ML20141F506

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Comments on Final Rule Revising 10CFR11.Concurs W/Rule Subj to Noted Mods.Regulatory Flexibility Statement Not Needed Since Rule Bypasses Proposed Rule stage.Marked-up Rule Encl
ML20141F506
Person / Time
Issue date: 06/24/1985
From: Norry P
NRC OFFICE OF ADMINISTRATION (ADM)
To: Jennifer Davis
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20140E750 List:
References
FRN-50FR39076, RULE-PR-11 AB99-2-52, NUDOCS 8601090398
Download: ML20141F506 (25)


Text

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U' MEMORANDUM FOR: John G. Davis, Director Office of Nuclear Material Safety and Safeguards FROM: Patricia G. Norry, Director Office of Administration

SUBJECT:

REVISION OF 10 CFR PART 11, FINAL RULE The Office of Administration reviewed and concurs in the final rule revising Part 11 subject to the modifications contained in this memorandum and in the marked copy. Noted in the margins of the rule are minor editorial coments.

Specific coments are discussed below.

1. The Division of Security recently decided to explore the possibility of informing licensees of changes in OPM investigation fees by letter instead of making frequent amendments to the regulations in 10 CFR, Upon implementation of this decision, the Division of Security has agreed to take responsibility for making the amendment to Part 11 that sets out the annual fees paid by licensees for OPM investigations at the same time these changes are made in Part 25.
2. On pages 7, 8, and 9 of the final rule where reference is made to the Ate of sixty days from the effective date of this regulation, sufficient blank space should be left in the text so that the Office of the Secretary, after consultation with the Office of the Federal Register, may insert a date certain into the regulatory text.
3. The Document Management Branch, TIDC, reviewed the Paperwork requirements contained in this rule and determined that justification for additional information collection requirements included in the rule since their last review would need to be provided. Mrs. Shelton will be sending you a memorandum concerning this issue.
4. References to this rule as a " proposed amendment" in the memoranda prepared for the ED0 should be clarified to reflect its status as a final rule.
5. We have enclosed standard boilerplate text that explains that this rule is being published without opportunity for public comment; however, this text should be expanded to include the rationale offered by OELD on this point.

8601090398 051223 N"50N39076 PDR .

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John G. Davis Because this rule is bypassing the proposed rule stage, a Regulatory Flexibility Statement is not needed. If your staff has any questions regarding our comments, call John Philips of my staff on extension 27086.

__-- b Patricia G. Norry, Direc r Office of Administration 6

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< o UNITED STATES -

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  1. d MEMORANDUM FOR: William J. Dircks ~

Executive Director of Operations FROM: John G. Davis, Director Office of Nuclear Material Safety and Safeguards

SUBJECT:

PICPOSC7 AMENDMENT OF 10 CFR PART 11 - REVISED CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY -

FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL Enclosed for your signature is a Federal Register Notice (Enclosure A) that "

.pmposee changes.as the procedures for submitting and processing of appli-cations for nuclear material access authorizations and.their renewals. -

Enclosure B presents the rule with the pre;' red changes in comparative text. -

Enclosure C is the regulatory analysis for the pr:p=:d changes.

. The pr:;;xd changes would allow utilization of current active Federal -

clearances based upon equivalent investigations for granting the NRC special nuclear material access authorizations. They would also allow renewal of MC "U" special nuclear material access authorizations through the DOE Reinvestigation Program if the individual possesses a ' current and active DOE "Q" access authorization. In addition, the changes provide a number of simplifieo procedures related to the administration of and documentation of wg applications for special nuclear material access authorizations. The action 4s. -

mpsed to reduce regulatory burden by avoiding unnecessary duplication of HRC and DOE programs by licensees and the government.

Dnify .ruN WeH .

Enclosure D is a "u k.7. .~,.... .. .... ...... . with. approval and forwarding dates left blank.

Coordination: The Office of Administration h TCI0d thi; F2d Td I'2?'?t?"

