ML20057C409

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Forwards Final Rule to Be Published in Fr That Amends 10CFR11 & 25 Re Revised Fee Schedule
ML20057C409
Person / Time
Issue date: 08/05/1993
From: Norry P
NRC OFFICE OF ADMINISTRATION (ADM)
To: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20057C397 List:
References
FRN-58FR44435, RULE-PR-11, RULE-PR-25 AE68-2-006, AE68-2-6, NUDOCS 9309280337
Download: ML20057C409 (5)


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UNITED STATES -

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NUCLEAR REGULATORY COMMISSION l

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. August 5, 1993 i

i MEMORANDUM FOR:

James M. Taylor l

Executive. Director for Operations FROM:

Patricia G. Norry, Director i

office of Administration

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SUBJECT:

AMENDMENT TO 10 CFR PARTS 11 AND 25, l

REVISED FEE SCHEDULE Enclosed for your signature is a final rule to be published in the Federal Reaister that amends 10 CFR Part 11, " Criteria and.

Procedures for Determining Eligibility for Access to or Control

" Access Over Special Nuclear Material," and 10 CFR Part 25, Authorization for Licensee' Personnel" (Enclosure A).

This rule is submitted under the June 13, 1991, authorization for recurring i

promulgation of revised fee schedules for 10 CFR Parts 11 and 25

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(Enclosure B).

Backaround:

The Office of Personnel Management (OPM) conducts i

access authorization background investigations for the NRC and j

sets the rate it charges the NRC for these investigations.

On October 1,-1993, OPM is increasing the rate that they charge the l

NRC by approximately 25 percent.

Since the fees that NRC charges i

its licensees for material access authorizations.and personnel security clearances are dependent on the rates charged by OPM-for l

conducting background investigations, the fee schedules in NRC regulations are being amended to reflect the OPM rate increases.

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Public Comments:

This amendment deals solely with agency practice and procedures of a minor and-administrative nature.

l Previous publications of this rule advised that, from time to j

time, the agency would publish revisions of the rule to accommodate adjustments in the fee schedule.

Since the public j

had the opportunity to comment on this aspect of Parts 11 and 25 l

as a proposed rule, it is not considered that any further ber.cfit l

would accrue from additional public comment at this time.

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provisions of the Administrative Procedure Act are unnecessary l

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pursuant to 5 U.S.C. 5553 (b) (B).

The amendment is effective 30.

days after publication in the Federal Feaister.

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t Notices:

-A notice to the Commission that the EDO has signed this rule is enclosed for inclusion in the next Daily Staff Notes l

(Enclosure C).

Congressional Committees will not be. notified.

i The Office of Administration (ADM) will notify affected licensees and other interested persons of this rulemaking initiative.

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James M.

Taylor coord.ination:

i the Office of Nuclear Reactor RegulationThe Offic Safeguards, of Nuclear Regulatory Research, the Office Information and Publications Servicesand the Division of Freedom of amendment.

, ADM, concur in this The Office of the General Counsel has no l objection.

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. Patricia G.

Norry, Dire Office of Administration or

Enclosures:

A.

Federal Recister Notice of Final Rulemaking B.

June 13, 1991, EDO Approval of Recurring Promulgation of Rule C.

Draft Daily Staff Notes i

Item i

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s James M. Taylor Coordination:

The Office of Nuclear Material Safety and Safeguards, the Office of Nuclear Reactor Regulation, the Office of Nuclear Regulatory Research, and the Division of Freedom of Information and Publications Services, ADM, concur in this amendment.

The Office of the General Counsel has no legal objection.

t Original n;aed b3 Patricia G.% /

Patricia G.

NoTry, Director Office of Administration

Enclosures:

A.

Federal Peaister Notice of Final Rulemaking B.

June 13, 1991, EDO Approval of Recurring Promulgation of Rule C.

Draft Daily Staff Notes Item DISTRIBUTION:

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Norry, D/ADM H.

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Thompson, DEDS D.

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Williams, OIG J.

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Dunleavy, PERSEC C.

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Grimsley, DFIPS F.

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Congel, NRR R.

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Burnett, NMSS T.

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Sherr, NMSS W.

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Morris, RES S.

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  • Telephonic Concurrence
    • See Attached

i Anoroved 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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