ML19332C745
| ML19332C745 | |
| Person / Time | |
|---|---|
| Issue date: | 09/14/1989 |
| From: | Dunleavy J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML19332C415 | List: |
| References | |
| FRN-54FR38863, RULE-PR-11, RULE-PR-25, RULE-PR-95 AD28-1-8, NUDOCS 8911280497 | |
| Download: ML19332C745 (18) | |
Text
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$ 1 44 1989 yg 1
NUl0RANDUM TOR:
David L. Heyer Chief Regulatory PubIfcations Branch Division of rreedom of Infor: ration and Publications Services Office of Administration FROM:
James J. Dunleavy, Chief Personnel Security Branch Division of Security
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Office of Administration
SUBJECT:
PUBLICATION OF THE PROPOSED RULE TO ANEND 10 CFR PARTS 11, 25, and 95 Enclosed for publication in the Federal Register is the proposed rule to amend 10 CFR Parts 12, 25, and 95.
This rule was approved for publication by the EDO on September 6, 1989.
The coment period expires 60 days from the date of publication.
If you have any questions, please call Beth Bradshaw on X24120.
/S/
James J. Dunleavy, Chief Personnel Security Branch Division of Security Office of Administration
Enclosure:
As stated DISTRIBUTION: Ako En(I.
SCF: LRD 3.00.05 LRD 3.00.09 LRD 3.00.11 LRD 3.00.17 LRD 3.00.07 11 PER 1.00.01 PER 1.00.03 NCF: None D/SEC R/F
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0FFICIAL RECORD COPY 8911290497 091120 PDR PR 11 54FR30863 PDR
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ENCLOSURE A
[7590-01)
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11, 25 and 95
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l RIN 3150 - /D28 4
Credit Checks - Expanded Personnel Security Investigative Coverage
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1 AGENCY: Nuclear Regulatory Comission.
I ACTION: Proposed rule.
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SUMMARY
- .The Nuclear Regulatory Comission proposes to amend its
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regulations to (1) expand the investigative scope for "R" special nuclear material access authorization and "L" security clearance applicants by adding a credit check; and (2) revise the corresponding fee schedules to recover the additional cost of each credit check. This asendment is necessary to achieve 6 higher degree of assurance that "R" and "L" applicants are reliable, trustworthy, and do not have any significant i
financial problems which may cause them to be susceptible to pressures, blackmail, or coercion to act contrary to the national interest.
j DATE: Consnent period expires Coments received after this date will be considered if it is practical to do so, but the Comis-t l
sion is able to assure consideration only for coments received on or before this date.
l ADDRESSES: Mail written comments to: Secretary, U. S. Nuclear Regulatory Comission, Washington, DC 20555, ATTENTION: Docketing and Service p
Branch.
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Deliver Coments to:
11555 Rockville Pike, Rockville, Maryland, I
between 7:30 a.m. and 4:15 p.m. Federal workdays, l
Copies of the regulatory analysis and conments received may be examined at: RoomLL6,2120LStreet,NW.(LowerLevel), Washington, DC.
l FOR FURTHER INFORMATION CONTACT: Beth Bradshaw, Personnel Security Branch, Division of Security, Office of Administration, U. S. Nuclear Regulatory Comission, Washington, DC 20555, telephone:
(301) 492-4120.
SUPPLEMENTARY INFORMATION: On April 12, 1989, the Executive Director for Operations (EDO) approved the immediate addition of a credit check to the scope of the initial investigation coverage required for an NRC "L" security clearance for NRC employees, contractors, and other non-licensee personnel. The EDO also approved the initiation of rulemaking to implement the same investigative scope change for "R" and "L" licensee applicants.
The current investigative coverage for "R" and "L" applicants normally consists of a National Agency Check (NAC) conducted by the Office of PersonnelManagement(OPM). While a NAC provides irportant coverage of an individual's hackground (e.g., FBI criminal history fingerprint and name checks; record checks with OPM, the Department of Defense (D0D) and other applicable agencies), it does not provide information concerning an individual's financial situation. NRC proposes, therefore, to expand the present investigative scope for an "R" special nuclear material access authorization and "L" security clearance by adding a credit check.
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The addition of the credit check is necessary to achieve a higher degree of assurance that "R" and "L" applicants are reliable, trustworthy, and do not have any significant financial problems which may cause them to be susceptible to pressures, blackmail,'or coercion to act contrary to the national interest.