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= :rA er.t tc 10 CFP, P;rt II. The Office of the Executive Legal Director has,.no.

legal objections. The Office of Public Affairs has decided that a public

.. announcement is not. necessary.

John G. Davis, Director Office of Nuclear Material Safety and Safeguards

Enclosures:

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APPROVED FOR PUBLICATION

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In 'a' final rule pub.lished March 19, 1982 (47 ,FR 11816), the Commission delegated to the EDO (10 CFR 1.40(c) and (d)) 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, " Revised Criteria and Procedures for Determining

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Eligibility for Access to or Control Over Special Nuclear Material" amends 10 CFR Part 11 to allow utilization of current active Federal clearances based upori equivalent investigations for the purpos.e of granting the NRC special nuclear caterial access authorizations. It also incorporates minor administra-tive changes on fee costs, fee schedules and cancellation or withdrawal of applications for access authorizations.

The r,ynd rule cioes not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 0, 2, 7, 8, 9, Subpart C or 110. I therefore find that.this rule is within the scope of my rulemaking authority and am prcceeding to issue it.

Date William J. Dircks Executive Director for Operations -

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NUCLEAR REGULATORY COMMISSION 10 CFR Part 11 ,

Criteria and Procedures for Detemining Eligibility for Access to or Control Over Special Nuclear Material AGENCY: fluclear Regulatory Comission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Comission is amending the requirements for applications for initial specia,1 nuclear material "U" and "R" access authoriza-tions and for the renewal of "U" acceps authorizations by allowing utilization -

&rM of information on file with the government en those individuals who possess current active clearances based upon equivalent investigations. The amendments will eliminate unnecessary duplication of administrative and investigative co'sts to licerisees for affected individuals as well as ' reduce certain NRC administrative costs.

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EFFECTIVE DATE:

FOR FURTHER INFORMATION CONTACT: Ru = ! D. Dentsthler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone: (301)427-4761.

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- - ,_ c SUPPLEMENTARY INFORMATION:

BACKGROUND .

4 On March 17, 1977 (42 FR 14880), tha NRC published proposed amencments to its regulations which would establish an access authorization program for individuals who have unescorted access to or control over special nuclear material. Written connents were invited and received. On December 28, 1977 (42 FR 64703), the Commission issued a notice of public hearings on the proposed regulations and subsequently established $ Hearing Board to gather additional testimony. A final rule, based ~upon recommendations of the Hearing Board regarding only fuel cycle facilities and transportation, was publ.ished in the Federal Register amending 10 CFR Parts 11, 50, 'and 70 on November 21, 1980 4

(45 FR 76968).

'One of the reasons for undertaking the NRC access authorization program for individuals having access to or control over special nuclear material was to maintain comparability with a similar program of clearances at Department of Energy (D0E) facilities and at mixed DOE /NRC facilities. Subsequently, the  ;

population of individuals affected has become one in which DOE /NRC mixed facility employees are by far the dominant segment. Accordingly, the incentive ,

to establish and maintain a comparable and independent N C p ogram has been replaced by an incentive to use as much of the existing IMHf system as possible.

The revisions to 10 CFR Part 11 accomplish this end.

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CONVERSION OF CLEARANCES

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- . Under the-revised Part 11 requirements the NRC would accept an existing perioncal access clearance from any Federal agency, including NRC, DOE or D0D, if the investigation upon which tha clearance is based is equivalent to the investigatior. required for the special nuclear material access authorization.

This avoids having to conduct an investigation on an individual for whom an adequate investigation already exists.

ACCEPTANCE OF HON-NRC APPLICATION FORMS i

Acceptance of an application for access authorizations cn other than NRC

-forms allows the NRC,to use existing information on individuals with current

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Federal clearances. It also allows an individual applying for renewal of a DOE "Q" personnel clearance to use some of the DOE documents in making applica' tion for the NRC "U" material access authorization. This reduces the ad:ninist ative burden upon applicants.

