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8 o NUCLEAR REGULATORY COMMISSION g a wAsHWGTON, D. C. 20565
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MEMORANDUM FOR: Robert F. Burnett, Director Division of Safeguards, NMSS FROM: Willard B. Brown, Chief Fuel Facility Safeguards Licensing Branch Division of Safeguards, NMSS
SUBJECT:
REVISIONS TO 10 CFR PART 11 As-a result of a series of meetings with Division of Security representatives and an informal discussion with Don Kasun of SGPR we have developed revisions to 10 CFR Part 11 which modify requirements for the Special Nuclear Material Access Authorization program, especially as regards renewals for individuals already possessing active DOE clearances. The sections of Part 11 which we recommend revising and a briefing rationale for doing so, follow. Both the revised and existing sections are attached. We would appreciate an oppor-tunity to discuss these revisions to be sure they are acceptable to you before we proceed with the senmission of a minor rule change to be signed by the EDO.
b 11.7(c) Inserts ..."normally conducted by the Office of Personnel Management...," allowing for cases in which OPM is not the investigative agency.
11.11(b) Allows access appropriate for the "U" authorization to be given to individuals already possessing either an "R" or "L" authoritation pending completion of an application for the "R."
11.1?(a) Adds the requirement for "U" access authorizations for those individuals authorized to adjust the transport of shipments and eliminates the requirement for those who arrange the transport of shipments, and allows access for individuals possessing "L's", or "R's" pending completion on an applica-tion for a "U."
11.13(b) Allows continued access by individuals with "L's" or "R's" if action on an application for a "U" has not been completed.
11.15(a)(2) Grandfathering Section was added to allow initial granting of "U's" and "R's" to be given to individuals in possession of any active federal security clearance based upon an equiva-lent investigation (including NRC "Q" ora "L's").
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11.15(b) Allows for inclusion of "grandfathering" subsection 11.15(a)(2)above. ,
11.15(c)(1) Adopts DOE renewal schedule for DOE cleared individuals.
11.15(c)(2) Allows for renewal of NRC "U's" by DOE Selective Reinvestigation Program if individual possesses a DOE "Q." Also, allows use of Part I of DOE PSQ.
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p Willard B. Brown, Chief C Fuel Facility Safeguards Licensing Branch
- Division of Safeguards, NMSS
Attachment:
As stated t.
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Draft Working Paper l
$11.7(c) "NRC 'U' special nuclear material access authorization" means an
[ administrative determination based upon a national agency check and' a full- '
field background investigation, normally conducted by the Office of Personnel Management, that an individual in the coerse of employment is eligible to work at a job falling within the criteria of 511.11(a)(1) or 11.13.
Ell.ll(b) No individual may be permitted to work at any job determined by the Commission to fall within the criterion of paragraph (a)(1) of this section without an NRC "U" special nuclear material access authorization; and no indivi-dual may be permitted unescorted access to any protected area at any site subject to this part without either an NRC "U" or NRC "R" special nuclear material access authorization. Exceptions to the requirement.for 'an NRC "U" special nuclear material access authorization for an individual to work at a job within the criteria of paragraph (a)(1) are provided for (i) any individual employed in
, such a job on the effective date of these amendments, and the individual is not yet in receipt of an NRC "U" special nuclear material access authorization
'from the Commission, provided that a complete application was submitted for that employee in accordance with 511.15(b) and the application has not been disapproved; and (ii) any individual in possession of an NRC "L" or "R" access authorization or an equivalent active federal securi+.y clearance but not yet in, receipt of the.NRC "U" special nuclear material access authorization provided that a complete application was submitted for that employee in accordance with 511.15(b) and the application has : sot been disapproved.
Exceptions to the requirement for an NRC "R" special nuclear material access authorization for an individual to have unescorted access to a protected
( . area are provided for (i) any individual employed in such a job on the effective date of these amendments, and the individual is not yet in y receipt of an NRC "R" special nuclear material access authorization from the Commission, provided that a complete application was submitted for that employee in accordance with 511.15(b) and the application has not been disapproved; and (ii) any individual in possession of an NRC-L access authorization or an equivalent active federal security clearance, provided that a complete application was submitted for that employee in accordance with 511.15(b) and the application has not been disapproved.