In October 1987, OPM added several significant I
financial questions to its SF-86, " Questionnaire for Sensitive Positions,"
which the NRC currently uses as a basis for its personnel security investigations. OPM added these questions. in order to identify security related concerns and possible exploitable weaknesses in a person's back-ground.
In view of recent espionage for money cases, it is important to identify those individuals who have serious financial dif ficulties and l
are, therefore, more susceptible to comiting espionage or similar activities against the United States.
Furthermore, NRC has found, based on actual case experience, that an individual's financial difficulties may be an indicator or result of other more serious problems such as drug abuse, alcohol abuse, or dishonesty.
In addition to providing greater assurance of an "R" and "L" applicant's eligibility, the credit check will achieve greater comparability between NRC's requirements and those of the Department of Energy and other agencies i
which require the credit check for their "L" and Secret clearances. The proposed requirement will be a, ore consistent with the investigative f
coverage proposed in the Nuclear Management and Resources Council (NUMARC) guidelines for licensee personnel with unescorted access to protected and vital areas of nuclear power plants.
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3 em The applicable fee scheoules will be revised to reflect the additional cost associated with the conduct of the credit check.
Specifically. the fee for an NRC "R" special nuclear material access authorization or "L" security clearance will increase from $15.00 to $25.00.
Environmental Impact: Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described as a categorical exclusion in 10 CFR 51.22 (c) (1).
Therefore, neither an environmental impact statement nor an environ-i mental assessment has been prepared for this proposed rule.
i Paperwork Reduction Act Statement This proposed rule does not contain a new or amended 'information collection requirement subject to the Paperwork Redcction Act of 1980 (44 U.S.C. 3501 et. seq.) Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0046, 3150-0047, i
and 3150-0062.
Regulatory Analysis u
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The Commission has prepared a regulatory analysis on this proposed L
l-regulation. The analysis examines the costs and benefits of the alter-1 natives considered by the Comission.
The analysis is available for 1
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i inspection in the NRC Public Document Room, Room LL6, 2120 L Street, NW.(LowerLevel), Washington,DC. Single copies of the analysis may be obtained from Beth Bradshaw, Division of Security Office of Admints-tration, U. S. Nuclear Regulatory Connission, Washington, DC 20555, telephone:
(301) 492-4120.
t Regulatory flexibili:y Certification Based upon the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act, 5 U.S.C.
605(b), the Conmission certifies that, if promulgated, this rule will not l
l have a significant economic impact on a substantial number of small i
entities. This rulemaking activity applies only to those licensees and l
others who need to use, process, store, transport, or deliver to a carrier
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for transport formula quantities of special nuclear material;(as defined in 10 CFR Part 73) or generate, receiva, safeguard, and store National Security Information or Restricted Data (as defined 8n'10 CFR Part 25).
l Approximately 31 NRC licensee and other license related interests woulo be affected under the provisions of 10 CFR Parts 11 and/or 25. However, i
20 of these licensee or other interests have only a limited number of l
active clearances, e.g., one or two each, relating to safeguards l
activities. Because these licensees are not classified as small entities as defined by the NRC's size standards (December 9,1985;50FR50241),
the Commission finds that this rule will not have a significant economic impact upon a substantial number of small entities, 1
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Ba dfit Analysis-l The NRC has determined that the backfit rule, 10 CFR 50.109,'does not' apply.to this proposed rule, and therefore, that a backfit analysis is not required.for this proposed rule, because these amendments do not involve any provisions which would impose backfits as defined in.
v List of Subjects 10 CFR Part 11 Hazardous materials - transportation, Investigations, Nuclear.
materials, Reporting and recordkeeping requirements, Security measures,
10 CFR Part 25 Classified information, Investigations, Penalty, Reporting and recordkeeping requirements, Security measures.
c 10 CFR Part 95 L
Classified information, Penalty, Reporting and recordkeeping require-ments, Security measures.
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.c For.the reasons set out in the preamble and under the authority of
.the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and S U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 11, 25, and 95.
.PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL-DVER SPECIAL NUCLEAR NATERIAL 4
1.
The authority citation for Part 11 continues to read as follows:
AUTHORITY:. Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C.
483a).
2.
In i 11.7 paragraph (d) is revised to read as follows:
L i 11.7 Definitions.
