ML20206E696
| ML20206E696 | |
| Person / Time | |
|---|---|
| Issue date: | 11/15/1988 |
| From: | Kidd D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Lanham D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| Shared Package | |
| ML20206E703 | List: |
| References | |
| FRN-53FR30829, RULE-PR-11, RULE-PR-25 AC90-2-1, NUDOCS 8811180164 | |
| Download: ML20206E696 (3) | |
Text
s 4 90- 2
- j#4ouq[Cg UNITED STATES
[4 5 i g
j NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20555
- t,, ,/ NOV 151988 MEMORANDUM FOR: Donald H. Lanham, Chief Document Control Unit Division of Information Support Services Office of Administration and Resources Management ,
FROM: Duane G. Kidd, Chief Facilities Security and Operational Support Branch '
Division of Security Office of Administration and r Resources Management ,
SUBJECT:
REGULATORY HISTORY PROCEDURES "IMPLEMENTATION OF THE USE OF SF 86, ' QUESTIONNAIRE FOR SENSITIVE POSITIONS'" i Enclosed are copies of all documents relevant to the final rule involving the "Implementation of the Use of SF 86, ' Questionnaire for Sensitive Positions'"
(Parts 11 and 25) which was published in the Federal Register on August 16, 1988. ;
These documents 6re forwarded in accordance with the procedures set forth in a memorandum dated April 5,1985 by the Executive Director for Operations, for
- ensuring that a complete regulatory history is complied for each rulemaking action undertaken by an office under his preview.
. t Please note that the designators "AC90-2", and "PDR" have been placed in the upper right hand corner of each document to assist you in preparation of an index of the enclosed documents.
As stated in the above procedures we should receive a printout listing of the documents submitted in approximately two weeks. We will submit a copy to the Regulatory Publications Branch for future access.
If you have any questions, please contact Cynthia G. Harbaugh of my staff ;
on x24128. f gm Duane G. Kidd, Chie' facilities Security and Operational Support Branch ,
- Division of Security Office of Adeinistration and 4 Resources Management ,
'l
Enclosures:
As stated 8811100164 881115 .
PDR N 53N 30829 i
o
/ic 90 - 1
. mm usas Rules and Regulations red-ai nea Vol. 53. No.154 Tuesdd). August 16. 1968 Those requiring access to or control oser uit of Subjects special nuclear material must be granted to CTR Part 12 an NRC material access authorization.
As of September 18.1988. the Office of liarardous materials-transportation.
Personnel Management (OPM) will In vestigations. Nuclear ma terials.
accept only the Standard Form (SF) 86. Reporting and recordkeeping which will serve as the basis for the requirements. Secunty measures, investigations of allIndisiduals Special nuclear material.
requiring such clearances and/or to CTR / bet t.1 authorizations, ne NRC wdl discontinue use of the NRC Form-1. Classified information, Ing estig.stions.
-- "Personnel Security Ques'ionnaire' ar.d Penalt). Reporting and recordkeeping certain other related furms Therefore. rmuirements. Secunty measures.
NUCLEAR REGULATORY current provisions of Parts 11 and 25 For the reawns set out in the COMMIS$lON must be amended to reflect changes in preamble and under the authority of the 10 CFR Parts 11 and 25 form requirements. Atomic Energy Act of 1954. as amended, the Energy Reorganlaation Act of 19"4.
Implementation of the Use of SF46, caun en amendments deal as amended and 5 U.S C. 552 and 553.
solely with agency practice and the NRC is adopting the following "Ovestion,naire for Sensitive pr cedure, the notice and comment Positions. amendmer ts to 10 CFR Parts 11 and 25 provisions of the Administratise acesecy: Nuclear Regt.latory Procedure Act do not apply pursuant to PART 11--CRITERIA AND Commission. 5 U S.C. 553(b)( A). ne amendmente are PROCEDURES FOR DETERMINING actio*t: Final rule, efrective 30 days after publication. ELIGISILITY FOR ACCESS TO OM CONTROL OVER SPECIAL NUCLEAR suwaar.ne Nuclear Regulatory EnstronmentalImpact: Categorical MATERIAL Commission (NRC)is amending its Esclusion regulations to charse the foims required 1. The authority citation for Part u ne NRC has determined that this to request an NRC personnel security c ntinues to read as follows:
final regulation is the type of action clearance and/or anaterial access descnhed as a categorical esclusion in Authorityi see.1st, se sta t. 94a. a s authorirailon for NRC licensee amended ist U S C. 22011 sec. 201, as bt personnel. licensee contractors and to CHL 31.2:(c)(2).Therefore, neither an 1242, as amnded (42 U S C. Sa41).
other persons when an Office of en5* nmentalImpact etstement not an section 111stel also issued undee sec. soi.