511.13 Special Requirements for Transportation (a) No individual shall transport, drive motor vehicles i:, road shipments of special nuclear material, pilot aircraft in air shipments of special DJClear material, act as a monitor at transfer points, escort road, rail, sea, or air shipments of special nuclear material subject to the appropriate physical protection requirements of 5573.20, 73.25, 73.26, or 73.27 of this chapter or be authorized to adjust such transport without NRC "U" special nuclear material access authorization. Exceptions are provided for (1) any individual employed t
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'en the effective date of these amendments and not yet in receipt of an NRC "U"
,' special nuclear material access authorization from the Commission, provided that a complete application was submitted for that employee in accordance with
( 511.15(b) and the application has not been disapproved; and (ii) any individual in possession of an NRC "L" or "R" access authorization or equivalent active federal security clearance but not yet in receipt.of the NRC "U", special nuclear material access authorization, provided that a complete application was submitted fur that employee in accordance with 511.15(b) and the application has not been disapproved.
(b) Licensees who after 365 days following Commission approval of the amended security plan submitted in accordance with 11.11(a) transport or who deliver to a courier for transport special nuclear material subject to the physical protection' requirements of 5573.20, 73.25, 73.26, 73.27 of this chapter shall confirm 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. Exceptions to the requirement to con-firm and record the SSNM access authorization number are provided for (i) any individual employed on the effective date of these amendments and not yet in receipt of an NRC "U" special nuclear material access authorization from the Commission, provided that a complete application was submitted for that employee in accordance with !11.15(b) and the application has not been disapproved; and (ii) any individual in possession of an NRC "L" or "R" access authorization or equivalent active federal security clearance but not yet in receipt of the ilRC "U" special nuclear material access authorization, provided that a complete application was submitted for that employee in accordance with 11.15(b) and the application has not been disapproved.
511.15(a)1) Application for special nuclear material access authorization, renewal, or change in level shall be filed by the licensee on behalf of the applicant with the Director, Division of Security., U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.* Applications for affected individuals employed on the effective date of these amendments shall be submitted within 60 days of notification to the licensee of Commission approval of the amended security plan. ,
- Process times for special nuclear material access authorizations can be expected to be about 190 days for NRC-U and 130 days for NRC-R.
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,- ;11.15(a)(2) Licensees who wish to secure NRC "U" or NRC "R " special nuclear material access authorizations for individuals in possession of an a_cJive NRC access authorization or other security clearance granted by another feifiral agency based on an -equivalent investigation shall submit NRC Form ,
( ""aterial Access Authorization Acknowledgement" and NRC Form 237, " Request for Access Authorization." The NRC will process such requests by verifying the data 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 such clearance. 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 clearance for such an individual, specifying the investigative basis and level of such clearance.
511.15(b) Applications for special nuclear material access authorization for individuals other than those qualifying under the provisions of 11.15(a)(2) above, shall be made on forms supplied by the Commission including:
(1) Personnel Security Questionnaire (NRC-1, Parts I and II);
(2) National Agency Check-Data for Nonsensitive or Moncritical-Sensitive Position (SF-85A)-for "R" cases only ;
(3) Two completed standard fingerprint cards (FO-258);
- 4) Material Access Authorization Acknowledgment (NRC- );
(5) Authority to Release Information (NRC-259);
(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 pl a.n.
611.15 (c) (1) Except as provided in 511.15(c)(2) below, NRC "U" and "R" special nuclear material access authorization shall expire 5 years following the date of issue. If continued NRC "U" and "R" special nuclear material access authorization is required, an application for renewal shall be submitted at least 120 days prior to the expiration date. Failure to make a timely application will result in the expiration of NRC "U" and "R" special nuclear material access autho-riza tion. NRC "U" and "R" special nuclear material access authorization for which a timely application for renewal has been made may be continued beyond the expiration date pending final action on the application. An application for re-newal of NRC "U" special nuclear material access authorization shall include the following:
(A) A statement by the licensee that at the time of application for renewal the individual's assigned or assumed job requires an NRC "U" special l
nuclear material access authorization, justified by appropriate reference to the licensee's security plan, y ..