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(d)
"NRC
'R' special nuclear material access authorization" means l
an administrative determination based upon a national agency check and credit investigation that an individual in the course of employment is eligible to work at a job falling within the criterion of 611.11(a)(2).
3.
In i 11.15 paragraphs (e)(1) and (f) are revised to read as follows:
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~ F11'.15: Application for special nuclear material access ' authorization.
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-(e)(1)Eachapplicationforspecialnuclearmaterialaccessauthori-zation,' renewal, or change in level must be accompanied by the licensee's remittance, payable to the.U. S. Nuclear Regulatory Consission, according to'the following schedule:
1.
NRC-U requiring full field investigation ------------------ $2,127
- 11. NRC-U requiring full field investigation (expedited processirg)
$2,645 iii. NRC-U based on certification of comparable full field background I
investigation ----------------
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iv. hRC-U or R renewal -----------
25 1
v.
NRC-R ------------------------
25 NRC-R based on certification of comparable investigation ---- 20 vi.
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1 If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $2,127 will
.be assessed prior to the conduct of the investigation.
2 If the NRC determines, based on its review of available data, that a national agency check and credit investigation is necessary, a fee of $25.00 will be assessed prior to the conduct of the investi-l gation, however, if a full field investigaticn is deemed necessary by the NRC based on its review of available data, a fee of $2,127 will be assessed prior to the conduct of the investigation.
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(f)(1)' Any Federal evioyee, employee of a-contractor of a Federal agency.. license'e, or 'other person visiting an affected facility for the 1
purpose of conducting official business,'who possesses an active NRC or L
DOE-Q access authorization or an equivalent Federal security clearance granted by another Federal agency (" Top Secret") based.on a comparable-full field background investigation may be permitted in accordance with i 11.11 the same level of unescorted access that ar hRC-U special nuclear. material access authorization would afford.
(2) Any Federal employee, employee of a contractor of a Federal agency, licensee, or other person visiting an affected facility for the:
purpose of conductbg official business, who possesses an active NRC or f
DOE-L access authorization or an equivalent security clearance granted by 'another Federal agency (" Secret") based on a background investigation l
or national agency check and' credit investigation may be permitted in accordance with i 11.11 the same level of unescorted access that an i
NRC-R special nuclear material access authorization would afford. An NRC or DOE-L access authorization or an equivalent security clearance
(" Secret"), based on a background investigation or national-agency check, which was granted or being processed by another Federal agency orior to [date final rule is published in the Federal Register) is p
acceptable to meet this requirement.
4.
Section 11.16 is revised to read as follows:
911.16 Cancellation of request for special nuclear material access authorization.
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l When~ a' request for an individual's access authorization is with-drawn or cancelled, the licensee shall notify the Chief,- Personnel Security Branch, NRC Division of Security issediately, by telephone,
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~ so that the full field investigation or national agency check and credit investigation may be discontinued. The caller shall provide the full'nare and date of birth of the. individual, the date of request, and the type of access authorization originally requested ("U" or "R").
I The licensee shall promptly submit written confirmation of the telephone notification to the Personnel Security Branch, NRC Division of Security.
A portion of the fee for the "U" special nuclear material access authori-zation may. be refunded depending upon the status of the full field l
investigation at the time of withdrawal or cancellation.
l PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 5.
The auth rity citation for Part 25 continues to read as follows:
l-AUTHORITY:. Secs. 145, 161, 68 Stat. 942, 948, asamended(42U.S.C.
2165, 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); E.O.
10865, as amended, 3 CFR 1959-1963 COMP., p. 398 (50 U.S.C. 401, note);
l E.0. 12356, 47 FR 14874, April 6, 1982.
Appendix A also issued under.96 Stat. 1051 (31 U.S.C. 9071).
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For the purposes of sec. 223, 68 Stat. 958 as amended (42 U.S.C.
I 2273), il '25.13, 25.17(a), 25.33(b) and (c) are issued under sec.1611, 68 Stat. 949, as amended (42 U.S.C. 2201 (1)); and il 25.13 and 25.33(b) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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In i 25.5 the definition of "L" is revised to read as follows:-
5 25.5 Definitions.
~ "L" access authorization means an access authorization granted by the Commission which is normally based on a national agency check and credit (NAC&C) investigation or national agency check, inquiries and credit (NACIC) investigation conducted by the Office of Personnel Management, j
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Section'25.25 is revised to read as follows:
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i i 25,25 Cancellation of requests for access authorization.
