Up to 30,000 lbs. or 5,000 cubic feet of various contaminated materials Imported materials will be characterized and sorted by type and by levels of radioactivity. All materials imported will be returned (see export license application XW011) to Canadian customers for appropriate disposition. No materials imported under this license will remain or be disposed of in the U.S Canada. Dated this 13th day of October 2006 at Rockville, Maryland. For the Nuclear Regulatory Commission. Margaret M. Doane, Deputy Director, Office of International Programs. [FR Doc. E6-17749 Filed 10-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Request for a License To Export Radioactive Waste Pursuant to 10 CFR 110.70 “Public notice of receipt of an application,” please take notice that the Nuclear Regulatory Commission has received the following request for an export license. Copies of the request are available electronically through ADAMS and can be accessed through the Public Electronic Reading Room

(PERR)link *http://www.nrc.gov/NRC/ADAMS/index.html* at the NRC Homepage. A request for a hearing or petition for leave to intervene may be filed within 30 days after publication of this notice in the **Federal Register** . Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. The information concerning this import license application follows. NRC Export License Application Name of applicant date of application, date received, Application No., Docket No. Description of material Material type Total quantity End use Country of origin UniTech Services Group, Inc., August 17, 2006, September 7, 2006, XW011, 11005649 Class A radioactive waste consisting of source, special nuclear and byproduct materials including paper, cardboard, plastic, metals, cloth, rubber, wood, etc Up to 30,000 lbs. Or 5,000 cubic feet of contaminated materials All contaminated materials imported from Canada under NRC License IW019 will be returned to Canadian customers for appropriate disposition Canada. Dated this 13 day of October 2006 at Rockville, Maryland. For the Nuclear Regulatory Commission. Margaret M. Doane, Deputy Director, Office of International Programs. [FR Doc. E6-17751 Filed 10-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [EA-06-249] In the Matter of Certain Licensees Authorized To Possess and Transfer Items Containing Radioactive Material Quantities of Concern; Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Materials and Modification of the Additional Security Measures (Effective Immediately) I The Licensees identified in Attachment 1 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 or Commission) or Agreement States, authorizing them to possess and transfer items containing radioactive materials in quantities of concern. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was enacted. Section 652 of the EPAct amended section 149 of the AEA to require fingerprinting and a Federal Bureau of Investigation

(FBI)identification and criminal history records check of any person who is permitted unescorted access to radioactive materials 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. NRC has decided to implement this requirement, in part, prior to the completion of the rulemaking to implement the provisions under the EPAct, which is underway, because a deliberate malevolent act by an individual with unescorted access to these radioactive materials 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 73.59 (71 FR 33,989 (June 13, 2006)) for access to Safeguards Information 2

(SGI)are also exempt from the fingerprinting requirements under this Order. In addition, individuals who have a favorably-decided U.S. Government criminal history record check within the last five

(5)years, or individuals who have an active federal security clearance (provided in each case that they make available the appropriate documentation), have satisfied the EPAct fingerprinting requirement and need not be fingerprinted again. Individuals who have been fingerprinted and granted access to SGI by the reviewing official under EA-06-155 do not need to be fingerprinted again. 1 Attachment 1 contains sensitive information and will not be released to the public. 2 Safeguards Information is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under section 147 of the AEA. II Subsequent to the terrorist events of September 11, 2001, the NRC issued a security Order requiring certain Licensees who may transport radioactive material quantities of concern to implement Additional Security Measures

(ASMs)for radioactive materials. The requirements imposed by that Order (RAMQC Order), and certain measures licensees have developed to comply with that Order, were designated by the NRC as SGI and were not released to the public. One specific ASM imposed by the RAMQC Order required licensees to conduct local background checks to determine the trustworthiness and reliability of individuals needing unescorted access to radioactive materials. “Access” to these radioactive materials means that an individual could exercise some physical control over the material or device. At that time, the NRC did not have the authority, except in the case of power reactor licensees, to require licensees to submit fingerprints for an FBI criminal history records checks of individuals being considered for unescorted access to radioactive materials subject to NRC regulations. Therefore, in accordance with section 149 of the AEA, as amended by the EPAct, the Commission is imposing the FBI criminal history records check requirements, as set forth in this Order, including Attachment 2 to this Order, on all Licensees identified in Attachment 1 to this Order, which are currently authorized to possess or transfer items containing radioactive materials quantities of concern. 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. III Accordingly, pursuant to Sections 81, 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 Parts 30 and 73, It Is Hereby Ordered, Effective Immediately, That All Licensees Identified in Attachment 1 to This Order Shall Comply With the Requirements Set Forth in This Order. A. All licensees identified in Attachment 1 to this Order shall comply with the following requirements: 1. The Licensee shall, within twenty

(20)days of the date of this Order, establish and maintain a fingerprinting program that meet the requirements of Attachment 2 to this Order, for unescorted access to radioactive materials that equal or exceed the quantities listed in Table 1 of the RAMQC Order. 2. The Licensee shall, in writing, within twenty

(20)days of the date of this Order, notify, the Commission

(1)receipt and confirmation that compliance with the Order will be achieved or

(2)if it is unable to comply with any of the requirements described in Attachment 2, or

