• Persons identified in 10 CFR 73.59, “Relief from Fingerprinting, Identification and Criminal History Records Checks and Other Elements of Background Checks for Designated Categories of Individuals,” and 10 CFR 73.61, “Relief from Fingerprinting and Criminal History Records Check for Designated Categories of Individuals Permitted Unescorted Access to Certain Radioactive Materials or Other Property,” • Federal, State, and local officials, including inspectors, whose occupational status is consistent with the promotion of common defense and security or the protection of public health and safety relative to SNF in transit, • Emergency response personnel who are responding to an emergency, • An individual who has had a favorably adjudicated U.S. Government criminal history records check within the last 5 years, under a comparable U.S. Government program involving fingerprinting and an FBI identification and criminal history records check (e.g., National Agency Check, Transportation Worker Identification Credentials under 49 CFR 1572, Bureau of Alcohol Tobacco Firearms and Explosives background check and clearances under 27 CFR 555, Health and Human Services security risk assessments for possession and use of select agents and toxins under 42 CFR 73, hazardous material security threat assessment for hazardous material endorsement to commercial driver’s license under 49 CFR 1572, Customs and Border Patrol’s Free and Secure Trade Program) provided that he or she makes available the appropriate documentation. Written confirmation from the agency or employer that granted the Federal security clearance or reviewed the criminal history records check must be provided to the licensee. The licensee shall retain this documentation for a period of 3 years from the date the individual no longer requires access authorization relative to SNF in transit, and • Any individual who has an active Federal security clearance, provided that he or she makes available the appropriate documentation substantiating that clearance. Written confirmation from the agency or employer that granted the Federal security clearance or reviewed the criminal history records check must be provided to the licensee. The licensee shall retain this documentation for a period of 3 years from the date the individual no longer requires access authorization relative to SNF in transit. As mentioned previously, fingerprinting and the other investigative elements in 10 CFR 73.38 do not apply to Federal, State, local, or Tribal law enforcement personnel. Section 73.38(d)(1) requires the licensee to notify each affected individual that the fingerprints will be used to secure his or her criminal history records check and shall inform the individual of the procedures for revising the record or including an explanation in the record, as specified in Section 6.7 of this guidance. All fingerprints the licensee obtained under 10 CFR 73.38(d) must be submitted to the NRC for transmission to the FBI. 6.3.2. Collection of Fingerprints The licensee should have an authorized official, such as a representative from a local law enforcement agency (LLEA), take the individual’s fingerprints. However, an authorized official could be available through private entities, contractors, or an established onsite fingerprinting
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