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When a request for an individual's access authorization is with-1 L
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drawn or cancelled, the requester shall notify the NRC Division of Security inanediately, by telephone, so that the full field investi-4 gation or national agency check and credit investigation may be L.
E discontinued.
The caller shall supply the full name and date of birth l
L of the individual, the date of request, and the type of access authori-zation originally requested ("Q" or "L").
The telephone notification must be promptly confirmed in writing.
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' Appendix A'is revised to read as follows:
l Appendix A - Fees for' NRC Access Authorization Category ~
Fee Initial "L" Access Authorization............................ I$25 Reinstatement of "L" Access Authorization................... I$25 Extension or Transfer of "1" Access Authorization........... I$25 Ini tia l "Q" Access Au thoriza tion............................. $2,127
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Initial "Q" Access Authorization (expedited processing)....... $2,645 Reinstatement.of "Q" Access Authorization................... 2$2,127 Reinstatenent of "Q" Access Authorization (expedited processing)...................................
2$2,645 Ex tension or Transfer of "Q"...............................
2$2,127 Extension or Transfer of "Q" (expedited processing)........
2$2,645 I If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $2,127 will be assessed prior to the conduct of the investigation..
2 Full fee will only be charged if investigation is required.
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.PART 95 SECURITY FACILITY APPROVAL AND SAFEGUARDING 0F NATIONAL SECURITY INFORMATION AND RESTRICTED DATA
- 9. The authority citation for Part 95 continues to read as fo11cws:
AUTHORITY:. Secs. 145, 161, 88 Stat. 942, 948, as amended (42 U.S.C.
2165, 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841); E.O.
i 10865,asamended,3CFR1959-1963 COMP.,p.398(50_U.S.C.401, note):
E.O. 12356,'47 FR 14874, April 6, 1982.
-i For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); il 95.13,- 95.15(a), 95.25, 95.27, 95.29(b), 95.31, 95.33, 95.35, t
95.37, 95.39, 95.41 95.43, 95.45,.95.47, 95.51, 95.53, and 95.57 are also issued under sec. 1611,68 Stat.949,asamended(42U.S.C.2201(i)).
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In f 95.5 the definition of "L" is revised to read as follows:
$ 95.5 Definitions.
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f "L" access:authoritation means an access authorization granted by the Comission which is normally based on a national agency check and credit investigation (NAC&C) or national agency check, inquiries and credit (NACIC) investigation conducted by the Office of_ Personnel i
Hanagement.
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t Dated at Rockville, Maryland this day of
, IgS9 i
-1 For the Nuclear Regulatory Comission, s
James M. Taylor, Acting Executive Director.
for Operations.
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t Proposed Rules "d"'**'*'
Vol 64. No.1st l'hursday, Septenber 21,19se TNs socsan of the FEDCRAL REGSTER Administratlon. US Nuclear Regulatory serious probleens such as drug abuse, contains notices to sie Wtse of to CommisslorL Washington. DC 2055.
alcohol abase. or dishonesty.
protooed issuance of euw aM telephone:(301) 492-412EL la addition to providing greater N*
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sum.EMENTANY tur0RatAnoat On April assurance of an T and 't"Ilcensea ons opportu ey to petichste in se nAs 12,1980, the E ecutive Director for applicant's eligibalty, the credit deck making pnar to the a44cm of 9 e Enal Operations (EDO) approved the will achieve greater comparability tvles.
Iminediate addition of a credit check to between NRC's requirements and those s
_._. the scope of theinitialinvestigation of the Depadment of Energy and othcr NUCLEAR REGULATORY coverage required for a NRC"L" agencies whld) require the credit check COMMISS)ON security clearance for NRC employees, for their "1* and Secret dearances. The contractors, and other non licensee proposed requirement wlD be more 10 CTR Parts 11,25 and 95
- cnonnel The EDO also approved the conststent with the tuvcstigative initiation of rulemaking to implernest coverage proposed in the Nuclear FilN 31%AD28 the same investigative empe cha for Management and Reyneces Coundl Credt Checks; Expanded Personnel T and Mcensee appBcants.
(NRQ guidanes Mcensee Security Investigative Coverage g,,,, investigative coverage for T.
personnel with unescorted access to current applicants normally consists of protected and vital areas of nudeae ACENCY; Nuclear Regulatory a National Agency Check {NAC) power planta.
l Commissloa.
conducted by the Office of Personnel
%e applicable foe schedules wn! be Acnoac Proposed ruta.