USE OF DEPARTMENT OF ENERGY REINVEST 1GATION PROGRAM

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Application for renewal of NRCp "U" material access authorizaticn may follow the schedule of the DOE Reinvestigation Program and utilize signed M b da M copies of Part I of the DOE Personnel Security Questionnaire if an individual is subject to both DOE "Q" clearance and NRC "U" access authorization requirements.

/ATtRT ,-U} W hThesechangesintheproceduresin10CFRPart11wereinitiatedin response to a request by a licensee for elimination o'f. needless duplication between the NRC access authorization program fw

, { nuclear materia [d the Department of Energy personnel clearance program. The changes have been discussed in detail with all affected licensees. All agree that the changes arc desirable. The changes do A to cM IV tt not alter the list of jobs identified as requiring material access I

P authorization; therefore, individual applicants for access authorizations are either not affected, or are benefit d by the elimination of duplication. No other persons are affected by the changes. For these reasons good cause exists for omitting notice and public rulemaking as unnecessary. Accordingly, these changes in 10 CFR Part 11 are issued as a final rule effective in 30 days.

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[ MINOR ADMINISTRATIVE CHANGES e

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l .* A number.of administrative changes which are not related to reducing .c i i duplication are included in-this rule revision. The schedule date for revision i cf fees has been d/4Wd NM suu from December togre,. k;t the arcat a.euuc, ul the i

fee for a full field investigation has been changed from $1550.00 to%

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. ga the current cost, S1580.00; and a section.has been added regarding withdrawal or l f

cancellation of applications.

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. INSGAY & .

l ENVIRON!': ENTAL IMPACT: CATEGORICAL EXCLUSION

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The HRC has determined that this final rule is the type of action j ., , described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an i .

environmer.tal impact statement nor an environmental assessment has been

prepared for this final rule. .

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PAPERWORK REDUCTION ACT STATEMENT

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l This final rule amends information collection requirements that are -

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i subject to the Feperwork Reduction Act of 1980(44U.S.C.3501etseq.). This i i f rule has been submitted to the Office of Management and Budget for review and j

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i ipp. oval of the paperwork requirements. ,;

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REGULATORY ANALYSIS f b .. The Count.ssion has prepared a regulatory analysis on this final regdlation. The analysis examines the costs and benefits of the alternatives i considered by the Corxnission. The analysis is available for inspection in the r NRC Public Document Room, 1717 H Street NW, Washington, DC. Single copies of ,

the analysis may be obtained from (Russel.R. Rentschler, Office of Nuclear i Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, f DC 20555, telephone: (301)427-4761).  ;

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1 7 'W REGULATORY FLEXIBILITY CERTIFICATION

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.k @ The Corr. mission hereby certifies that this rufe will not have a significant

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  • l pewer than ten licensees will be affected by this rulemaking; only

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{ administrative requirements are affected; requirements which duplicate those of

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j i other Federal ager,cies will be reduced or eliminated. l

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j . . . . - 7 l l LIST OF SMJECTS IN 10 CFR PART 11  !

l g Hazardous materials transportation, Nuclear materials. Reporting and recordkeeping requirements, Security measures, Special nuclear material.  ;

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For the reasons set out in the preamble and under the authority of the

! Atcmic Energy Act of 1954, as amended, the Energy Reorganization Act,0f 1974,. .

as amended, and 5 U.S.C. 553, the NRC is adopting the following amendments to I

10 CFR Part 11. - - '

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l PART 11 CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR

) CONTROL OVER SPECIAL NUCLEAR MATERIAL i

1. The authority c.itation for Part 11 is revised to read as follows:

i AUTHORITY: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.1242,asamended(42U.S.C.5841).

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Section 11.15(e) also issued under sec. 501 -81r Statp90 (31 U.S.C.

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'2. Ini11.7, Paragraph (c)isrevisedtoreadasfollows:

f i 11.7 Definitions

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j administrative determination based upon a national agency check and a r full-field background investigation, nonnally conducted by the Office of i

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Personnel Management, that an individual in the course of employment is p eligible to work at a job falling within the criteria of $11.11(a)(1) orfil.13.

