ML20057C401
| ML20057C401 | |
| Person / Time | |
|---|---|
| Issue date: | 07/20/1993 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Brady R NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20057C397 | List: |
| References | |
| FRN-58FR44435, RULE-PR-11, RULE-PR-25 AE68-2-003, AE68-2-3, NUDOCS 9309280318 | |
| Download: ML20057C401 (16) | |
Text
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AE68-2 fB UNITED STATES PDR s
NUCLE AR REGULATORY COMMISSION h, i j j && _/
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WASHINGTON, D. C. 20555 JUL 2 01993
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1pe MEMORANDUM FOR:
Raymond J.
Brady, Director f}j Division of Security j
g Office of Administration ha FROM:
Donnie H.
Grimsley, Director Division of Freedom of Information and Publications Services Office of Administration
SUBJECT:
REVIEW OF FINAL RULE ENTITLED, " ACCESS AUTHORIZATION FEE SCHEDULE FOR LICENSEE PERSONNEL" The Division of Freedom of Information and Publications Services has reviewed the final rule which would revise the fee schedule for background investigations of licensee personnel who require access to National Security Information and/or Restricted Data and access to or control over Special Nuclear Material.
We have attached a marked copy of the final rule that presents our comments.
Please note that a rulemaking document submitted for EDO signature must be submitted under cover of a memorandum to the EDO requesting his approval and signature.
The package submitted must also include an Approved for Publication page and a Daily Staff Notes entry.
We have attached a copy of each of these items that was prepared for the access authorization fee _ schedule final rule published in 1992.
When this document is forwarded for signature and publication, please have a member of your staff include a 3.5-inch diskette that contains a copy of the document in Wordperfect 5.0 or 5.1 as part of the transmittal package.
The diskette will be forwarded to the Office of the Federal Register and the Government Printing Office for their use in typesetting the document.
We have forwarded a copy of the final rule to the Information and Records Management Branch, IRM, for their comment and concurrence concerning the paperwork management aspects of these rulemaking actions.
We have requested that they respond directly to you.
In order to assist you in preparing the list of documents centrally relevant to each proposed rule that is required by NRC's regulatory history procedures, you should place the designator "AE68-2" in the upper right-hand corner of each document concerning the rule that you forward to the Nuclear Document System.
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n.U 9309280318 930921
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Raymond J.
Brady If you have any questions concerning this matter, please have a member of your staff contact Betty K. Golden, 492-4268, or Michael T. Lesar, 492-7758, Rules Review Section.
N Donnie rimsley, Director Division of Freedom of Information and Publications Services Office of Administration Attachments:
As stated
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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 3150 {@
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Access Authorization Fee Schedule for Licensee Personnel AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its regulations to revise the fee schedule for background investigations of licensee personnel who require access to National Security Information and/or Restricted Data and access to or control over Special Nuclear Material.
These amendments 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 Management (OPM) for conducting investigations.
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..I EFFECTIVE DATE:
(30 Days after date of publication in the Federal.Recister).
FOR FURTHER INFORMATION CONTACT:
Sandra I.
Schoenmann, Division of Security, Office of Administration, U.
S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-4774.
SUPPLEMENTARY INFORMATION:
The OPM conducts access authorization background investigations for the NRC and sets the rate charged for these investigations.
Effective October 1, 1993, OPM will increase the rate it charges NRC for conducting access authorization background investigations.
Because the fees that NRC charges its licensees for material access authorizations and personnel security clearances are determined by the rates charged the fee by OPM for conducting the background investigations, schedules in NRC regulations must be amended to reflect the OPM rate increase.
OPM is increasing the rate it charges for NRC is background investigations by approximately 25 percent.
passing this additional cost to licensees.
These changes comply with current regulations that provide that NRC will publish fee adjustments concurrent with notification of any changes in the rate charged the NRC by OPM for conducting the investigations.
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1 Because this amendment deals solely with agency practice and procedure, the notice and comment provisions of-the-Administrative Procedure Act do not apply pursuant to 5 U.S.C.
553 (b) ( A).
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.
Paperwork Reduction Act Statement 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 seq).
Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0046 and 3150-0062.
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l Reguiatory Analysis The Commission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits 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 i
Security, Office of Administration, U.
S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone:
(301) 492-8774.
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Backfit Analysis i
The NRC has determined that the backfit rule, 10 CFR 50.109, applies to this rulemaking initiative because it falls within the criteria of 10 CFR Part 50.109 (a) (1), but that a backfit analysis is not required because this rulemaking qualifies for exemption under 10 CFR 50.109 (a) (4) (iii) that reads "That the regulatory action involves.
redefining what level of protection to the common defense and security should be regarded as adequate."