Management (OPM). While a NAC revised to reflect the additional met provides important coverage of an essociated with the conduct of the credit svuuAny:%e Nudear Regulatory individual's background (e g., FBI check.SpecincaUy, the fee for an NRC Commission proposes to amend its criminal history fingerpdnt and name "R"sper:dal nudear matedal access regulations to (1) expand the checks: record 6ecks with OPM, the a uthorizattoo or "L" security clearance l,
investigative scope for licensee "R" Department of Defense (DODj and other will increase from $15.00 to $25Aa.
special nudear material access applicable agenloes),it does not provide l
authorization and "L" security clearance information concerning an todividual's EndronmentaMmpactZaW E* d"'I*"
l applicants by adding a credit check; and financial situation. NRC proposes, 1
(2) revise the wycodmg fee therefore, to expand the present The NRC has determined that this schedules to recover the additional cost investigative scope for en T spedal proposed regulation le the type of action l
of each medit check.%1s amendment is nudear inntedal access authodzation detaibed as a ce tegorical exclusion in -
neccesary to achieve a higher degree of and "L" security clearance by adding a 10 Cnt $1.22 (c)(1). % refore, neither an assurance that licensee T and 1."
uedit ched.
environmentalimpact statement nor en
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applicants are reliable, trustworthy, and the addition of the creclit check is environmental ar,sessment has been do not have a significant financial necessary to achieve a higber degree of prepared for this proposed t,sle.
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t op bla ma Papwod ReMu Act Raw e
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t and coercion to act contrary to the nat>onal Interest.
do not have any significant Snancial This proposed rule does not contain a problems which may cause them to be new or amended infortnation coUection DATE: Corr.tnent period expires susceptible to prersures, blackmalt. or requirement subject to the paperwork Novgnber 21.1te!L Comments received coercion to act contrary to the national Reduction Act of1900(44 UAC 3501 et after this date wiD be considered if it is interest. In October 19&, OpM added seq ) Existing requirements werv l-practical to do so, but the Commission is several significant financiel questions to approved by the Office of Managen,ent able to assure cx>nsideration ordy for itt SF-86, " Questionnaire for Sensitive and Budget. approval numbers 3150-l comments recelved on or before this Positions," which the NRC currently 0046,31504X>l7, and 31504Xm2.
i da te, ases as a basis for its personnel security l
Aoontssts: Mall written coinaients to:
investigations. OPM added these Regulatory Analp. la i
Secretary, UA Naclear Regulatory questions in order to identify security The Commission has prepared a Commission. Washington. DC 20555, related concerns and possible regulatory analysis on this proposed Attention: Docketlog and Service exploitable weaknest.es in a person's regulation. The analysis examtres the Branch.
background. In view of recent espionap costs and benefits of the alternatives l
Deliver Comments to:11555 Rockville for money cases. It is important to considered by the Commission. na Pike, Rock ville, Maryland, bet ween 7:30 identify those individuals who have analysis is available for inspection in a.m. and 4:15 p.m. Federal workdap.
sedous financist difacultles and are.
the NRC public Document Roorn, Roorn Copies of the regulatory analysis and therefore, more susceptible to LIA 2tm L Street, NW. (Lower Level),
comments recieved may be examined at: cornmitting esplonage or similar Washington, DC. Singic copies of the Room LIA 2120 L Street. NW. (Lower ectivitics against the United States.
analysis snay le obtained from Beth Level). Waabington, DC.
Furthermore, NRC has found, based Bradshaw, Division of Security, Office FOR ftJR7HER INFORMAn0N CONTACT:
on actual case experience. that an of AdminI6tratim, UA NucIcar Beth Deadshnw, Personnel Security individuaps finandal difficultlea tmy be Regualtory Commission, Washington, Dranch. Division of Security, Office of an Indicator or result of othcr more DC 20555, telephone: (301) 49M120.
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'88564.,' Federal R:g! stir / Vol. f4 No.182 / Thursday. September
- 21. 1989 / Proposed Rules
' Cegulatory 11axlbility Certincation PARY11'--CRITCntA AND' Federal secu' St cl'earanFe grhnted by. -
Based upon the information avajlable PROCEDURES FOR DETERMINING another Feder agency (" Top Secret")
ct this stage of the rulemaking ELIGIDILITY FOR ACCESS TO OR based on a comparable fullheld proceeding and in accordance with the CONTROL OVER SPECIAL NUCLEAR bac undInvestigation ma be Regulato llexibility Act,6 U.S.C.