(B) A Personnel Security Questionnaire, Part I and Part II, completed by the
.( individual (NRC Fom 1, Parts I and II).
(C) Two standard fingerprint cards with the individual's fingerprints (FD-258).
(D) Authority to Release Infomation (NRC Fom 259).
(E) Other related foms where specified in accompanying NRC instructions.
An application for renewal of NRC "R" special nuclear material access authorization need only include a statement by the licensee that at the time of application for renewal the individual's assigned or assumed job requires an NRC "R" special nuclear material access authorization, justified by appropriate reference to the licensee's security plan.
11i15 (c) (2) An exception to the NRC "U" special nuclear material access authorization expiration date and the time for submission of NRC "U" special nuclear material access authorization renewal applications, is provioed for those individuals who have a current and active DOE "Q" access authorization and who are subject to DOE Selective Reinvestigation Program requirements. For these indivi-duals, the time for submission of NRC "U" special nuclear material access author-ization renewal applications may coincide with the time for submission of Part I of a DOE Personnel Security Questionnaire to DOE pursuant to DOE Selective Rein-vestigation Program requirements. The licensee may submit to NRC, concurrent with its submission to DOE, an originally signed and dated copy of Part I of the indivi-
. {. duals' DOE Personnel Security Questionnaire, together with Part II of an NRC Per-sonnel Security Questionnaire and the foms and infomation required by paragraphs (c) (1) (A), (C), (D) and (E) above, as the supporting documentation for an NRC "U" special nuclear material access authorization renewal application. Any NRC "U" special nuclear material access authorization issued in response to a renewal application submitted pursuant to this paragraph (c)(2) shall not expire until the date set by DOE for the next reinvestigation of the individual pursuant to DOE's Selective Reinvestigation Program (generally every 5 years). At that time (and at the time of each subsequent reinvestigation of the individual), the licen-see may again submit, concurrent with its submission to DOE, an originally signed and dated copy of Part I of the individual's DOE Personnel Security Questionnaire, together with Part II of an NRC Personnel Security Questionnaire and the foms and infomation required by paragraph (c):1)(A), (C), (D), and (E) above, as the sup-porting documentation for the renewal application. Failure to file such a renewal application concurrent with the time "or submission of an individual's Part I of a DOE Personnel Security Questionnaire 1o DOE pursuant to DOE Selective Reinvestiga-tion Program requirements will result. In the expiration of the individual's NRC special nuclear material access authorization. NRC "U" special nuclear material access authorizations for which a timely application for renewal has been made may be continued beyond the expiration date pending final action on the application.
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haterial access authorization fees will be published in July of each year and will be applicable to each access authorization request received during the following calendar year.
111.15(f) Any federal employee or employee of a contractor of a federal agency, on official business, who possesses an active HRC or DOE "Q" access authorization or an equivalent federal security clearance granted by another federal agency
(" Top Secret") based on a comparable full field background investigation may be permitted the same level of unescorted access to special nuclear material that an flRC "U" special nuclear material access authorization would afford in accordance with 11.11. Any federal employee or employee of a contractor of a federal agency, on official business, who possesses an active NRC or DOE "L" .
access authorization or an equivalent security clearance granted by another federal agency (" Secret") based on a background investigation or national agency check may be permitted the same level of unescorted access to special nuclear material that an NRC "R" special nuclear material access authorization would afford in accordance with 11.11.