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r List of Subjects 10 CFR Part 11 i
.I Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material.
l 10 CFR Part 25 icS i
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Classified information, Criminal penalty, Investigations, v
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Reporting and recordkeeping requirements, Security measures.
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 and 553, the NRC is adopting the following amend.ments to 10 CFR Parts 11 and 25.
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PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL i
The authority citation for Part 11 continues to read as 1.
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).
I Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).
i 2.
In 511.15 paragraph (e) (1) is revised to lead as l
follows:
t 5 11.15 Application for special nuclear material access authorization.
i (e)(1) Each application for special nuclear material access authorization, renewal, or change in level must be accompanied by the licensee's remittance, payable to the U.S.
Nuclear Regulatory.
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Commission, according to the following schedule:
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NRC-U requiring full field investigation'
$3,800 1
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NRC-U requiring full field investigation (expedited i
... $4,300 processing) f I
iii.
NRC-U based on certification of comparable full field 2$0 background investigation 2$67 iv.
NRC-U or R renewal v.
NRC-R l'
vi.
NRC-R based on certification of comparable 260 investigation.
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t 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.
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 $67.0c will be assessed prior to the conduct of the investigation; however, if a full field based on investigation is deemed necessary by the NRC,
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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 i
- 3. The authority citation for Part 25 continues to read as
' follows:
t AUTHORITY:
Secs. 145, 161, 68 Stat. 942, 948, as amended (42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 i
I U.S.C.
5841);
E.O. 10865, as amended, 3 CFR 1959-1963 COMP.,
p.
398 (50 U.S.C.
401, note);
E.O. 12356, 47 FR 14874, April 6, 1982.
i Appendix A also issued under 96 Stat. 1051 (31 U.S.C.
9701).
For he purposes of sec. 223, 68 Stat. 958, as amended (42
[
g U.S.C.
2273), SS25.13, 25.17(a), 25 nd-(c) M issued under sec. 161i, 8 Stat. 94.9,-as'~5 mended (42 U.S.C.
2201(i));
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and SS25.13 and 25.3f(')
re issued under sec. 161o, 68 Stat.
p 950, as amended (42 U.S.C. 2201(o)).
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Appendix A'is revised to read las follows::
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.2 5 APPENDIX A - FEES FOR NRC ACCESS AUTHORIZATION 9
Fee Category
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Initial "L" Access Authorization 2$67 i
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2 Reinstatement of "L" Access Authorization
$67 Extension or Transfer of "L" Access Authorization.
2$67 Initial "Q" Access Authorization
.......... $3,800 I
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Initial "Q" Access Authorization (expedited processing)
. $4,300 Reinstatement of "Q" Access Authorization.
2$3,800 T
Reinstatement of "Q" Access Authorization (expedited 2
processing)
$4,300 i
Extension or Transfer of "Q"
$3,800 2
Extension or Transfer of "Q" (expedited processing) 2$4,300 1
If the NRC determines, based on its review of available i
data, that a full field investigation is necessary, a fee of
$3,800 will be assessed prior to the conduct of the 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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8 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, t
NRC would be subsidizing licensee applications for material access authorization and personnel security clearances.
2.
Obiective t
The objective of this regulatory initiative is to inform licensees and other nongovernmental bodies of OPM's rate
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increase to NRC for the conduct of background investigationsy V
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3.
Alternatives 1
i 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 hcvc an impact on either NRC programs or requirements at j
these facilities.
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Decision Rationale
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l The only available method of imposing this. requirement on selected licensees is to revise 10 CFR Parts 11 and 25.
i Other avenues would lack the requisite formality and legality necessary to require all affected NRC licensees to adhere to the changes in fees required for background investigations.
6.
Implementation 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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i DAILY STAFF NOTES OFFICE OF ADMINISTRATION Final Rule Sianed by EDO the Executive Director for Operations approved a On final rule that amends 10 CFR Part 11, " Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material" and 10 CFR Part 25, " Access Authorization for Licensee Personnel."
The amendments will reflect the OPM rate increases for background investigations conducted for NRC licensees and other nongovernmental bodies.
This notice informs the Commission that,.in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this final rule and proposes to forward it on to the Office of the Federal Register for publication, unless otherwise directed by the Commission.
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Approved for Publication The Commission delegated to the EDO (10 CFR 1.31(a) (3)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.
The enclosed rule, entitled " Access Authorization Fee Schedule for Licensee Personnel," will amend Parts 11 and 25 by increasing the fee NRC charges its licensees for background investigations that are used to determine eligibility for a special nuclear material access authorization or personnel security clearance for access to Restricted Data or National Security Information.
This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7,
8, or 9 Subpart C concerning matters of policy.
I, therefore, find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
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mo M. Tagfo}, Executive Director or Operatione 1
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