MATERIAL
, _ perm ted In accordance wi l 11.11 the 005(b). th Commission certifles that,if promulgated, this rule will not have a 1 Th' '"th ri citatton f# E"rt 11
. cl nificant economic lmpact on a C n "UC' I? T'8[88 I W8:
NRC U e ciel nucicar material access -
authortz tion would afford.
stantial nurnber of small entitles.
Auttarity: Sec. let.se Stat. 94a, es e
og(, contractor of a Fe e al a encyyee
- 2) Any Federal em o >ce, emplo
%is rulemaking'acuvity applies o to amnde 1 (42 U.S.C 22mk sec. 201, se Stat.,
those licensees and others who nee to 1242, u amnded (42 U.S C 66411.
licensee, or other' erdon visit ng an sect! n11.1s use. proccu, atore, transport, or deliver as Stat. 29 (31 g).S.C 483a).eleo lesued under sec. sot. - affected facility I e purpose of t) a carrier for trans rt formula conducting official business, who,
quantitles of special lest material (as
- 2. In l 11.7, paragraph (d) le revised to.
~ defined ln to CFR part 73) or generate, read as follows:
possesses an active NRC or DOE-L..,
access authorlaation or an eq'ulvalent receive, safeguard, and store National Security Informadon or Restricted Data 6,11.7 Definitions..,
Feder og cy (" Secret") based on a securl clearance granted by another
' (as defined in 10 CFR att 25).
A roximately 31 NR licentce and (d)NRC 'R'apec/olauclearmaterlot backgroun vestigation or national c r license related laterests would be access odor /sodon means an agen check and credit investigaUon '
cff;cted under the provisions of to CFR admintatrative determinadon based may se ermitted in accordance with icensee or o/or 25. flowever,20 of these upon a national agency check and credit 5 11.11 e same level of unescorted arts 11 and ther interests have only a investigation that en Individualin the access that an NRC-R special mate 1 Ilmitid number of active clearances, e.g.,
course of employmeat is eligible to work access authorizouon would afford.
cne Cr two each, rela ting to safeguards at a job falling within the criterion of NRC or DOE L access authorizadon or i
cctivities. Because these licensees are l 11.11(a)(2).
an equivalent security clearance j
(" Secret"), based on a background
. not classified as small entitles as
- 3. In 111.15, para 6 tap (e)(1 are revised to read as fo ows: ) and (f)
Investigation or national agency check, d:ftned by the NRC's size st'andards (December 9,1985; 50 PR 50241), the which was granted or being processed Commission finds that this rule w!!! not y g,g g
gg g by another Federal agency prior to hava a significant economic impact upon maurid access amanon.
September 21,1989,is acceptable to nuclear) Each a llcation for special
' meet this requirement.
l a substantial number of small entitles.
(e)(1
- 4. Section 11.16 la revised to read as' Backfit Analysis materia eccess authorization, follows:
'th NRC has determined that the renewal, or change in level must be backfit rule,10 CFR 50.100, does not accompanled by the licensee s g g,g % %,,,,,g t
,,,,p g g cpply to this pro osed rule, and.
remittance, payable to the 11.S. Nuclear
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, m,gon,.
1 therefore. that a ackfit ana alsla not Re latory Commisalon, according to When a request for an Individual,e required for this p ed e,because th following schedule:
- 8" e
ha no y access authorization is withdrawn or j
L thise amendments o not lavolve any
- 1. NRCU requirtog full field investigetton-- Ch!c(
7 provisions which would impose backfits 82.127 Y
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. ce defined in 10 CFR 50.100(a)(1).
it.NRC.U tequiring full field inveettgedoa. Division of Securit immediately, by i
List of Subjects (expedned pmcessing-g2,64s telephone, so that e full field tlL NRC.U based on certmcatico of.