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UNITED CTATES NUCLEAR RE2UI.ATERY CIMMISSIEN RULES cnd REGULATIONS '
TITLE 10. CHAPTER 1. CODE OF FEDERAL REGULATIONS-ENERGY
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PART ELIGlBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL Geeral Prowlalone m
8*'- b)Re approved infonnation Regulatory Commission to carry out its h authority to establish and administer, in 3 g co (llection requirements contained in 11.5 Pohey, a manner cor sittent with traditional ll; part appear in ii 11.9.11.11.11.13, and 11.7 Def:nitions. American concepts of justice, a ;_11.15.
pt1.s information collection requirements: personnel security program in the "~ conducted by the Office of Personnel gg[ Py*[,* da interests of the common defense and Management that an individualin the security for the purpose of safeguarding course of employment is eligible to work Requkements for Special Nuc4 ear historial special nuclear ngaterial and preventing at a job falling within the criteria of A*****
- sabotage which would endanger the $ 11.11(a)(1) or $ 11.13.
ft!3 $1 utfe' men"t for k Public by exposure to radiation.To this (d)"NRC 'R'special nuclear material transpodadon. a end, the Commission has established access authorization" means an 11.15 Application for special nuclear ' criteria for determimng eligibility for administrative determination based matenal access authorization. O special nuclear material access upon a national agency check that an authorization and will afford affected individualin the course of employment Nuclear haakrtal
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individuals the opportunity for admimstrative review of questions is eligible to work at a job falling within the criterion of $ 11.11(a)(2).
concerning their eligibility for special 3 11.21 Application of the criteria. nuclear material access authorization. { $ 11.9 SPecmc exemptions.
Authodty: Sec. 7. Pub. L 93-377,88 Sta t. e %e Commission may, upon 475; Sec.161L Pub. L 83-703,68 Stat. 948 (42 I117 D*N ' application of any interested party.
U.S.C. 2201(il): Sec. 201, a s amendad. Pub. L , As used in this part: grant an exemption from the
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( ,91-438. 88 Stat.1242. Pub. L 94-79,89 Stat.
413 (42 U.S.C. ss411. Sec.11.15(e) also inced ;;
requirements of this Part. Exemptions
-- (,s) Terms defined in Parts 10,25,50, will be nted onlyif the are d th a rity of Sec. 501,65 Stat. .aw)
$ 70,72,73, and 95 of this chapter have the authodz d bylawand wil not a same meaning when used in this part.
constitute an undue risk to the common
_ General Provisions
- defense and security. Documentation 3 11.1 Purpose. '
(b) "Special nuclear material access related to the request, notification and
%Is part establishes the requirements authorization" means an administrative Processing of an exemption shall be for special nuclear material access determination that an individual maintained for two years beyond *.he authorization, and the criteria and (including a contractor or consultant) Period covered by the exemption.
procedures for resoldng questions who is employed by or is an applicant concerning the eligibility ofindividuals for employment with an affected Requirements for Special Nuclear to receive special nuclear material Commission contractor. licensee of the Matedal Access Authodzation access authorization for conduct of Commission. or contractor of a licensee certain activities, licensed or otherwise. :O of the Commission may work I at a job ' ,,,
which involve access to or control over pr which affords access to or control over (a) Each licensee who after February special nuclear material ' special nuclear material and that 19.1981 uses, processes, stores.
gi permitting the individual to work at that transports, or delivers to a carrier for f (ta a)scopa,
%e requirements, criteria, and job would not be inimical to the '
nuc1earma e7a a de d in Part of 6 procedures of this part apply to the common defense and security, this chapter) subject to the physical a
establishment of and eligibility for (c)"NRC 'IT special nuclear material protection requirements of Il 73.20.
special nucleat material accese access authorization" means an 73.25.73.28,73.45 and 73.46 of Part 73 of authorization for employees, administrative determination based tids chapter and sach person subject to contractors, consultants of, and , upon a national agency check and a full. the generallicensing requirements of applicants for employment with. _f,ield background investigation 3 I 70.20s shallidentify at its facility or licensees or contractors of the Nuclear
- plant (excluding all non- wer reactor Regulatory Commission where such [511.s infonnauenoom.cean g facilities and storage of elincident employment, contract, service, or , -_ __ Dess approval ** thereto and facilities and plants in consultation involvee any job falling (a)%e Nuclear Regulatory which the licensee possesses or uses within the criteria of i 11.11 or i 11.13. Commission has submitted the only irradiated special nuclear material (b) De requirements, criteria, and y information collection requirements subject to the exemption of 6 73.6(b) of Procedures of this part are in addition to : contained in this part to the Office of Part 73 of this chapter), describe, and and not in lieu of any requirementa- " Management and Budget (OMB) for provide to the Commission, by January
[~,,j criteria, or procedures for access to or E approval as required by the Paperwork 18,1982 by amendment to its security y control over clusified special nudear S Reduction Act of 1980 (44 U.S.C. 3501 et p, g material. seq.). OMB has approved the Information collection requirementa I11.5 Po#r'v. contained in this part under control It is the policy of the Nuclear number 3150-0062.