3. In i 11.11, the introductory text of paragraph (a) and the entire text of paragraph (b) are revised to read as follows:

I 11.11 General Requirements.

(a)Each licensee who uses, processes, stores, transports, or delivers to a carrier for transport, formula quantities of special nuclear material (as defined in Part 73 of this chapter) subject to the physical protection requirements of 55 73.20, 73.25, 73.26, 70.45, and 73.46;cf PrW c-- Inis ' - /

g,byi.wr and each person subject to the general licensing requirements of 9 70.20(a) shall identify at its facility or plant (excluding all non-power reactor facilities and storage of fuel incident thereto,and facilit,ies and ,

plants in which the licensee possesses or uses only irradiated special nuclear material subject to the exemption of 5 73.6(b) of Part 73)pf-eh-chpcr)f -

describe, and if not a'Iready provided, provide to the-Commission, y [ l'b cithin 60 days of the effective date of these amendments (da't by amendment to its security plan: 4 gj

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(b) After 365 days following Comissio approval of the amended security plan submitted in accordance with agraph( of this section no individual- - / -

may be pemitted to work at any job determined by the Comission to fall within the criterion of para ~ graph (a)(1) of this section without in NRC-U special nuclear material access authorization, and no individual may be p' emitted unescorted access to any protected area at any site subject to this p, art

- p without either an NRC-U or NRC-R special nuclear material access authorization.

The exceptions to the requirement for an NRC-U and NRC-R special nuclear material access authorization are as follows:

(1) Exceptions to the requirement for an NRC-U special nuclear material access authorization for an ind'ividual to work / at a job within the criteria'of paragraph (a)(1)areprovidedfor(1)anyidi,vidualemployedinsuchajobog the effective date of these amendments (da ) 'who is not yet in receipt of an #9*.N oJ.

NRC-U special nuclear material access authorization from the Comission, provided'a%,

that a complete application is submitted to the NRC for processing for that employee in accordance with i 11.15 (a) and (b)jor (ii) any individual in possession of an NRC-L or R access authorization or an equivalent active Federal security clearance but not yet in receipt of the NRC-U special nuclear material access authorization provided that a complete application has been submitted to and is pending before the NRC for processing for that employee in accordance wi'th 6 11.15(a)and/or(b). ~ , \ .

(2) Exceptions to the requirement for an NRC-R special nuclear material access authorization for an individual to have unescorted access to a protected 4

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\tl 9 J area are provided for (i) anyli dividual employed in such a job on the effective date of these amendments (dat 1 who is not yet in receipt of an NRC-R special -

nuclear material access authorization from the Commission, provided that a complete application'is submitted to the NRC for processiref for that employee in accordance with 511.15(a)and(b); or (ii) any individual in possession of an NRC-L access authorization or an equivalent active Federal security clearance, provided that a complete application has been submittedsto the NRC for processing for that employee in accordance with 511.15(a)and/or(b). -

4. In 5 11.13, paragraphs (a) and (b) are revised to read as follows:

511.13 Special requirements for transportation.

(a) All individuals who after 365 days following approval of the amended security plan submitted in accordance with 5 11.11(a) transport,. arrange for transport, drive motor vehicles in road shipments of special nuclear material, pilot aircraft in air shipments of special nuclear material, act as monitors at transfer points or escort road, rail, sea, or air shipment's of special nuclear material subject to the appropriate physical protection requirements of 55 73.20, 73.25, 73.26, or 73.27 of this chapter or are authorized to alter the scheduling and routing'of such transport shall have NRC-U special nuclear

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material access' authorization. Exceptions are provided for (1) any individuol

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who is employed in such a job'on the effective date of these amendments (date) ,

d and who is not yet in receipt of an NRC-U special nuclear material access led [/

authorization from the Connission, provided that a complete application is L

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submittedAto the NRC for processing for that employee in accordance with 5 11.15(a)and(b);or (2) any individual. in possession of an NRC-L or R access - -

