ML20057C413
| ML20057C413 | |
| Person / Time | |
|---|---|
| Issue date: | 08/10/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20057C397 | List: |
| References | |
| FRN-58FR44435, RULE-PR-11, RULE-PR-25 AE68-2-007, AE68-2-7, NUDOCS 9309280341 | |
| Download: ML20057C413 (12) | |
Text
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(7590-01-PJ NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 RIN:
3150-AE68 i
Access Authorization Fee Schedule for Licensee Personnel AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
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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.
EFFECTIVE DATE:
(30 Days after date of publication in the 1
l Federal Reaister).
1 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.
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11 SOFR44435 PDR
- 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 c
increase the rate it charges NRC for conducting access i
authorization background investigations.
Because the fees that f
i NRC charges its licensees for material access authorizations and personnel security clearances are determined by the rates charged l
by OPM for conducting the background investigations, the fee schedules in NRC regulations must be amended to reflect the OPM f
rate increase.
OPM is increasing the rate it charges for background investigations by approximately 25 percent.
NRC is i
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.
t This amendment deals solely with agency practice and procedures of a minor and administrative nature.
Previous publications of this rule advised that, from time to time, the agency would publish revisions of the rule to accommodate adjustments in the fee schedule.
Since the public had the opportunity to comment on this aspect of Parts 11 and 25 as a proposec rule, ic is not considered that any tortner ueneric would accrue from additional public comment at this time.
Under 2
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the circumstances, the NRC, for good cause, finds that the notica and comment provisions of the Administrative Procedure Act are unnecessary pursuant to 5 U.S.C. 5553 (b) (B).
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 j
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.
l Regulatory Analysis The Commission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs anu benefits of the alternatives considered by the Commission.
The analysis 2120 is available for inspection in the NRC Public Document Room, L Street, NW. (Lower Level), Washington, DC.
Single copies of 3
the analysis may be obtained from Sandra I. Schoonmann, Division of Security, Office of Administration, U.
S. Nuclear Regulatory Commission, Washington, DC 20555, telephone:
(301) 492-8774.
Backfit Analysis The commission has determined that the backfit rule, 10 CFR 550.109, does not apply to this final rule and, therefore, a backfit analysis is not required because this amendment does not involve any provisions which would impose backfits as defined in 10 CFR 550.109 (a) (1).
List of Subjects 10 CFR Part 11 Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, f
Security measures, Special nuclear material.
10 CFR Part 25 Classified information, Criminal penalties, Investigations, Reporting and recordkeeping requirements, Security measures.
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For the reasons set out in the preamble and under the as amended, the authority of the Atomic Energy Act of 1954, as amended, and 5 U.S.C.
552 Energy Reorganization Act of 1974, and 553, the NRC is adopting the following amendments to 10 CFR Parts 11 and 25.
PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL 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 S11.15 paragraph (e) (1) is revised to read as follows:
S 11.15 Application for special nuclear material access authorization.
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e (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 Commission, according to the following schedule:
1.
NRC-U requiring full field investigation
$3,800 li.
NRC-U requiring full field investigation (expedited
$4,300 processing) lii.
NRC-U based on certification of comparable full field sgo background investigation 2$67 iv.
NRC-U or R renewal 1$67 v.
NRC-R.
vi.
NRC-R based on certification of comparable 2$0 investigation.
1 If the NRC determines, based on its review of available data, that a full field investigation i s necessaryr a fee of $3,800 will be assessed prior to the conduct of the investigation.
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8 If the NRC determinos, based on its review of available data, 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.
PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 3.
The authority citation for Part 25 continues to read as follows:
AUTHORITY:
Secs. 145, 161, 68 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. 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.
Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).
4.
Appendix A to Part 25 is revised to read as follows:
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I APPENDIX A TO PART 25 - FEES FOR NRC ACCESS AUTHORIZATION f-Fee Category 2$67 Initial "L" Access Authorization i
Reinstatement of "L" Access Authorization.