11 1 May 31,1984
PART 11 o CRITERIA AND PRECEDURES FOR DETERMINING ELIS10lLI,TY .....
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P)Each rpplication for special information.Deee criteria are not nuclear material acceu authorhation. exhaustive but contain the principal
,. renewal. or change lalevel shall be : types of demsatory information which accompanied by the licenaae's
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- in the opinloo of the Coaunission create remittance payable to the UA Nuclear -
a queedon as to the individual's _
Regulatory Commission according to the [ aligibGity for special noclear material .
following schedule:
- access authorisation.Dese criteria are m s== _ - y suis subject to continuing review and may be
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) revised from time to time as experience and cirnmetances may make desirable.
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- e ses tse, s.e. ec-esoww e r she m .-os< = ,,,,,
"L**'****""'""**"***#" .tsw (c) When the reports of investigation a tn c==-s *==e ' sic .com
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of an individual centein information 3 * * ""
reasonably falling within one or more of g '.ses m. mygsy,, ,=, g j+g the cleues of derogatory information ,
, . . - ' - - ' es listed in $ 10.11. It shall create a question as to the indisidual's eligibility Material access authorization fees for special nuclear material acceu will be published in December of each authorization. In such cases, the year and will be applicable to each op lication of the criteria shallbe made access authorization request received in ght of and with specific regard to during the fo!!owing calendar year. whether the existence of such Applications from individuals having information supports a reasonable belief current Federal access authorizations that the granting of a special nuclear may be processed expeditiously at le" m'aterial access authorization would be cost. since the t'ammission may accept inimical to the common defense and the cartification of acceu authorizations security.ne Director. Division of and investigative data (which la less Security, may authorize the granting of thas five years old) from other Federal special nuclear material access Covernment agencies which grant authorization on the basis of the pamaaaal accsas authorization. Information in the case or may authorize
- 0 the conduct of an interview with the individual and, on the basis of such (f) Nuclear Regulatory Commission (NRC) or Department s.f Energy (DOE) ,.[i I nterview and such otherinvestigation "Q~ or"I." access authorizouon granted *
'as the Director deems appropriate, may
- to en NRC or DOE employee or a authorize the granting of special nuclear
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- Department of Defense (DOD)" Top
= Secret"(based on a fu!! field material access authorization.
Otherwise, a question concerning the E invest!ss tion) or " Secret" clearance eligibility of an individual for special
= granted to a DOD employee. w!Il permit nuclear material access authonza tion
- hist employee, on official business. the shall be resolved in accordance with the I
same level of unescorted access to procedures set forth in ll 103-10.38 of special nuclear pasterial within material this chapter.
access areas. or within vital areas. or protected areas that an NRC "U" or "R" the(d)In resolving eligibility a question or continued concerning eligibility of accese euthorization. respectively- an individual for special nuclear would afford in accordance with i 11.1L material acceu authorization by action
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of the Hearing Examiner.'the following Cetteria for Determining Eligit>llity fo, Principle shall be applied by the Access to or Control Over.Special *** "*" " O* "" 8"""
- er aW sufficient to establish a reasonable belief as to the truth of theinformation
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I 11.21 _~_ . of tree crMerta, regarded as substantially derogatory (a)ne dacision to grant or deny and when the existence of such special nuclear material access infonnedon supporta a reasonable belief authoritation is a comprehensive. that granting access would be inimical
= common-sense judgment, made after to the common defense and security.
I consideration of all the relevant this shall be se bests for a Mforrnation, favorable or unfavorable, recommendation for denying or revoking E that to grant or deny special nuclear special nuclear material access
, material access authorization is or is not authorization if not satisfactorily
- inimical to the common defense and rebutted by the individual or shown to security and is or is not 'early be mitigated by circumstance.
consistent with the national interest.