Personnel Management (OPNT) environmental assessment has been as Siat. 290 in U.S c. Sasak prepared for this final rule.
bac kground investgation is necessary. 2. In i H.15 paragraphs (b) and (c)[1) ne OPM has stipu.ated the use of the Paperwork Reduction Act Statement and (2) are revised to read as follows:
SF-ac. "Questionnel e for Sensitive Positione" ea the basis for their This final rule amends information i 11.15 App # cation ser speciei nuclear backgr ound investigations. Therefore, collection requirements that are subject mater.at acessa authertsamen.
NRC will discontinue use of the NRC to the Paperwork Reduction Act of 1980 + + * *
- Form-1. "Personnel Security (44 U.S.C. 3501 et seq ). The OMB ib) Applications for special nuclear Que stlonnaire": NRC Form-259. clearance for NRC Form-1. "Personnel material access authorisation ivr "Authority to Release information for a Security Questionnaire" (315H048) la individuals. other than those qualifying Secvdty Clearance Investigation"; and being discontinued anJ replaced by the under the provisions of i 11.15(a)(2).
SF-MA *N tional Agency Check. Data SF-as.
- Questionnaire for Sensitive must be made on forms supplied by the for Nonsensitive or Noncritical. Sensitive Positions" which has been appros ed by Commission. including:
Positi.m * %4*e forms will be replaced OMB number 3:oH007 (1) Questionnalte for Sensitive by the SFalL Positions (SF-as. Parts 1 and 2):
artcurry a tar.Tv; September 15,19es, I'8"I*N ^**I) N' (2) Two compteled atandard con rmiets so ronsaartoes coortacy The Commission has prepared a fingerprint cards (f1)-258):
Cynthia C. liarbaugh. Facilities Security regulatory analysis on this final rule. (3) Security Acknowledgement (NRC and Orrational Support Branch. The analysis examines the costs and Form 176):
Dnision of Serunty, Office of benefits of the alternatives considered. (4) Other related forms where Admmistration and Resources The analysis is available for inspection specified in accompan)ing instruction Management. U.S. Nuclear Regulatory in the NRC Public Document Room.1717 (NRC-254); and Coinmission. Washington. DC 20155. 11 Street NW., Washington. DC. Single (5) A statement by the employer.
telephne (301) 492-4128. copies of the analysl4 may be obtained prospectis e emplo)er, or contractor svensesserTAav seecoassartoet Licensee from Cynthia C. Harbaugh, Division of identifying the }ob to be assigned to or personnel. licensee contractors, and Security. Office of Administration and assumed by the individual and the level other persons who require access to Resources Managerrent. U.S. Nuclear of authorization needed. Justified b) classified information must be granted Regulatory Commission. Washington, appropriate reference to the licensee's i an NRC personnel security clearance. DC 20555. telephone: (301) 492-4128. security plan.
e 30s30 Fed:ral Regist:r / Vol. 53 No.158 / Tu:sday, August 16, 1988 / Rules and Regulations +
(c)(1) E.scept as prosided in paragraph the time of each subuquent lii) Two Standard fingerprint cards (c)(2) of this section. NRC-U and R reinvestigation of the individual), the (FD-258): ,
special nuclear material access licenses may again submit, concurrent (iii) Security Acknowledgment (NRC authorizations shall expire 5 years from with its submission to DOE, a copy of Form 176); and the date of issuance,if continued NRC- the SF-46 which is dated and bears an (iv) Other related forms where U and R special nuclear material access original signature together with the specified in accompanying instructions authorization is required, an application forms and information required by (NRC-254).
