ML19324B135
| ML19324B135 | |
| Person / Time | |
|---|---|
| Issue date: | 07/07/1989 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19324B123 | List: |
| References | |
| FRN-54FR40859, RULE-PR-11, RULE-PR-25, RULE-PR-95 AD24-2-7, NUDOCS 8911010102 | |
| Download: ML19324B135 (8) | |
Text
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MEMORANDUM FOR:
Victor Stello, Jr.
L Executive Director for Operations FROM:
Patricia G. Norry, Director
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Office of Administration i
SUBJECT:
RECOMMENDATION FOR PROMULGATING RULE: REVISED FEE SCHEDULE (PARTS 11 and 25) AND IMPLEMENTATION OF THE SF-312, IN LIEU OF THE SF-189-A (PARTS 25 AND 95) i In response to the february 13, 1984, memorandum " Control of NRC Rulemakings by Offices Reporting to the EDO," I have enclosed pertinent information which supports my recommendation for the initiation of a rule amendment.
The Office of Personnel Management (OPM) has advised NRC that they will increase effective October 1,1989, the amount they charge ARC for conduct-ing acces,s authorization background investigations by approximately 8 percent (exactamountunavailableatthistime). Since the fees that NRC charges licensees for special nuclear material access authorizations and personnel l
security clearances are dependent on the background investigation rates charged by OPM, the fee sciedules in the NRC regulations must be amended to reflect the OPM rate increase. Otherwise, NRC would be subsidizing licensee applications for special nuclear material access authorizations and personnel security clearances.
The current regulations,10 CFR Part 11,
- Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear liaterial," and 10 CFR Part 25, " Access Authorization for Licensee Personnel,"
will be amended to reflect the revised fee schedules. By the time the rule change is prepared we will have exact fee information from OPM and will include that in the change.
As a result of legal challenge to sortior:s of the SF-189-A, " Classified'Infor-mation Nondisclosure Agreement," tie Information Security Oversight Office has issued a final rule that implements the use of the SF-312, of the same' title
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in lieu of the SF-189-A. National Security Decision Directive 84 requires all persons authorized access to classified information to sign a nondisclosure agreement as a condition of access. The SF-312 replaces the SF-189-A to ful-fill that requirement.
The current regulations,10 CFR Part 25, " Access Authorization for Licensee of National Security Information and Restricted Data,p' will be amended toPerson l
reflect the use of the SF-312.
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If you have 6ny questior.s or need further information, please contact i
Reymond J. Brady Director, Division of Security, on X24100.
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OrtgInalstened b /
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Patrida 4. Norry /
Patricia G. Norry, Director i
Office of Administration
Enclosures:
1.
Regulatory Agenda Entry 2.
Results of Preliminery Office Review of Rulemaking 3.
Preliminary Regulatory Analysis t
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REGULATORY AGENDA ENTRY TITLE:
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Access Authorization fee Schedule for Licensee Personnel and implementation of SF-312 CTR CITATION:
10 CFR 11; 10 CFR 25; 10 CTR 95 ABSTRACT:
I The final rule changes the rate charged to licensees by the NRC for con-ducting access authorization background investigations, t
The final rule implements the use of the Standard form 312 " Classified Information Nondisclosure Agreement " in lieu of the SF-189-A (of the same title) to fulfill the National Security Decision Directive 84 requirement that all persons authorized access to classified information sign a nondisclosure agreement as a condition of access.
TIMETABLE:
Final Action for Division Review (August 1, 1989)
Office concurrence on final action completed (August 18,1989)
Final Action to EDO (September 1, 1989) i Final Action Published (September 30,1989)
LEGAL AUTHORITY:
42 U.S.C. 2165; 42 U.S.C. 2201; 42 U.S.C. 2273; 42 U.S.C. 5841; E. O. 10865; E. O. 12356 i
EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
l Patricia A. Smith Nuclear Regulatory Comission Office of Administration Washington, DC 20555 (301)492-4118 j
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Results of Preliminary Office Review of Rulemaking Entitled " Access Authori-s zation fee Schedule for Licensee Personnel and Implementation of $f 312" I
i Issue to be Addressed i
The Office of Administration (ADM) seeks approval to amend 10 CFR Part 11,
" Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material," 10 CFR Part 25, " Access Authorization for Licensee Personnel," and 10 CFR Part 95, " Security facility Approval and Safeguarding of National Security Information and Restricted Data," to reflect the Of fice of Personnel Management's (0PM's) rate increase to NRC f or access authorization background investigations for licensees, and to implentent the use of the Sf-312 " Classified Information Nondisclosure Agreement," in lieu of i
L the SF-189-A, of the same title.
