ML20141F584
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SGMI r/f NMSS r/f SEP 2 01985 RRentschler CNSmith GMcCorkle ,
WBBrown MEMORANDUM FOR: Joseph M. Felton, Director ett Division of Rules and Records. ADM RFBur"11 Part s/f l FROM: Robert F. Burnett, Director .
Division of Safeguards, NMSS
SUBJECT:
PUBLICATION OF FINAL RULE: REVISED CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL L
On September 13, 1985, the EDO approved for publication the subject final rule.
We request your assistance in carrying out the publication and related tasks.
The rule should be published with an effective date thirty (30) days after the -
date of the, Federal Register notice. <
Enclosure 1 contains the original and seventeen (17) copies of the rule.
Places in the notice where dates must he inserted before Fedenu_1_ Register publication occur as follows: in the last line of 511.11(a); in the fourth ,
line of $11.11(b)(1); in the third line of 511.11(b)(2); in the tenth line of $11.13(a); and in the fifth line of 511.15(a)(1).
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Enclosure 2 is a Regulatory Analysis to be sent to the Public Document Room.
An item for the Daily Staff Notes has been submitted to the EDO.
A public announcement and letters to Congressional committees are not required for this rulemaking.
Neither an environmental impact statement nor an environmental assessment have been prepared.
We have arranged with DMB to mail copies of the Federal Register notice to
- j. each affected licensee.
- _ _n q ). m Robert F. Burnett, Director 4 Division of Safeguards, NMSS
Enclosures:
- 1. Original plus 17 copies of rule
- 2. Regulatory Analysis 8601090449 851223 5 PDR PR 11 50FR39076 PDR1 y
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APPROVED FOR PUBLICATION In a final rule published 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 Eligibility for Access to or Control Over Special Nuclear Material" amends 10 CFR Part 11 to allow utilization of current active Federal clearances based upon equivalent investigations for the purpose of granting the NRC special nuclear material access authorizations. It also incorporates minor administra-tive changes on fee costs, fee schedules and cancellation or withdrawal of applications for access authorizations.
The rule does not constitute a significant question of policy, nor
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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 proceeding to issue it.
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- .' s Date William J. Dircks Executive Director for Operations 1
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