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authorization or equivalent active Federal security clearance but not yet in-receipt of the NRC- pecial nuclear material access authbrization, provided that a complete application has been submitted to and is pending before the NRC for processing for that employee in accordance with 9 11.15( and/or b). N'p , ,

, L L' (b) Licensees who after 365 days following Commission approval of the amended security plan submitted in accordance with 5 11.11(a), transport or  !

deliver to a carrier for transport special nuclear material subject to the '

physical protection requirement's of 16 73.20, 73.25, 73.26, 73.27 of this / l chapter shall confim and record prior to shipment the name -and special nuclear .

material access authorization number of all individuals identified in paragraph '

(a) of this section assigned to the shipment. However, the licen-

  • l see need not confirm and record the special nuclear material access authoriza-tion' number in the case of any individual for whom an application has been submitted and is pending before the NRC in accordance with paragraph (a) of this [

section. ,

. 5. Section 11.15 is revised to read as follows:

t -i 6 11.1 Application for special nuclear material access authorization. "

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(a)(1) Application for special nuclear material access authorization, renewal, or change in level shall be filed by the licensee on behalf,of the ,

o - applicant with the Director, Division of Security, U.S. Nuclear Regulatory /.

n V Commission, Washington,D[tf/20555. Applications for affected individuals employed on the effective date of these amendments shall be sthutt1: A ::ithin 60 days of notification of Commission approval of the amended security plan.

(2) Licensees who wish to secure NRC-U or NRC-R special nuclear material access authorizations for individuals in possession of an active NRC Q or L access authorization or other security clearance granted by another Federal agency based on an equivalent investigation shall submit a " Security Acknowledgement"

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(Form 176), and a " Request for Access Authorization" (NRC Form 237). The .

NRC will process these requests by verifying the da'ta on an NRC cleared individual, or contacting the Federal agency which granted the clearance and requesting certification of the security clearance and determine the investigative basis and level of the cleararce. Licensees may directly request the Federal agency which administered the security clearance, if other than NRC,- to certify to the NRC that it has on file an active security clearanc'e for an individual, specifying the investigative basis and level of the clearance.

(b) Applications for special nuclear material access authorization ,

for individuals other than those qualifying under the provisions of 5 11.15(a)(2), must be made on forms supplied by the Commission including:

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o (1) Personnel Security Questionnaire (PSQ) (NRC Form 1, Parts I ar.d II) , -*

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(2) Natio6al Agency Check-Data for Nonsensitive ~or Noncritical-Position (SF-85A)-for R cases only. (This fann must be typed.):

(3) Two completed standard fingerprint cards (FD-258)

(4) Security Acknowledgement (NRC Form 176); .

(5) Authority to Release Information (NRC Form 259);

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(6) Related forms where specified in accompanying instructions (NRC-254);and (7) A statement by the employer, prospective employer, or contractor identifying the job to be assigned to or assumed by the individual and the level of authorization needed, justified by appropriate reference to the licensee's security plan. ,

(c)(1) Except as provided in paragraph (c)(2) of this section, NRC-U arid R special nuclear material access authorizationfshall expire five years age l.

e.m&.m c:* g the date of issM . If continued NRC-U and R.special nuclear material access authorization is required, an application for renewal must be submitted I

at least 120 days prior to expiration date. Failure to make a timely 6

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O application will result in expiration of special nuclear material access authorization. Special nuclear material access authorization for which a

timely applicat'fon for' renewal has been made may be continued'beyond the expiration date pending~ final action on the application. Xn application for renewal will include:

1. A statement by the licensee that at the time of application for 2..

renewal the individual's assigned or assumed job requires an NRC-U special nuclear material access authorization, justified by appropriate reference to the licensee's security plan.

ii. Personnel Security Que'stionnaire (NRC Form l', Parts I and II),

iii. National Agency Check-Data for Nonsensitive or Noncritical-sensitiveposition(SF-85A). This form must be typed.