Investigation or national agency check 20 CFR Parf fI Investigation. -e
- comparable full field background and credit investigation ma be H::ardous materiale-transportation, disconUnued.De caller sh !! tovide tv. NRC U or R tenewal-25 5
,Inv:stigations, Nuclear materials,
- v. NRC-R-25
- the full name and date of bi of the Reporting and recordkeeping vi.NRC.R based on certificatico of Individual, the date of request, and the tequirements, Security measures, con' parable taveedgedon-4 e type of access authorization originally 4
Spectil nuclear material ucefed sh 11 prom ("tly submit writtenU" or "R"). %e lice 10 CFR Part:5 (f)(1) Any Federal emplo e,
p employee of a contractor o a Federal confirmation of the telephone Clissified informa...... tion,InvestIUtlons, agency, licensee, or other person visiting B nonficauon to the personnel Security l-Penalty, Reporting and recordkce requirements, Security measures. pingan affected feellt for the purpose of 10 CFR Port M conducting offici business, who portion of the fee of the "U" s ecial q
nuclear material access auth za!!on possesses an active NRC or DOF4
- g. gp access authorization or an equivalent may be refunded depending upon the statu' of the full field investigation at s
Report an tecor eepIng the time of withdrawal or cancellation.
i requirements, Security measures.
i tr se NRC atenntnee, bened on ne revtew of
,,,hbk hu, he e fun o.w inve useuen h PART 25--ACCESS AlfiHORIZAT10N -
~ Far the reasons set out in the
- g ree or sr.m wn t> emmJerior to FOR UCENSEE PEFISONNEL
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8.The authority citation for part 25 A om c e c o 19 end,'
ths Ene Reo anization Act of1974,. - crain tamtts uon te necemry, eYee or $2s 00 war continues to read as follows:
n as amen ed, an 5 U.S.C. 653, the NRC be mmed prior w h onduce d b
' Authorlt Secs, t4s.101, es Stat. 4 2. 048, is proposing to adopt the following
%"'$*,u j,owemgppgeNd"lM8,*",d* as amend (42 U.S C. 21as,22mh sec. 20s. so o
arnendraents to 10 CFR parts 11,25, and aenhtte hu. [ dst.w mu be emmd Sut.1242, es amended (42 U.S C. so4 th E.O.
05.
prior to N conduct of N invesu euen..
. 10665, se amended. 3 CFR 19591963 COMP.,
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G Itderal R:gleter / V41.' 54, Nr.182 / Thursday. September 21, 1989 / Proposed Rules 38865 G'
'p. 39e l50 USC 401. note); E.O.11356,4711t
- l PART 95--SECURITY FACILITY legislative history. existing DOE safety 14874. Apru 6,1981 Appendix A also issued under 96 Stat.1051 - APPROYAL AND SAFE 00ARDING OP requirements, the forthcoming fuuance (31 U.S.C 9021).
NATIONAL SECURITY INFORMATION ' of a general statement of enforcement For the purposes of sec.123, so Stal 958 as AND RESTRICTED DATA policy and proposed procedurel rules for a mended (42 U.S C 124). ll 2s.13. 2s.17(e).
9.%e authority citation for part 95 civ0 penalties, 14.35(bl.ond [c) are inued under sec. tell 88 continues to read as follows:
DATES:The publicls Invited to submit stat. 949, as amended (42 USC 221 (I)); and ll 23.13 and 25.33(b) an inued under uc.
Authority: Secs.145, tel, es Stat. 941,944=
Comtnents and recommendations to either of the addresses listed below by 1810,68 Stat. 950, as amended (42 USC.
(*g*32a l'
h kb*8 NO"'*b'I0'300
2201(o)).
e d
- 6. In l 25.5, the definition of "I"is 1o865. ee amended,3 CT1t 1956-1963 COMP.,
ADDRE99ES: Mall comments to ejther:
- p. Son (50 USC tot, note): E.O.12356,47 FR revised to read as follows:
14874. Apra e, less, Susan Kuznick, Offle'e of General '
- Counsel. U.S. Department of Energ l25.8 Dsfinitions, For the purposes of we. 223, es Stat 958, at amended (42 USC 2273h Il 95.18,96.ls(a).
1000lndependence Avenue SW,, y, I
o os.25. 96.a7. es.2s(bl. os.s1. os.ss, osas, os.sr.