(b) To assist in making theze det*rminations, on the basig of all the infortsation in a particular case, there
- M inim .te. H nm are r.et forth in i10.11 of this chapter a d e.d in ren se at am eier.sh.e samma.= to numtier of specific types of derogatory
.i .t,. *. 11 3 May 31,1983 (reset)
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". UNITED STATES NUCLEAR RE2ULATRY C;MMISSION RULES cnd REGULATIONS
. TfTLE 10. CHAPTER 1. CODE OF FEDERAL CEGULATIONS-E"EMY CRITERIA AND PROCEDURES FOR Di!TERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER 11 SPECIAL NUCLEAR MATERIAL STATEMENTS OF CONSIDERATION a5 FR 7s964 and specifications established by the radiation.Of course, a clearance rutalished 11/21/80 comminaion and as to whom the program itself does not entirely solve Effective 2/4/51 commission shall have determined that the problem of the " insider." but,in the permitting each such person to conduct opinion of the commission, experience Effective date extended. has shown that such programs do the activity wiu not be tril-Inni to the common defense and security * * *." substantially reduce the risk. Moreover.
10 CFN Parts 11,50,70 Pursuant 2 this statutory authodty & proposed program h one of several and after consideration of the results of elements in the commission's overaH Cdteria and Proch for public comments, the record developed safeguards program which together Determining EligitWilty for Accew to or in an informal hearing. and the protect against threats, both intemal Control Over Special Nuclear Eterial recommendations of the hearing board.
and extemal answcy: U.S.Nudear Regulatory the Commission is issuing regulations Two levels of special nuclear material Commission. which would require certain individuals access authoruation are established.
acviose Final rule. involved in the operation of licensed ne higher level. NRC-U. is band upon fuel reprocessing plants. In the licensed a full. field background invutigation and sucessany:InMarch1977 the use, processing, or storage of certain will apply to (i) allindividuals who Commission published for public quantities of special nuclear materials, require unescorted access to special comment proposed amendments to and in the transportation by the private nuclear material or within vital areas, establish criteria and procedures for sector of certain quantities of special (ii) those jobs in which an individual determining eligibility for access to or buclear material, to receive alone or in conspiracy with another control over special nuclear material As authorization from the Commiulon for individual who does not possess an a result of public and staff comments, access to or control over special nuclear NRC-U special nuclear material access the record of an informal Hearing, and material Nuclear power reactors authorization could act to steel or divert i the recommendations of the Hearing I censed pursuant to to CrR Part 508 are spedal nudear material or to commit L- Board, the scope of the ymposed not covered b'y these amendments.ney sabotage, and (iii) drivers of motor amendments has been narrowed to willbe th'e subject of a separate vehicles and pilots of aircraft indude only those fuel cyde facilities rutemaking to include a notice and transporting certain quantitles of special and transportation activities that use. comment period. Additionally, non
- nuclear material and those who escort
. procesa, or store formula quantitles of power reactors and storage of fuel road, rail, air or sea shipments of special
. special nuclear material. Light water incident thereto, have been excluded nuclear material ne lower level. NRC-reactors, non. power reactors, and from the requirements of these R. is based upon a National Agency facilities possessing only irradiated amend:nents pending cornpletion of a Check and will apply to all individuals
,. special nuclear material subject to the separate ongolog teview of total who require unescorted access to exemption of I 73.e(b) are not covered safeguards requirements adequacy at protected anas and who are not by these revised amendmonts.%e such facilities. When that assessment la required to possess an NRC-U special Nuclear Regulatory comminafon is now comptete, considerations of accesa nuclear material access authorization.
publishing these revised amendments in authorization requirements wu! be An implementation schedule has been final form. Included in the evaluation of overall established to account for changed prescTtyt pais: February 4.1981. safeguards upgrading which rosy be estimates of the time required to procesa considered necessary for these facilities, access authorization applications (190
,,,,y,,,,een peronwavion contact.
