ML20057C400
| ML20057C400 | |
| Person / Time | |
|---|---|
| Issue date: | 07/07/1993 |
| From: | Brady R NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Burnett R, Congel F, Dambly D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20057C397 | List: |
| References | |
| FRN-58FR44435, RULE-PR-11, RULE-PR-25 AE68-2-002, AE68-2-2, NUDOCS 9309280314 | |
| Download: ML20057C400 (14) | |
Text
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E UNITED STATES 5
ti NUCLEAR REGULATORY COMMISSION
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JUL 7 1993 MEMORANDUM FOR:
Those on Attached List FROM:
Raymond J.
Brady, Director Division of Security Office of Administration
SUBJECT:
AMENDMENT TO 10 CFR PARTS 11, " CRITERIA AND t
PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL" AND 25, " ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL" Enclosed is a final rule, "NRC Access Authorization Program,"
amending 10 CFR Parts 11 and 25 to reflect new OPM investigation costs which NRC will be required to pay beginning October 1, 1993.
The fees charged to licensees must be sufficient to cover the costs NRC incurs processing licensee access authorizations.
We are circulating this package to all Offices concurrently to reduce the time required to complete the concurrence process.
Please provide comments or concurrence by July 28, 1993.
If you or your staff have any questions, please contact Sandra i
Schoenmann, of my staff, on 492-8774.
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Enclosure:
As stated i
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9309280314 930921 PDR PR 11 5BFR44435 PDR
MEMORANDUM DATED:-
MEMORANDUM FOR:
Those on Attached List FROM:
Raymond J.
Brady, Director Division of Security Office of Administration
SUBJECT:
AMENDMENT TO 10 CFR PARTS 11 " CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL" AND 25, " ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL" Robert J. Burnett, FCSS/NMSS Frank J. Congel, DRSS/NRR Dennis C.
Dambly, OGC Bill M. Morris, DRA/RES Denwood F. Ross, AEOD George H. Messenger, DISS/IRM David L. Meyer, RRDB/ADM
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NUCLEAR REGULATORY COMMISSION 1
I 10 CFR Parts 11 and 25 t
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RIN:
3150-AE32 t
Access Authorization Fee Schedule g
for Licensee Personnel-
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AGENCY:
Nuclear Regulatory Commission.
4 ACTION:
Final rule.
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SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its regulations to revise the fee schedule for background i
investigations of licensee personnel who require access to National Security Information and/or Restricted Data and access j
i to or control over Special Nuclear Material.
These amendments f
comply with current regulations that provide that NRC will publish fee adjustments concurrent with notifications of any changes in the rate charged the NRC by the Office of Personnel i
Management (OPM) for conducting investigations.
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EFFECTIVE DATE:
(30 Days after date of publication in the Federal Reaister).
l FOR FURTHER INFORMATION CONTACT:
Sandra I.
Schoenmann, Division j
of Security, Office of Administration, U.
S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-4774.
SUPPLEMENTARY INFORMATION:
The OPM conducts access authorization i
background investigations for the NRC and sets the rate charged for these investigations.
Effective October 1, 1993, OPM will a -
increase the rate it charges NRC for conducting access
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4 authorization background investigations.
Because the fees that i
NRC charges its licensees for material access authorizations and j
personnel security clearances are determined by the rates charged i
by OPM for conducting the background investigations, the fee l
schedules in NRC regulations must be amended to reflect the OPM I
i rate increase.
OPM is increasing the rate it charges for background investigations by approximately 25 percent.
NRC is passing this additional cost to licensees.
These changes comply i
with current regulations that provide that NRC will publish fee adjustments concurrent with notification of any changes in the j
rate charged the NRC by OPM for conducting the investigations.
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Because this amendment deals solely with agency practice and j
procedure, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C.
553(b) 7 Environmental Impact:
Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22 (c) (1).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
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.t Paperwork Reduction Act Statement j
i This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et Oeg).
Existing l
requirements were approved by the office of Management and Budget, approval numbers 3150-0046 and 3150-0062.
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l The Commission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits j
i of the alternatives considered by the Commission.
The analysis is available for inspection in the NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington, DC.
Single copies of the analysis may be obtained from Sandra I.
Schoenmann, Division of
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Security, Office of Administration, U.
S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone:
(301) 492-8774.
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Backfit Analysis l
i The NRC has determined that the backfit rule, 10 CFR 50.109, j
applies to this rulemaking initiative because it falls within the l
criteria of 10 CFR Part 50.109(a)(1), but that a backfit analysis l
is not required because this rulemaking qualifies for exemption l
under 10 CFR 50.109 (a) (4) (iii) that reads "That the regulatory action involves.
redefining what level of protection to the i
i common defense and security should be regarded as adequate."
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l List _of Subjects
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Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material.
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Classified information, Criminal penalty, Investigations, l
Reporting and recordkeeping requirements, Security measures.
i 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 5 U.S.C.
