ML20206E664
| ML20206E664 | |
| Person / Time | |
|---|---|
| Issue date: | 07/18/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| NUDOCS 8606230489 | |
| Download: ML20206E664 (18) | |
Text
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b JUL 181125 MEMORANDUM FOR:
Patricia G. Norry, Director Office of Administration FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
CONTROL 0F NRC RULEMAKING By memorandum of February 13, 1984, " Control of NRC Rulemaking by Offices Reporting to the EDO," Offices were directed that effective April 1, 1984, (1) all offices under ED0 purview must obtain my approval to begin and/or continue a specific rulemaking, (2) resources were not to be expended on rule-makings that have not been approved, and (3) RES would independently review rulemaking proposals forwarded for my approval and make recommendations to me concerning whether or not and how to proceed with the rulemakings.
In accordance with my directive, the following proposal concerning rulemaking has been forwarded for my approval.
Proposed rulemaking to amend 10 CFR Parts 25 and 95 to (1) incorporate an exception to the personnel security background investigation requirement for access to Communication Security (COMSEC) information, (2) provide a procedure whereby affected licensees would seek prior NRC approval to effect only substantive changes to their security plans, and (3) adopt several revisions of a strictly ministerial nature.
(Sponsored by ADM - memorandum, Minogue to ED0 dated July 3, 1985.)
I approve continuation of this rulemaking. The NRC Regulatory Agenda (NUREG-0936) should be modified to reflect the status of this rulemaking.
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MEMORANDUM FOR:
William J. Dircks Executive Director for Operations
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FROM:
Robert B. Minogue, Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW 0F ONGOING RULEMAKING SPONSORED BY ADM Based on our independent review of the ongoing rulemaking, " Access to and Protection of National Security Infomation and Restricted Data" (10 CFR Part 25 and Part 95, sponsored by ADM), RES recomends that this rulemaking effort should continue. The basis for our recommendation'is as follows.
The proposed rule would amend 10 CFR Parts 25 and 95 to (1) incorporate an exception to the personnel securit access to Comunication Security (y background investigation requirement for COMSEC) information, (2) provide a procedure whereby affected licensees would seek prior NRC approval to effect substantive changes to their security plans, and (3) adopt several revisions of a strictly ministerial nature. The proposed rule was published in the Federal Register on March 13, 1985.
Public coments were due May 13, 1985.
The current regulation requires a 5 year background investigation ("Q" clearance) in connection with NRC licensee facility security _ officers who will be accountable for Confidential-National Security Information-(CNSI) one-time pads. The CNSI one-time pad is an information comunication device which is used to relay classified information about time, date and quantity of transportation of nuclear materials. Because of the relatively low level of classification involved and the short duration of classification period (the transmittedclassifiedinformationisdeclassified_uponcompletionofshipment).
ADM requested and was granted by the National Comunications Security Committee a waiver to the "Q" clearance requirement. The proposed rule would require an NRC-granted "L" clearance. This change will result a savings of $1,565 per clearance needed, i
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Also, the current regulations.are vague as to how a licensee would seek to adopt substantive changes to his approved security plan for using, processing, storing, reproducing, transmitting, or otherwise handling National Security Information and/or Restricted Data. As a result, not all licensees comply with.
the intended requirement of obtaining prior approval for making substantive changes to improve their security conditions. The proposed rule would detail specific procedures the licensees must follow to change the security plans as required. Assuming one modification per year for-all the 12 licensees and other organizations affected by these changes,.the cost to the industry would be about
$2,880 per year.
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Finally, several revisions of a ministerial nature are needed that would clarify the current regulations. No effect on the public, industry, and NRC is expected because of these changes.
The Director of ADM, recommends that this rulemaking continue.
The complete RES independent review package has been sent to OED0 (Attn:
DEDR0GR) and to the Director, ADM.
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Robert B. Minogue, Director Office of Nuclear Regulatory Research 1
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Finally, several revisions of a ministerial nature are needed that would clarify the current regulations. No effect on the public, industry, and NRC is expected because of these changes.
The Director of ADM, recomends that this rulemaking continue.
The complete RES independent review package has been sent to OEDO (Attn:
DEDROGR) and to the Director, ADM.
Origiml signed by:
ROBDt2B.UTimarm Robert B. Minogue, Director Office of Nuclear Regulatory Research DISTRIBUTION:
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RES STAFF REVIEW
SUMMARY
SHEET 1)
Review of the completeness of the Rulemaking Review Package.
a.