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iv. Two completed standard fingerprint cards (FD Form 258).

v. Authority to Release Information (NRC.For[n 259).

vi. Other related forms where specified in accompanying NRC instructions (NRC Form 254).

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(2) An' exception to the NRC-U special nuclear material access authoriza-tion expiration date and the time for submission of NRC-U special nuclear - -

material access authorization renewal applications, is provided for those -

individualsewho have a current and active DOE-Q access authorization and who are subject to DOE Selective Reinvestigation Program requirements'. For these individuals, the time for submission of NRC-U special nuclear material access authorization renewal applications may coincide with the time for submission of Pa'rt I of a DOE Personnel Security Questionnaire to DOE pursuant to DOE Selective Reinvestigation Program requirements. The licensee may submit to NRC, concurrent with its submission to DOE, a copy of Part I of the individual's DOE Personnel Security Questionnair bearig an original signature'(which is dateh together with Part II of an NRC Personnel Security Questionnaire and the forms l- .

andinformationrequiredbyparagraphs(c)(1)(i),(iii),(iv),(v),and(vi) t .

of this section, as the supporting documentation for an NRC-U special nuclear material access authorization renewal application. Any NRC-U special nuclear l! material access. authorization issued in response to a renewal application sub-mitted pursuant to this paragraph will not expire until the date set by DOE for ,

the next reinvestigation of the individual pursuant to DOE's Selective Reinvesti-gation. Program (generally every five years). At that time (and at the time of I each subsequent reinvestigation of the individual), the licensee may again sub-h mit, concurrent with its submission to DOE, a copy of Part I of khe individual's DOE.'ersonnelSecurityQuestionnairIbeari'aganorigin ich is dated h .

together with Part II of an NRC Personnel Security Questionnaire and the fanns and information required by paragraph (c)(1)(1), (iii), (iv), (v), and (vi) of l this section as the supporting documentation for the renewal application.

Failure to file such a renewal application concurrent with the time for submission of -

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e an individual's Part I of a DOE Personnel Security Questionnaire to DOE pursuant to DOE Selective Reinvestigation Program requirements will result in -

the expiration bf 'the individual's NRC special nuclear material access authori-zation. NRC-U specia'l nuclear material access authorizati6'ns for which a timely

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application for renewal has been made may be continued beyond the expiration 7 dat/ ending final action on the application.

(3) Notwithstanding the above, in no instance shall the period of time for the initial and each subsequent NRC-U renewal application to NRC exceed seven years. Any individual who is subject to the DOE Selective Reinvestiga-tion Program requirements but, for administrative or other reasons, does not submit reinvestigation forms to' DOE within seven years of the t.evious submis-sion, shall submit a renewal application to NRC using the fonns prescribed in paragraph (c)(1) above before the expiration of the seven year period. Failure to request an NRC-U renewal for any individual within the seven year period wiu shM-1 result in termination of the individual's NRC-U access authorization.  !

(d) If at any time, due to new assignment or assumption of duties, a change in special nuclear material access' authorization level from NRC "R" to

"U" is required, the individual shall apply for a change of level of special nuclear material access authorization. Sd ppl'1 cation b nelude a  !

l description of the new duties to ue assigned or assumed, justified by-appropriate reference to the licensee's security plan.

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(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 Comission according to the following schedule: - ~ - - ~

i. NRC-U requiring full field investigation $1,580
11. NRC-U based on certification of comparable full y field background investigation 0 1

iii. NRC-U or R renewal 15 1

iv. NRC-R 15 .

v. NRC-R based on certification of comparable 2 investigation 0 I

If a full field investigation is deemed necessary, a subsequent fee of  ;

$1580 will be assessed. ,

2 If a National Agency Check investigation is deemed necessary, a subs'equent fee of $15.00 will be assessed; however, if a full field investigation is deemed .