for renewal must be submitted at lesst paragraphs (c)(1)(1). (iii), and (iv) of this * * * * '
120 days prior to its expiration date, section as the supporting documentation 6. In i 25 27, paragraph (b)is reviseJ Failure to make a timely application will for the renewal application. Failure to to read as follow :
result in expiration of special nuclear file such a tenewel application material access authorization. Special concurrent with the time for submission 12527 Pteopening of caps in wtuch nuclear material access authonzation of an individual's SF-oo to DOE mqueste for accesa authortaawe n for which a timely application for pursuant to DOE Selective *****"*'
renewal has been made may be * * * *
- Reinustagation Program requirementa continued beyond the espiration date will result in the eitparation of the (b) Additionally,if 90 days or more pending final action on the application. indisidual's NRC special nuclear have elapsed since the date of the last An application for renewal must matenal access authonration. NRC-U Questionnair, for Sensitive Fositions. e special nuclear material access acket (see includehtatement (i) A by the licensee that at authonzations for which timely complete personnel
$ 25.17(cIl shall be executedsecurity by the the time of application for renewal the applications for renew al have been individual. The NRC Division of individual's assigned or assumed job made may be continued beyond the Secunty, based on investigathe or other requires an NRC-U special nuclear eiipitation date, pending final action on needs, may require a complete material access authorization. lustified the application. personnel security packet in other cases by appropriate reference to the . . . . . as well. A fee, equal to the amount paid hcensee's secunty plan: for an initial request, will be charged (iil Questionnaire for Sensitive PART 25-ACCESS AUTNORIZATION only if a new or updating investigation Positions (SF-ee, Parts 1 and 2): is required.
FOR LICENSEE PERSONNEL.
(iii) Two completed standard fingerpnnt cards (FD-258); and 3. The authonty citation for Part 25 ( 25 29 tAmended)
(iv) Other related forms where continues to read as follows: 7. Section 25 29 is amended by specified in accompanyin) NRC removing the words "Personnel Secunty Authority: Secs 145.1e1. es Stat. M2. 94a.
instructions (NRC Form 2M)- n amended (u U SC 2Ms.1:03 uc. 201. sa Questionnstre" from the first sentence (2) An exception to the NRC-U special Stat.1242, es amended (42 U.S C So4th EO. and substituting the words nuclear material access authorization 10 PAS. as amended. 3 CyR 1956-1963 COMP, "Questionnaire for Sensitive Positions",
espiration date and the time far P. 39e 150 U S C 401, note). EO.12356,47 FR Dated at Rocksdie, Mar > land this 3rd day submission of NRC-U special nuclear 14374. Apnl a,19c. or Augg,t ggg material access authonzation renewal Appendis A alsoissued under 96 Stat toS1 applications la provided for those For the Nuclur Regetory Commissen.
(31 U S C 071).
Indniduals who have a current and Fw de purpows of sec. 22164 Stal 954. as VICIO' St'IIG. If.
aettye DOE-Q acces: authortzation and amended (42 U.S C 2273): ll 2513. 2S 1f(a). Erecvthe Duecroefor Operations.
who are subject to DOE Selective 25 33 (b) and (c) m issaed under letL 64 {FR Duc. 84-16472 Fded 6198,8 65 am)
Reinvestigation Program requirements. fg*$,*n'dbn e i) nd .,,,,,,,y For these individuals the time for toto, ea Stat eso, as amended (t2 U SC submission of NRC-U special nuclear ::m(oi).
material access authortration renewal apphcations may coincide with the time 4. In $ 25 8, paragraph (c)(1)is revised for submission to DOE of the SF-e6 to read as follows:
pursuant to DOE Selectise Reinvestigation Program requirements, 1251 Intwmotion ceech requirements: Once approval i The licensee may subrnit to NRC, . . . . .
concurrent with its submission to DOE, a copy of the SF-86 which is dated snd ICI . . .
1 bears an original signature together with (1) In i 2517, $ F-oo is appres ed under the forms and informa' ion required by control numbe' 3ME paragraphs (c)(1)(l) (iii) and (iv) of this ,
section, as the supporting 5. In $ 25.17, the first sentence of documentation for an NRC-U special parayaph (c)(21is remos ed and nuclear material access authonsation paragraph (c)(1)is resised to read as l renewal application. Any NRC-U follows: '
special nuclear matenal access authonration issued in response to a 125.17 Approval tw procuseg opp 5 cents renewal application submi'ted pursuant tw acena euwtam to this paragraph will not espire until l the date set by DOE for the nest (c)(1) Each personnel security packet l reingestigation of the individual submitted. must include the following I pursuant to DOE's Selective completed forms:
Reinsestigation Program (generally (i) Questionnaire for Sensitive eser) fae years). At that time (and at Positions (SF-86. Parts 1 and 2);
l l
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