The NRC Regulatory Agenda entry has been updated to reflect the most current status of the rule.
b.
The rulemaking package as it was published as a proposed rule in the Federal Register was included in the review package.
c.
The office director's recommendations to the ED0 concerning whether and how to continue with the rulemaking were included.
d.
The results of the sponsoring office were complete.
A copy of the preliminary regulatory analysis and the proposed rule e.
were enclosed.
f.
No summary sheets, forms, or other documentation were requested by OED0 or "others" to assist in their review of the rulemaking therefore, no such items were included in the review package.
2)
Results of Review by the RES Task Leader a.
The rulemaking evaluation addressed the issues of the intended rulemaking. However, all of the issues were not addressed in a
" Evaluation of Rulemaking" package but were scattered throughout the rulemaking package.
b.
The necessity and urgency of the rulemaking are reasonable as presented in the package.
c.
The alternative to rulemaking discussed in the package is that there is no alternative which would be more effective and/or commit fewer resources. The status-quo was not discussed.
d.
The issue to be addressed through the rulemaking is miscellaneous amenoments to 10 CFR Parts 25 and 95 which would (1) incorporate an exception to the personal security background investigation requirement for access to Communications Security (COMSEC) information; (2) provide a procedure whereby affected licensees would seek prior NRC approval to effect substantive changes to their security plans; and (3) adopt several revisions of a strictly ministerial nature.
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An evaluation of the impact to the public, industry, and the NRC by the proposed rule was performed and seems reasonable. A negligible effect is predicted for the general public since these rulemaking activities apply only to those licensees and other organizations which need to use, process, store, reproduce, or otherwise handle classified information. The regulatory revision regarding access to COMSEC information will only impact three or four of the approximately twelve licensees and other organizations affected by Parts 25 and 95.
The savings for the industry would be $1565 every time a security clearance is needed. The cost for requiring NRC approval prior to substantive changes to an approved security plan is projected to be
$240 per site per change.
f.
The NRC Resources needed for this rulemaking and the scheduling were analyzed and judged to be appropriate.
3)
General Comments and Recommendations a.
The need for this rulemaking has been established. The rulemaking is consistent with applicable policies and planning guidance and is a matter of moderate urgency relative to accomplishing the NRC's mandate.
b.
It is recommended that the rulemaking should proceed.
67 RES INDEPENDENT REVIEW BOARD VOTING SHEET TO:
F. P. GILLESPIE, CHAIRMAN, RIRB FROM:
G. A. Arlotto, Member, RIRB TITLE OF RULEMAKING: Access to and Protection of National Security Information and Data (Parts 25 ano 05)
/AGREEWITHDRAFTRES REQUEST RIRB d
INDEPENDENT RECOMMENDATIONS MEETING.
IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
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RES INDEPENDENT REVIEW BOARD VOTING SHEET T0:
F. P. GILLESPIE, CHAIRMAN, RIRB FROM:
K. R. Goller, Member, RIRB TITLE OF RULEMAKING:
Access to and Protection of National Security Information and Data (Parts 25 and 95) j AGREE WITH DRAFT RES REQUEST RIRB v
INDEPENDENT RECOMMENDATIONS MEETING.
IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
K. R. Goller MEMBER, RIRB c//3/9f DATE
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l RES INDEPENDENT REVIEW BOARD VOTING SHEET T0:
F. P. GILLESPIE, CHAIRMAN, RIRB FROM:
W. M. Morrison, Member, RIRB TITLE OF RULEMAKING:
Access to and Protection of Rationa'l Security Infomation and Data (Parts 25 and 95)
AGREE WITH DRAFT RES REQUEST RIRB INDEPENDENT RECOMMENDATIONS MEETING.
IN DRAFT INDEPENDENT REVIEW s_
PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
hl[SIhc'-C4urst W. M. Morrison MEMBER, RIRB
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APR 171985 t
MEMORANDUM FOR:
William J. Dircks Executive Director for Operations FROM:
Patricia G. Norry, Director Office of Administration
SUBJECT:
RECOMMENDATION TO CONTINUE WITH CURRENT PROPOSED RULEMAKING:
MISCELLANEOUS AMENDMENTS TO 10 CFR PARTS 25 AND 95: ACCESS TO AND PROTECTION OF NATIONAL SECURITY INFORMATION AND RESTRICTED DATA In response to your memorandum of February 5,1985, subject:
Control of NRC Rulemaking: Revision of the Schedule for EDO Approval of Rulemaking," I have enclosed pertinent infonnation which supports my reconsnendation to continue with a current proposed rulemaking initiative.