! necessary, a subsequent fee of $1580 will be assessed. "

-(e)(2) Material access authorization fees will be publ'ished in July of cach year and .will be applicable to each access authorization request received j during the following calendar year. Applications from individuals having ,

l current Federal access authorizations may be processed expeditiously at no ,

i cost, since the Comission may accept the certification of access authorizations and investigative data from other Federal Government agencies which grant personnel access authorization.

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- (f)@Any Federal employee, employee of a contractor of a Federal agency, licensee or other person visiting an affected facility for the purpose of - - -

conducting offi' cia'l business and who possesses an active NRC or DOE-Q access-

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i authorization or an dquivalent Federal security clearance branted by another

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Federal agency. (" Top Secret") based on a comparable full field background investigation may be permitted the same level of unescorted access that an t

! - NRC-U special nuclear material access authorization would afford in accordance with 6 11.11- Any Federal employee, employee 0f a contractor of a Federal

.. agency, licensee or other person visiting an affected facility for the purpose of conducting official business and who possesses an active NRC or' DOE L access 4

authorization or an equivalent security clearance granted by another Federal 4 agency (" Secret") based on a ba'ckground' investigation or national agency check may be permitted the same level of. unescorted access that an NRC R special nuclear material access authorization would afford in accordance with 9 lblh

6. A new 5 11.16 is added to read as follows: s i 11.16 Cancellation of requests for special nuclear material access authorization. , .

When a request for an individual's access authorization is withdrawn or cancelled, the NRC Division of Security shall be notified innediately by telephone so-that the full investigation or National Agency Check may be

' discontinued. The caller shall vld+

the full name and date of birth of the

/

- individual, the date of request, and the type of access authorization originally e

- 17.-

[

m

  • s requested ("U" or "R").

n W(L(

Seetr telephone notice Mbe promptly confirmed in ,

/

writing. A portion of the fee for the "U" special nuclear material access ' '

'~

authorization m'ay'be refunded depending upon the status of the full field

~ '

investigation at the time of withdrawal or cancellation.

Dated at Bethesda, Maryland, this day of , 1985.

For the Nuclear Regulatory Commission.

William J. Dircks

. Executive Director for Operations.

o i

I

  • / Federal Register / W1. 50, N3. 99 / Wedn;sd:y. MEy 22. 1985 / Ruhe end R:guhti:ns 2336 c
  • ,or contracts not' withstanding the inspection of all development work to revised to reflect current NRC cop in cxemption in 5 U.S.C. 553 with respect protect the security interest of the , cbstges/'- fyw.m to such rules.This action. however. is government. inspections other than final Because these are amendments m.r_

not published for proposed rulemaking inspections may be accepted in place of dealing with agency practice and since it involves only internal Agency FmHA conducted periodic inspections procedures, the notice provisions of the management and publication for when conducted by other qualified Administrative Procedure Act do not comment is unnecessary. persons as authorized by the National apply pursuant to 5 U.S.C. 553(b)( A).

The Catalog of Federal Domestic Office. * *

  • The amendments are effective upon Assistance programs affected by this . . . . .

publication in the Federal Register.

action are: Dated. Apnl11.1985. Good cause exists to dispense the usual 10.404 Emergency loans Dwight O. Calboun. 30-day delay in the effective date 10.405 Farm Labor Housing Loans and Actmg Associarc Administrator.rarmers because the amendments are of a minor Grants nome Administration. and administrative nature dealing solely 10.407 Farm Ownership Loans with agency procedures.

[m Doc. as-12251 Filed 5-21-as: a 45 aml 10.410 low income Housmg loans i _.

10.416 Soil and Water loans

  • ** *"P -Paperwo~rk RidEtion Act Statement 10.417 Very Low income Housing his f nel rule contains no information 10.4 ur i1 elp ousing NUCLEAR REGULATORY collection requirements and therefore is Technical Assistance COMMISSION not subject to the requirements of the 10.421 Indian Tribes and Tribal Paperwork Reduction Act of 1980 (44 Corporation Loans 10 CFR Porta 1 and 51 U.S.C. 3501 et seq.).