Finally, facilities posses:Ing formula days for an NRC "U" and 130 days for Frank GL!lespie or Jim Prell. Office of Standards Development. U.S. Nudear quantities of specialnuclear material an NRC "R") and for the initial flow of Regulatory Commwion. Washington, only in tie form ofirradiated special applications. Jobs at fixed sites requiring D.C. 20555. Phone 301-443-sow, nuclear material subject to the access authorization will be identified exemption of I 73.6(b) are also excluded by licensee submittal of an amendment surntesorrany serosas4Tioec Section to the security plan. For jobs not lett of the AtomicEnergy Actof1954,as from these requirments as the
- requiring an amended security plan.
amended, permits the Nudear Commission concludes that the risk of affected individuals must have the Regulatory Commission to prescribe theft or diversion of such ma9t ialis required access authorization within 365 regulations instituting a clearance minimal.nis is con.istent with other program for those individuals who have safeguards requirements for irradiated days of the effective date of the access to or control over speda} nuclear special nuclear material. amendments. All others must have material. Specifically, the section %ese regulations utiliza a personnel authorization 365 days after having the provides that the Commission may issue security program as a measure to protect amended security plan approved regulations "* *
- designating against those employed in the affected designating those hba which require activities lavolving quantitles of special nuclear scitivities who might conspire to access authorization.Breepted from the nudear material which in the opinion of steal or divert special nuclear material 365-day implementation in all cases are the Commission are important to the or conduct sabotage which would those who initially apply but have not common defense and security, that may endanger the public by exposure to received notification due to Comrnission be conducted only by persons whose processing time.
character, assodations and loyalty shad Both the National Agency Check and have been investigated under standards ,empi s. a. rat si. vr.. t.or the full. field background investigation
- Ameno.o a s r n t as a t 11 SC 1
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PART 11.o STATEMENTS OF CONSIDERATION
made to clarify and adjust the Energy Reorganisation Act oflate, as published in the FederalRegister on relationships of hoensees to the NRC amended, and secticas SE2 and 553 of under Part It ceanistent with their November 21.1980 (45 FR 70008) and Title 5 of the United States Code, the first updated along with otherminor
- ( nlatiomahip under Part 70.Hus persons following ====n1===*= to Part 11 of Title with l'e===== for activities at Axed sites amendments on November 16.19st (4s r*
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- 10. Chapter 1. Code of Federal FR 56598l.
will only have to embah amended Regulations are published as a nese fees are charged for access
- security plans for materialeenees document subject to co&Scedom. authorisatione _ . __ _ - f and services
- authorimetions for personnel working at rendered by the Nuclear Regulatory the site. Persons licassed to transport Comminion (NRC) at the request of an
! special nuclear material under the as FR somet identifiable recipient of the services and
, generallicense in 10 CFR 7tL30s w31 Pubstehed 12/1/e1 are authorized underTitleV of the i
u.ve to sabmit a revision to the required Effective 12/1/e1 Independent Offices Appropriation Act t plan toider.tify persons in the of 1952 (65 Stat 200: 31 U.S.C essa).
transportation request who will need to ucens/c, Aeou/rements for the The only revisions to the fee schedule
, be granted material access authorization Storage of 5 pent fuel /n en in this amendment are a deletion of an i under Part 11. /ndependent spent fuelstorage improper reference to *R" conversions i 3. A mvised fe? schedule Is needed to instellerlon; Minor Cler/fy/ng and in item (5) and the increased cost for the reflect the increase in the charge for a conform /n, Amendments processing of an NRC "U . access i full field background investigation. authorization involving a full field
) While the Anal rule establishing Part 11 8 I was before the Commission for final See Part 72 statements of consideration {.$"fgy" 88 Q"
(OPM).%e charge to NRC byOPM of publication approval, the Office of personnelMangement (OPM) notified this investigation has beenvaised from
. NRC of an increase in the charge.%Is 31.200.00 to $1.350.00. %e new fee j recovers this cost plus a part of NRC's incmase, plus a part of NRC's overhe ed overheard associated with the
{ associated with the processing o!1hese 47 FR sis 7 processing of these eccese j access authorizations. is reflected la the Published 2/4/s2 authorizations. The fees for en NRC *1t" i amended section. Effective 2/4/s2 access authorization have notbeen
- 4. A minor change is also needed to changed.