On March 13, 1985, a proposed rule was published in the Federal Register (50 FR 10064) seeking to amend 10 CFR Parts 25 and 95 by (1) incorporating an exception to the personnel security background investigation requirement for access to Communications Security infonnation; (2) providing a procedure whereby affected licensees would seek prior NRC approval to effect substan-tive changes to their security plans; and (3) adopting several revisions of a strictly ministerial nature. Public connents on this proposed rule are due May 13, 1985.
I continue to view this proposed rulemaking as necessary to promulgate clarifying, efficient, and more effective regulatory requirements upon the approximately 12 licensees and other organizations which it affects.
If you have any questions or need further infonnation, please call Raymond J.
Brady, Director, Division of Security, on 49-24100.
2/f Patricia G. Norry, Dire tor Office of Administrati n
Enclosures:
- 1. Updated Regulatory Agenda
- 2. Copy of Proposed Rule
- 3. ADM Review of Proposed Rulemaking
- 4. Preliminary Regulatory Analysis
- 5. Background Supportive Documents
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ENCLOSURE 1 TITLE:
Access to and Protection of National Security Information and Restricted Data CFR CITATION:
10 CFR 25; 10 CFR 95 ABSTRACT:
The proposed rule would incorporate a recently approved exception to the personnel security background investigation requirement for access to Communications Security (COMSEC) information, provide a procedure for affected licensees to obtain NRC approval for any substantive changes a licensee may contemplate making to the approved security plan, and adopt various ministerial revisions to bring certain provisions in conformance with current policy, practice and procedure. These amendments are necessary to incorporate experience gained under the current regulations and implement an exception to current policy recently approved by the j
National Communications Security Committee.
TIMETABLE:
NPRM Comment Period End 05/13/85 Final Rule 08/00/85 LEGAL AUTHORITY:
42 USC 2165; 42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
1 Richard A. Dopp l
Office of Administration Washington, DC 20555 301 492-4124
o ENCLOSURE 3 ADM REVIEW OF PROPOSED RULEMAKING The Office of Administration seeks approval to continue its efforts in amending 10 CFR Parts 25 and 95 to (1) incorporate an exception granted the NRC to the personnel security background investigation requirements for access to Communications Security (COMSEC) information; (2) provide a procedure for affected licensees to obtain NRC approval for substantive changes they may contemplate making to their approved security plans; and (3) adopt various revisions of a strictly ministerial nature.
ADM continues to view this proposed rulemaking as one which improves the efficiency and effectiveness of 10 CFR Parts 25 and 95.
ADM sees no alternatives to rulemaking which would be more effective or comit fewer resources.
l This proposed rulemaking (50 FR 10064), dated March 13, 1985, incorporates I
an exception to personnel security background investigation requirements relating to access to certain comunications Security (COMSEC) information.
This exception, originally sought by the NRC Division of Security (SEC) from the National Comnunications Security Committee, exempts NRC licensee facility security officers from the requirement of having full field investigations as a precondition for access to certain COMSEC information. This rulemaking l
also provides a procedure for licensees to follow in seeking substantive j
changes to their approved security plans.
Finally, the staff has identified several revisions that are generally ministerial in nature which ADM views as merely clarifying or improving the effectiveness and accuracy of both 10 CFR Parts 25 and 95.
A negligible effect is predicted for the general pcblic since these rulemaking activities apply only to those licensees and other organizations which need to use, process, store, reproduce, or otherwise handle classified
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information. The regulatory revision regarding access to COMSEC information l
will only impact three or four of the approximately 12 licensees and other organizations affected by Parts 25 and 95. Additionally, this regulatory revision actually decreases the general personnel security background j
investigation requirements for access to COMSEC information, and, as a result, decreases the administrative and cost burden which would otherwise t
be required.
The regulatory revision regarding the new procedures to follow in seeking substantive changes to approved security plans ensures that SEC can continually evaluate the security practices and procedures used by licensees.
This e;; ables SEC to ensure that changes contemplated or proposed for facility security plans do not decrease the protection necessary to safeguard classified infonnation.
Current rule language and requirements are vague as to how affected licensees would adopt substantive changes to their approved security plans.
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NRC staff resources have totaled approximately 400 hours0.00463 days <br />0.111 hours <br />6.613757e-4 weeks <br />1.522e-4 months <br />. ADM plans to publish this as a final rule by August 1985, following the comment period on the current proposed rulemaking, which ends on May 13, 1985.
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