This action does not affect any FmHA Update of NRC Addresses and List of Subjects programs or projects which are subject Copytng Charges for Environmental to intergovernmental consultation. Docurnenta; Minor Correcting 10 CFR Part 1 This document has been reviewed in Amendmenta Organization and functions cccordance with 7 CFR Part 1940 Subpart G. "Envir'onmental Program." It Aenecy: Nuclear Regulatory (Government agencies) is the determination of FmHA that'this Commission. 10 CFR Part 51 cction does not constitute a major ACTaoet Final rule.

Federal action significantly affecting the Admu.us. trative practice and quality of the human environment and in suesasAny:%e Nuclear Regulatory procedure. Environmental impact cccordance with the National Commission (NRC)is amending its statements.

Environmental Policy Act of 1969. Pub. regulations to update the addresses of For the reasons set out in the L 91-190, an EnvironmentalImpact the NRC's principal offices and to preamble and under the authority of the Statement is not required. conform the charges for reproduction of Atomic Energy Act of1954. as amended.

environmental documents at the NRC's the Energy Reorganization Act of 1974, list of Subjects .an 7 CFR Part 1924 Public Document room to those found in as amended, and 5 U.S.C. 553. the NRC Agriculture. Construction to CFR Part 9.Hese amendments are is adopting the following amendments to management. Construction and repair, necessary to inform th'e public of these 10 CFR Parts 1 and 51. -

Energy conservation. Housing. Loan administrative changes to NRC The authority citation for this programs-Agriculture. Loan regulations. document is:

programs-Housing and community EFFECTIVE DATE:May 22.1985.

development. Low. and moderate. Authority: sec.101. Pub. L as-703. es Stat.

FOR PURTMER lesF0nasAT10N COe(TACT:

income bousm.g. 948. as amended (42 US C. 2201) sec. 201.

John Philips. Chief. Rules and Pub. L 93-438. as stat.1242. as amended (42 PART 1924-CONSTRUCTION AND Procedures Branch. Division of Rules US.C. 5841).

REPAIR and Records.Omce of Ar! ministration.

U.S. Nuclear Regulatory Commission. PART 1-STATEMENT OR

1. He authority citation for Part 1924 Washington. D.C. 20555. Telephone 301- ORGANIZATION AND GENERAL is revised to read as follows: 492-7086. INFORMATION Authority:7 US C.1989. 42 US C. uso s suPFLaastarTARY IseFonasATION:On USC. 301: 7 Cm 2.23. 7 Cm 2.70. December 7.1984 the NRC published a 1. In i 1.3. paragraph (a) is revised to final rule (49 FR 47823) indicating read as follows:

Subpart A-Planning and Performing ~ changes in mailing addresses for several Construction and Other Development

  • regional offices. At that time, an update n
2. Subpart A of Part 1924. Chapter of the principal offices of i 1.3 locatiou of principal offices and Regional Offices. (a) The principal NRC offices are XVIII. Title 7 of the Code of Federal located in the Washington. D.C. area.

Regulations is amended by revising the was overlooked.Of the eight locations Facilities for the service of process and first two sentences of i 1924.9(a) to read listed in i 1.3(a), two buildings have been vacated by the NRC, while three papers are mamtamed within the cs follows.' District of Columbia at 1717 H Street, new building locations have been i 1924.s snapection of asevesopment wort' established. NW.The mailing address for all NRC On July 31.1964. the NRC published a Headquarters offices is Washington.

(a) Responsibility for inspection. The final rule (49 FR 30457) which revised D.C. 20555. The locations of NRC offices County Supervisor or District Director. the charges for copying records publicly in the Washington area are:

cccompanied by the borrower when available at the NRC Public Document (1) Air Rights HI Building. 4550 practicable, will make periodic Room, located at 1717 H Street. NW., Montgomery Avenue.Bethesda, inspections, as appropriate, and final Washington, D.C. At this time i 51.123 is Maryland.