Weshington DC20585,(202)586-6078 L access authorization means an 95.30. 95.4 L 95.43,95.45, os.47, es.st osas, 0'
+
access suthorization granted by the and 95.s7 are also tuued under sec.1611, se, Ellen Ott, Office of General Co?unsel, Commission which is normauy based on sist. 949, as amended (42 U.S c am (f. U. Depa ent of e,1000 i a nadonal agency check and credit
- 10. In i 95.5 the definition of "L"is (NAC&C)1nvestigation or national revised to read as follows:
Washton, DC 20585,(202) 586-09 i agency check,laquiries and credit Comments may be examined in the DOE. (NACIC)investigaHon conducted by the 195.5 Definitions. Frcedom of Information Reading Office of Personnel Management. Room,1E-190,1000 Independence 4 access authorizatio.n means an Avenue SW., Washington, DC 20588
- 7. Section 25.26 is revised to read as access authorization grapted by the Between 9-00 a.m. and 4:00 p.m.,
4 I"O** Comm!ssion which is normally based on Monday through Friday. a national agency check and credit invesugation FOR FURTHER INFORMADON CONTACM i25.25 Cancellation of requests for agency check,(NAC&C) or nadonal Susan Kuznick (202) 5864078, access autt ortsatio#L inquiries and credit When a request for an Individual's (NACIC] investigation conducted by thg SUPPtJMENTARY INFORMATlost i access authorizaUon is withdrawn or Office of Personnel Management. L Introductice cancelled, the requester shall notify the NRC Division of Security immediately, Deted at Ro !!s, Maryland this 6th day On August 20,1988, President Reagan by telephone, so that the full field of September.1. signed into law the Price. Anderson Investigation or national agency check Far the Nuclear Regulatory Commissloa. Amendments Ar,t of1988 (Pub, L No. and credit Investigation anay be jama4 M. Taylor. 100-408)(PAAA).He PAAA subjects DOE contractors who entetinto discontinued. %e caller shall supply the Actirig Executhe pirectorhr Opemtions. Indemnification agreements under the full name and date of birth of the individual, the date of request, and the [FR Doc. 89-22314 Fued p.2He; t es am) Prfce Anderson Act,and their type of access authorization originally subcontractors and supphers, to civG sinneocom r m et.e requested ("Q" or "L" and criminni penalties for violations of i not!!1cadon must be p). %e telephone applicable DOE rules, regulations or romptly confirmed DEPARTMENT OF ENERGY orders related to nuclear safety,Today. In writing.
- 8. AppendirA is revised to read as 10 CFR Ch. lli DOE invites the public to comment on follows:
its plans to implement this new civil and implementationof the Price Anderson criminalpenalty authority as part of an APPENotx A.-FEES FOR NRC ACCESS Amendments Act of 1988 ClYtt and integrated DOE enforcemot program AUTHomZATION Criminal Penalty Authority that provides enforcement cctions 1-U commensurate with the significance of AGENCY: Department of Energy, the involved safety lasues. ACTION: Notice ofinquiry and request ne notice invites comments to aid ,325 for public comments. the Department in formulating a general %,t. 3, Ay,,umg. % g--- statement of enforcement policy son ' $25 $UMMARY:The Department of Energy designed to make clear to the t Estens,on or Transf of "L" Acc.u (DOE) hereby gives notice of, and contractors, subcontractors and Aueoudon- 'S25 invites pubhc comments on,its plans to suppliers the marmer in which DOE wD) gC.q",,Ag,^gug e.t21 Implement newly enacted authority to exercise its enforcement discretion. { sted recessinoL 2.643 subject DOE nucicar contractpre, DOE has reviewed the enforcement neanstatement or "O" Access Aventra subcontractors and suppliers to civil and policles of other agencies, such as the 8 t h.- 82.127 . A *"'*"** *' "0" A*5 ^u"*h* criminal penalties for violations of DOE Nucicar Regulatory Commission, the nuclear. safety requirements pursuant to Environmental Protection Agency, the r:Ien"e nNan7 *oY# E.Ir the Price. Anderson Amendments Act of Research and Special Programs l Entenwon or Transfer of -o" (eecsied 1988 (PAAA)(Pub. L No.104 408, ~ Administration and the Federal Aviation processing) 8 2.64s August 20,1988).Uc notice requests Administradon within the Department. s i3 pubile comments on DOE's plan to of Transportation, and the Occupational e/aSaN[eYtYneM.,tio"at2"n'Nnoce ' urr, a see D 12.127 we be assened prior to tre freptement these new provisions and Safety andllealth Administration discusses pertinent bac round within the Department of Labor, as well
- @Is#[Yo"ney"!Newood r investigai:on to informadon. Including k features of as recommendations of the...
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- d.
relevant statutory auth, o ties nnd their, Administrative Conference of the United i (. -}}