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f 1/11/85 Bob E.-(Erickson),
I have checked this package against our " Rule Checklist" and find it complete with two minor suggestions. I suggest the appropriate regulations be cited justifying that no EIS is required. And second, the close coordination that has already taken place with the Division of Security should be noted in the cover letter. Perhaps Security should concur before the package goes to Burnett.
Because the package is a request to the ED0 for authority to initiate rule-making, I see no other requirements at this time.
Dick (Gramann)
Dick (Gramann),
Please discuss with Russ and I'll initial after your comments are resolved.
Bob (Erickson)
B601090549 e51223 PDR P]R 39076 l
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PROPOSED ED0 RULEMAKING PACKAGE O
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/ kg UNITED STATES 8 NUCLEAR REGULATORY COMMISSION
$ 8 WASHINGTON, D. C. 20555 y.....j MEMORANDUM FOR: William J. Dircks
- Executive Director of Operations FROM: ushn G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
PROPOSED 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 proposes changes to the procedures for submitting and processing of appli-cations for nuclear material access authorizations and their renewals.
Enclosure B presents the rule with the proposed changes in comparative text. '
Enclosure C is the regulatory analysis for the proposed changes.
The proposedachanges 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 NRC "U" special nuclear material access au'thorizations through the DOE Selective Reinvestigation Program if the individual possesses a current and active DOE "Q" access authorization. In addition, the changes provide a number of simplified procedures related to th:r administration of and documentation of applications for special nuclear material access authorizations. The action is proposed to reduce regulatory burden by avoiding unnecessary duplication of NRC and DOE programs by licensees and the government.
Enclosure D is a Weekly Report to the Comissica with approval and forwarding dates left blank.
Coordination: The Office of Administration has reviewed this Federal Register Notice for proper formatting and content. The Division of Security of the Office of Administration concurs in the recommendation to propose this L
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,f 2-amendment to 10 CFR Part 11. 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:
As stated i
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yv REVISED CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL
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a-1 ENCLOSURE A 4
NUCLEAR REGULATORY COMMISSION 10 CFR PART 11 REVISED CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL AGENCY: Nuclear Regulatory Commission ACTION: Final Rule SU.MMARY: The Nuclear Regulatory Commission is changing the requirements for applications for initial access authorizations and for their renewal by
. allowing utilization of information on file with the government on individuals possessing current active clearances based upon equivalent investigations. The changes would eliminate unnecessary duplication of administrative costs by licensees for individuals already possessing comparable clearances. They would also eliminate certain NRC administrative costs.
DATE: The revised procedures are to become effective upon publication.
Affected licensees will be provided copies of the Federal Register notice.
FOR FURTHER INFORMATION CONTACT: Russel R. Rentschler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Pegulatory Connission, Washington, D.C. 20555, telephone: (301)427-4761.
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SUPPLEMF!!TARY INFORMATION:
BACKGROUND On March 17, 1977 (42 FR 14880), the NRC published proposed amendments to its regulations which would estaclish an access authorizat.on program for individuals who have unescorted access to or control ove" special nuclear material. Written comments were invited and received. On December 28, 1977 (42 FR 64703), the Commission issued a notice of pusiic ' earing! On the proposed regulations and subsequently established a Hearing Board to gather additional testimony. A final rule, based upon recommendations of the Hearing Board regarding only fuel cycle facilities and transportation, was published in 10 CFR Parts 11, 50, and 70 on November 21, 1980 (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 (00E) 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 NRC program has been replaced by an incentive to utilize as much of the existing 00E sytem as possible. The revisions to 10 CFR Part 11 accomplish tt.is end.
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CONVERSION OF CLEARANCES The NRC accepts personnel access clearances from other Federal agencies if the investigations upon which the clearances are based are equivalent to those.
required for the level of NRC special nuclear material access authorization.
This avoids duplication of investigative activities for individuals who have undergone a comparable investigation.
ACCEPTANCE OF NON-NRC APPLICATION FORMS Use of applications for access authorizations on forms which are issued by other Federal agencies, if all relevant information is provided, allows the granting of NRC material access authorizations without duplicative administrative costs. It allows incorporation of existing documentation.
USE OF DEPARTMENT OF ENERGY REINVESTIGATION PROGRAM The DOE reinvestigation program for individuals holding NRC material access authorizations allows renewals under the two programs to be handled under a single system cf administration. It avoids having both the licensee and the NRC duplicat. administrative activities already performed by the licensee and 00E.
... ,g MINOR ADMINISTRATIVE CHANGES, A number of minor changes of an administrative nature are included in the rule revision. The schedule date for revision of fees has been changed from December to July; the fee for a full field investigation has been changed froin
$1550.00 to $1580.00. Conforming changes have also been made, whera appropriate, to incorporate the major revisions described earlier.
NO ENVIRONMENTAL IMPACT The rule revision has no impact on the environment. It is wholly concerned with personnel control and is administrative in nature. Under the provisions of 10 CFR 51.5 an environmental impact statement or negative declaration and environmental appraisal need not be prepared.
PAPERWORK REDUCTION ACT STATEMENT The changes to the rule amend information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.). The rule prior to these amendments was submitted to the Office of Management and Budget and was reviewed and approved for paperwork requirements. The amendments to the rule eliminate reporting requirements which duplicate those from other Federal agencies.