1$67 Extension or Transfer of "L" Access Authorization.
1$67
\\
Initial "Q" Access Authorization
$3,800 1
Initial "Q" Access Authorization (expedited 1
(
$4,300 processing) 1 1
Reinstatement of "Q" Access Authorization.
2$3,800 l
l Reinstatement of "Q" Access Authorization (expedited l
2$4,300 processing) 2 Extension or Transfer of "Q"
$3,800 Extension or Transfer of "Q" (expedited processing) 2$4,300 l
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s If the NRC determines, based on its review of available 1
data, that a full field investigation is necessary, a fee of
$3,800 will be assessed prior to the conduct of the investigation.
Full fee will only be charged if investigation is required.
2 Dated at Rockville, Maryland this
/d day [.
,1993.
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For the Nuclear Regulatory Commission.
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.:= w Jagttss M. Taylorf tive Director for Operations.
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REGULATORY ANALYSIS 1.
Statement of Problem 1993, the Office of Personnel Management Effective October 1, is increasing the rate it charges NRC to conduct access (OPM)
Since the fee that authorization background investigations.
NRC charges its licensees for material access authorizations and personnel security clearances is dependent on the the NRC background investigation rate charged by OPM, 10 CFR Parts 11 and regulations containing the fee schedule, Otherwise, 25, must be amended to reflect the rate increase.
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.
Conseouences 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 In material access authorizations under Part 11 by NRC.
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 liceasees.
The additional coct to the licenceem wi13. not have an impact on either NRC programs or requirements at these facilities.
I 5.
Decisi9n 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
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adhere to the changes in fees required for background I
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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NUCLEAR REGULATORY COMMISSION WASHINGT ON. D. C. 20S$$
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MEMORANDUM FOR:
James M. Taylor Executive Director for Operations FROM:
Patricia G.
Norry, Director Office of Administration RECOMMENDATION FOR RECURRING PROMULGATION OF
SUBJECT:
RULE:
REVISED FEE SCHEDULES (PARTS 11 and 25)
I am requesting your one-time approval for the initiation of recurring (normally annual) rule amendments to revise the fees charged licensees for personnel security investigations.
In accordance with the February 13, 1984, memorandum " Control of NRC Rulemakings by Offices Reporting to the EDO,"
I have enclosed pertinent information supporting this request.
The Of fice of Personnel Management (OPM) and the Federal Bureau of Investigation (FBI) regularly increase the amount they charge NRC for OPM background investigations and FBI fingerprint checks on 1 each year.
Since the fees that NRC charges licensees October for special nuclear material access authorizations and personr.el security clearances are dependent on the background investigation rates charged by OPM, and fingerprint check rates charged by the the fee schedules in' the NRC regulations must be amended each
Otherwise, NRC would be subsidizing licensee applications for special nuclear material access authorizations and personnel security clearances.
Rather than continue to request approval of initiation of rulemaking each year, I request that continuing approval be granted for rulemaking initiatives which deal solely with an increase in fees based on OPM and/or FBI fee increases.
Each annual rule change. Will be coordinated with all affected offices and sul,mitted to the EDO for approval.
Any proposals for substand.ve chna;c f or other than fees vill cuatinue to require individual and specific approvals for initiation of such rulemakings.
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The Offices of Nuclear Reguiricory Research, Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards and the Division of Freedom of Information and Publications Services, Office of Administration, concur in this proposal to initiate
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annual administrative rulemaking.
The Office of the General Counsel has no legal objection.
or need further information, please If you have any questions, contact Raymond J.
- Brady, Director, Division of Security, on X24100.
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atricia G.
Norry, Dir ctor Office of Administration
Enclosures:
- 1. Regulatory Agenda Entry 2.
Results of Preliminary Of fice Review of Rulemaking 3.
Preliminary Regulatory Analysis Approved: 4/tJ /P/
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Disapproved:
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a=fo M. % ylor datd dcutive Director for Operations e
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