_Need for Addressing the Issue The OPM has advised NRC that they will increase the rate they charge NRC to t
conduct access authorization background investigations effective October 1, 1989. Since the fee that NRC charg6s its licensees for material access autho-l rizations and personnel security clearances are dependent on the background investigation rates charged by OPM, the NRC regulations containing the fee schedule, 10 CTR Parts 11 and 25 must be amended to reflect the rate increase.
Otherwise, NRC would be subsidizing licensee applications for material access authorizations and personnel security clearances.
Additionally, as a result of legal challenge to portions of the SF-189-A,
" Classified Information Nondisclosure Agreement," the information Security i
Oversight Office (1500) has issued a final rule that implements the use of the Sf-312, of the same title, in lieu of the Sf-189-A.
National Security Decision Directive 84 requires all persons authorized access to classified information to sign a non-disclosure agreement as a condition of access.
Alternatives to Rulemaking ADM sees no alternative to amending these rules that would be more effective and use fewer NRC resources.
_How Issues Will be Address _ed by Rulemaking This final rule will amend 10 CFR Parts 11, 25, and 95 to reflect the OPM
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rate increase to licensees for background investigations and the requirement that all persons authorized access to classified information must sign a nondisclosure agreement as a condition of access.
y Now the Public. Inoustry, and NRC Will Be Affected o
A negligible affect is predicted for the general public since this rulemaking activity applies only to those licensees and others who need to use, process, store,l nuclear r,naterial (as defir+d in 10 Cfk Part 73),or generate, receiv transport or deliver to a carrier for transport formula quantities of specia safeguard, and store L'ational Security Information or Restricted Data (as oefinedin10CFRPart25). Approximately 29 NRC licensees and other in-terests will be affected. ADM views these anendments as a necessity, a
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Fnclosure 3 PREL]MINARY RE0VLATORY ANALYSIS l
1.
Statement of Problem
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Effective October 1,1989, the Office of Personnel Manacement (OPM) will increase the rate they charge NRC to conduct access aut50rization background investigations.
Since the fee that NRC charges its licensees for material access authorizations and personnel security clearances are dependent on the background investigation rate charged by OPM, the NRC regulations containing the fee schedule, 10 CFR Parts 11 and 25, must be Otherwise NRC would be subsidizing amended to reflect the rate increase.
licensee applications for material access authorization and personnel security clearances.
i Additionally, as a result of legal challenge to portions of the SF-189-A,
" Classified Information Nondisclosure Agreement," the Information Security i
Oversight Office (1500) has issued a final rule that implements the use of the SF-312, of the sane title, in lieu of the SF 189 A.
National Security Decision Directive 84 requires all persons authorized access to classified information to sign a nondisclosure agreement as a condition of access.
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2.
Objective i
The objective of this regulatory initiative is to inform licensees and i
other nongovernmental bodies of OPM's rate increase to NRC for the conduct of background investigations, and to implement the SF-312, in lieu of the SF-189-A.
3.
Alternatives l
There is no reasonable alternative to the revision of these regulations that would achieve the desired result.
f 4.
Consequences There are approximately 29 affected entities licensed by the NRC.
Each licensee who uses, processes, stores, transmits, or delivers to a carrier for transport, formula quantities of special nuclear material must have their personnel granted material access authorizations from the NRC.
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addition each licensee who needs access to National Security Information or Restricted Data to conduct official NRC business must have a personnel security clearance granted to them by NRC.
Each application for special
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nuclear material access authorization or a personnel security clearance must be accompanied by the licensee's remittance payable to NRC.
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Since OPM has raised the rates they charge for background investigations, NRC is passing the additional cost on to the licensees.
The additional i
cost to the licensees will not have an impact on other NRC programs or l
r requirenents 6t these facilities, i
Additionally, individuals authorized access to classified information
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under 10 CFR Part 25, " Access Authorization for Licensee Personnel " will l
be required to sign the SF-312 as a condition of access in lieu of,the lU ST-189-A.
I 5.
Decision Rationale r
i The only available nethod of imposing this legitimate requirement on selected licensees is to revise 10 CFR Parts 11, 25, and 95.
j Other avenues would lock the requisite formality and legality necessary I
to require all affected NRC licensees to adhere to the changes in fee
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schedules for batLground investigations and the requirenent that all a
persons authorized access to classified information must sign a nondisclo-l sure agreement as a condition of access.
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6.
Implementation i,
t The Division of Security intends to publish the final Rule amending 10 CFR Parts 11, 25, and 95 by September 30, 1989.
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