(3)if compliance with any of the requirements is unnecessary in its specific circumstances. The notification shall provide the Licensee's justification for seeking relief from or variation of any specific requirement. B. In accordance with the NRC's “Order Imposing Fingerprinting and Criminal History Check Requirements for Access to Safeguards Information” (EA-06-155), issued on August 21, 2006, only the NRC-approved reviewing official shall review results from an FBI criminal history records check. The reviewing official shall determine whether an individual may have, or continue to have, unescorted access to radioactive materials that equal or exceed the quantities listed in the RAMQC Order. Fingerprinting and the FBI identification and criminal history records check are not required for individuals that are exempted from fingerprinting requirements under 10 CFR 73.59 (71 FR 33,989 (June 13, 2006)) for access to SGI. In addition, individuals who have 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. C. 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 Order EA-06-155 do not need to be fingerprinted again. D. The Licensee may allow any individual who currently has unescorted access to radioactive materials, in accordance with the RAMQC Order, to continue to have unescorted access without being fingerprinted, pending a decision by the reviewing official (based on fingerprinting, an FBI criminal history records check and a trustworthy and reliability determination) that the individual may continue to have unescorted access to radioactive materials that equal or exceed the quantities listed in the RAMQC Order. The licensee shall complete implementation of the requirements of Attachment 2 to this Order by January 15, 2007. E. The ASMs of the RAMQC Order are modified as follows: 1. The requirement for a local criminal history check in ASM 2.d.(1) is superseded by the FBI criminal history records check. All other requirements in ASM 2.d.(1) are still applicable. Licensee responses to Condition A.2. shall be submitted to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee responses shall be marked as “Security-Related Information—Withhold Under 10 CFR 2.390.” The Director, Office of Federal and State Materials and Environmental Management Programs, may, in writing, relax or rescind any of the above conditions upon demonstration of good cause by the Licensee. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty

(20)days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Material Litigation and Enforcement at the same address, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible delays in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to

(301)415-1101 or by e-mail to *hearingdocket@nrc.gov* and also to the Office of the General Counsel either by means of facsimile transmission to

(301)415-3725 or by 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 Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions as specified above in Section III shall be final twenty

(20)days from the date of this Order without further Order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions as specified above in Section III shall be final when the extension expires, if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 17th day of October 2006. For the Nuclear Regulatory Commission. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Attachment 1—List of Applicable Materials Licensees Redacted Attachment 2—Requirements for Fingerprinting and Criminal History Checks of Individuals When Licensee's Reviewing Official Is Determining Unescorted Access to Radioactive Materials Subject to EA-06-249 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 RAMQC. 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 73.59 for access to Safeguards Information, has a favorably-decided U.S. Government criminal history 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 check must be provided for wither of the latter two cases. 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 materials associated with the Licensee's activities. 4. All fingerprints obtained by the Licensee pursuant to this Order must be submitted to the Commission for transmission to the FBI. 5. The Licensee shall review the information received from the FBI and consider it, in conjunction with the trustworthy and reliability requirements of the RAMQC Order, in making a determination whether to grant, or continue to allow, unescorted access to radioactive materials. 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 RAMQC. 7. The Licensee shall document the basis for its determination whether to grant, or continue to allow, unescorted access to RAMQC. Prohibitions A Licensee shall not base a final determination to deny an individual access to radioactive materials 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 RAMQC, 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 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 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 RAMQC based upon the criminal history record only upon receipt of the FBI's ultimate confirmation or correction of the record. Upon a final adverse determination on unescorted access to RAMQC, the Licensee shall provide the individual its documented basis for denial. Unescorted access to RAMQC shall not be granted to an individual during the review process. Protection of Information 1. Each Licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures for protecting the record and the personal information from unauthorized disclosure. 2. The Licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining unescorted access to RAMQC. 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 to the panoramic or underwater irradiator sealed sources. After the required three

(3)year period, these documents shall be destroyed by a method that will prevent reconstruction of the information in whole or in part. [FR Doc. E6-17762 Filed 10-23-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Meetings; Sunshine Act Agency Holding the Meetings: Nuclear Regulatory Commission. Dates: Weeks of October 23, 30, November 6, 13, 20, 27, 2006. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Matters to be Considered: Week of October 23, 2006 Tuesday, October 24, 2006 9:30 a.m.—Briefing on Transshipment and Domestic Shipment Security of Radioactive Material Quantities of Concern (RAMQC) (Closed—Ex. 3) (morning session). 1:30 p.m.—Briefing on Transshipment and Domestic Shipment Security of Radioactive Material Quantities of Concern (RAMQC) (Closed—Ex. 3 and 9) (afternoon session). Wednesday, October 25, 2006 9:30 a.m.—Briefing on Institutionalization and Integration of Agency Lessons Learned (Public Meeting) (Contact: John Lamb, 301-415-1727). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* 1:25 p.m.—Affirmation Session (Public Meeting) (Tentative) a. Final Rule: National Source Tracking of Sealed Sources (RIN 3150-AH48) (tentative) 1:30 p.m.—Briefing on Resolution of GSI-191, Assessment of Debris Accumulation on PWR Sump Performance (Public Meeting) (Contact: Michael L. Scott, 301-415-0565) This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of October 30, 2006—Tentative There are no meetings scheduled for the Week of October 30, 2006. Week of November 6, 2006—Tentative Wednesday, November 8, 2006 9:30 a.m.—Briefing on Digital Instrumentation and Control (Public Meeting) (Contact: Paul Rebstock, 301-415-3295). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Thursday, November 9, 2006 9:30 a.m.—Briefing on Draft Final Rule—Part 52 (Early Site permits/Standard Design Certification/Combined Licenses) (Public Meeting) (Contact: Dave Matthews, 301-415-1199). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of November 13, 2006—Tentative There are no meetings scheduled for the Week of November 13, 2006. Week of November 20, 2006—Tentative There are no meetings scheduled for the Week of November 20, 2006. Week of November 27, 2006—Tentative There are no meetings scheduled for the Week of November 27, 2006. * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,

(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/what-we-do/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notifiy the NRC's Disability Program Coordinator, Deborah Chan, at 301-415-7041, TDD: 301-415-2100, or by e-mail at *DLC@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: October 19, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06-8867 Filed 10-20-06; 10:52 am]

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