552 i
and 553, the NRC is adopting the following amendments to 10 CFR i
Parts 11 and 25.
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-i PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY 6
FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL i
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The authority citation for Part 11 continues to read as follows:
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AUTHORITY:
Sec. 161, 68 Stat. 948, as amended (42 U.S.C.
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l 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
5841).
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Section 11.15(e) also issued under sec. 501, 85 Stat. 290 i
(31 U.S.C. 483a).
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2.
In S11.15 paragraph (e)(1) is revised to read as j
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follows:
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1 S 11.15 Application for special nuclear material access f
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-authorization.
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(e) (1) Each application for special nuclear material access i
authorization, renewal, or change in level must be accompanied by l
the licensee's remittance, payable to the U.S.
Nuclear Regulatory Commission, according to the following schedule:
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NRC-U requirir.g full field investigation
$3,800 f
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NRC-U requiring full field investigation (expedited processing)
$4,300 i
iii.
NRC-U based on certification of comparable full field j
l background investigation 2$0-i iv.
NRC-U or R renewal 2$67 1
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NRC-R.
$67 2
vi.
NRC-R based on certification of comparable j
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2 investigation.
$0 1
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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 $3,800 will be assessed prior to the conduct of the investigation.
If the NRC determines, based on its review of available data, 2
that a National Agency Check and Credit investigation is necessary, a fee of $67.00 will be assessed prior to the conduct of the investigation; however, if a full field investigation is deemed necessary by the NRC, based on its review of available data, a fee of $3,800 will be assessed prior to the conduct of the investigation.
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PART 25 - ACCESS AUTHORIZATION FOR' LICENSEE PERSONNEL
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- 3. The authority citation for Part 25 continues'to read as j
follows:-
AUTHORITY:
Secs. 145, 161, 68 Stat. 942, 948, as amended i
(42 U.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.
7 398 (50 U.S.C. 401, note);.E.O. 12356, 47 FR 14874, April 6, 1982.
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Appendix A also issued under 96 Stat. 1051 (31 U.S.C.
9701).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 l
U.S.C. 2273); SS25.13, 25.17(a), 25.33(b) and (c) are issued under sec. 161i, 68 Stat. 949, as amended (42 U.S.C.
2201(i));
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and SS25.13 and 25.33(b) are issued under sec. 161o, 68 Stat.
I 950, as amended (42 U.S.C. 2201(o)).
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Appendix A is revised to read'as follows:
APPENDIX A - FEES FOR NRC ACCESS AUTHORIZATION Category Fee 1
h Initial "L" Access Authorization 2$67 Reinstatement of "L" Access Authorization.
2$67 Extension or Transfer of "L" Access Authorization.
2$67 Initial "Q" Access Authorization
$3,800 l
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t Initial "Q" Access Authorization (expedited processing)
$4,300 Reinstatement of "Q" Access Authorization.
2$3,800 s
Reinstatement of "Q" Access Authorization (expedited 2
processing)
$4,300 2
Extension or Transfer of "Q"
$3,800 Extension or Transfer of "Q" (expedited processing) 2$4,300 1
If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of
$3,800 will be assessed prior to the conduct of the e
investigation.
2 Full fee will only be charged if investigation is required.
Dated at Rockville, Maryland this day
,1993.
For the Nuclear Regulatory Commission.
James M.
- Taylor, Executive Director for Operations.
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REGULATORY ANALYSIS 1.
Statement of Problem Effective October 1, 1993, the Office of Personnel Management (OPM) is increasing the rate it charges NRC to conduct. access authorization background investigations.
Since the fee that NRC charges its licensees for material access authorizations and personnel security clearances is dependent on the background investigation rate charged by OPM, the NRC regulations containing the fee schedule, 10 CFR Parts 11 and 25, must be amended to reflect the rate increase.
Otherwise, NRC would be subsidizing licensee applications for material access authorization and personnel security clearances.
2.
Obiective The objective of this regulatory initiative is to inform licensees and other nongovernmental bodies of OPM's rate increase to NRC for the conduct of background investigations 3.
Alternatives There is no reasonable alternative to the revision of these regulations that would achieve the desired result.
4.
Consecuences There are approximately 23 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 under.Part 11 by NRC.
In 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 under Part 25 by NRC.
Each application for special nuclear material access authorization or a personnel security clearance must be accompanied by the licensee's remittance payable to NRC.
Since OPM is raising the rates they charge for background investigations, NRC is passing the additional cost on to the licensees.
The additional cost to the licensees will not have an impact on either NRC programs or requirements at these facilities.
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Decision Rationale The only available method of imposing this requirement on selected licensees is to revise 10-CFR Parts 11 and 25.
Other avenues would lack the requisite formality and legality necessary to require all affected NRC licensees to l
adhere to the changes in fees required for background-investigations.
6.
Imolementation
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The Division of Security intends to publish the Final Rule amending 10 CFR Parts 11 and 25 by August 15, 1993.
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