reDect the acceptance of "Q" and "I." When the original Part 11 fee schedule I security clearances granted to NRC and 10 CFR Part 11 wss developed, and again when recently DOE emplo'yees and the acceptance of revised.it was recognized that the Mahlon of Access Authorisation Feen
" Top Secret" and "Secnt" security #
for Nucteer industry actual manda@ K WM for conducting investigations would be i clearances granted to DOD employees as being equivalent to the respective aosucv: Nuclear Regulatory the det:isive factor goverrdrqs future fees
- Ceaunisolon,
/ -
NRC "U" and "R" access authorization charged by NRCHis relationship i
s levels "9utred by this Part. actiose Final rule. between the amounts charged by OpM 5.De wording in i11.15(e) needs to and the resulting fees charged by NRC oussanasm %e NRCis amending ha stillexists and was effected by the be avised to read the same as la regulations establishing the scheduling mcent increase encouncedby OpM.
- 6 25.17(e) which became effective of fece charged NRCliceneses for the Since the public had the opportunity 1e
- October 1.1seo.ne paragraph performance of full field sectrity comment on this aspect of Pertti es e I references expedidous processing of background investigations.%ie proposed rule,itisnot fehest wirr applications from individuals having amendment makes a minor correction in further benefits wouldbe accomedhy i current Federal accese authorisations. the schedule end increases thefee to additional public comunentirt this time.
i s. A specific date for obtaining cover the lacrossed fu charged the NRC Under these circumstances.?tRC.Ter
! individual clearances le needed in by the Office of Personnel Managment good cause. finds thatnofleeWf 611.13(a). which performs these inestigauens and proposed ruleinaking and palblic Since thm amendments plate solely to coverencreening costs NRC incurs la procedure therson are unnecausery.%e
. to minor technical matters as to prosewing es accom eueerksom M amendments will hieffacen interchangesbility of clearances. fees. "I"I" ** "" - - -- February 4.1ss2.
i
- '" " la na hre a d sprestwo sate:7sbruary 4.tsus. Pursuant to thelndependentOffices and[det",Qy"[&ree)
,g,, a5eckd son pusmeen esponsnaviose esserass: Appropriation Act of 1952 {es Stat. 2st pmon8 OPereung udw h samt Duane G. lGdd, Chief. Security Poliqy 31 U.S.C 4 ass) and S U.S.C553.111.13 liceam issued by 6 mana eeMeet to Stench. Division of Seasrity. OlBee of of Part11 of Tideto. Chapter 1. Code d
- mfmaced seguirmate of Part 73 (who Adsdalstratloa. United States Nuclear Federal Regulations. le publishea as a are already awam of the need to submit R tory Comadesion. Weehington. document subject to codification.
- a lisung ofIneviduals awang accom D. 2 essa, M 427 e 5.
- ==== arang essponaangiosc to CFR 47 Fn ses7s
- au&ortsaum m &e CanaiselmHW p,,,33,.Criterte end Procedures for rei;.hed s/2/s2 whosn ee impact ofincorporeung &e listing by amendment to their security Deteralains Eligibility for Access to er n ,ec,i,e tol2/s2
~ Control Over iNuclear MeterW "
F'** I* was first on Novedner 21.198th Revision and Clarification of Criterio t and procedures for Determ/. sing I notice of r.m --. .and (45 FR 79000).Section11.18 that access authorisation fees for Wd,6 ra
- public procedure thereon as succeeding year will be published each M8*# '*' A """* #"#'"#
\
"i December and willbe applicable to each Cete or NationalSecurity Information For the seesses set out in the eccess authorisation request received or en Employment Clearance end
'"',. preamble and pursuant to the A.omic during the following calendar year. %e Conforming Amendments
- .' Energy Act of1954.as --- a'. the initial fee schedule for this part was see Port to sistements of censideestion I
- 11. SC.3 September 30,1982 l
i
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