ML20206E729
| ML20206E729 | |
| Person / Time | |
|---|---|
| Issue date: | 08/03/1988 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20206E703 | List: |
| References | |
| FRN-53FR30829, RULE-PR-11, RULE-PR-25 AC90-2-3, PR-880803, NUDOCS 8811180176 | |
| Download: ML20206E729 (12) | |
Text
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e NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 INPLEMENTATION OF THE USE OF SF-86, "QUESTIONNAIRE FOR SENSITIVE POSITIONS" AGENCY: Nuclear Regulatory Comission.
ACTION: Final Rule.
SUMMARY
- The Nuclear Regulatory Comission (NRC) is amending its regulations to change the forms required to request an NRC personnel security clearance and/or material access authorization for NRC licensee personnel, licensee contractors and other persons when an Office of Personnel Manager.ent (OPM) background investigation is necessary. The OPM has stipulated the use of the SF-B6, "Questionnaire for Sensitive Positions" as the basis for their background investigations. Therefore, NRC will discontinue use of the NRC form-1, "Personnel Security Questionnaire"; NRC form-259 "Authority to Re ease Inforeation for a Security Clearance Irvestigation"; and SF-85A, "National Agency Check, Data for Nonsenst' ne or k,ncritical-Sensitive Position." These forms will be replaced h the SF-86.
0011100176 001115
$[53 30029 PDR
t EFFECTIVE DATE:
FOR FURTHER INFORNATION CONTACT: Cynthia G. Harbaugh, Facilities Security and ;
Operational Support Branch, Division of Security, Office of Administration and Resources Management, U. S. Nuclear Regulatory Cossnission, Washington 0.C. ;
20555, telephone (301)492-4128. [
SUPPLEMENTARY INFORMATION:
> Licensee personnel, licensee contractors, and other persons who require access to classified information must be granted an NRC personnel security clearance.
Those requiring access to or control over special nuclear material must be granted an NRC material access authorization. As of September 16, 1988, the
' Office of Personnel Management (OPM) will accept only the Standard Form (SF) 86, which will serve as the basis for the investigations of all individuals requiring such clearances and/or authorizations. The NRC will discontinue use of the NRC Form-1, ' Personnel Security Questionnaire" and certain other related forms. Therefore, current provisions of Parts 11 and 25 must be amended to reflect changes in form requirements.
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Because these arendments deal solely with agency practice and procedure, the notice and comment provisions of the Administrative Procedure Act de not apply pursuant to 5 U.S.C. 553(b)(A). Tne amendments are effective 30 days after publication.
Envirunmental Impact: Categorical Exclusion The NRC has determined that this final regulation is the type of action described asacategoricalexclusionin10CFR51.22(c)(2). Therefore, neither an environ-mental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The OMB clearance for hRC Form-1, "Personnel Security Questionnaire" (3150-0048) is being discon-tinued and replaced by the SF-86, "Questionnaire for Sensitive Positions" which has been approved by OMB, number 3206-0007.
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Regulatory Analysis The Con.11ssion has prepared a regulatory analysis on tnis final rule. The analysis examines the costs and benefits of the alternatives Considered. The analysis is available for inspection in the NRC Public Document Room,1717 H Street, NW., Washington 0.C. Single copies of the analysis may be obtained from Cynthia G. !!arbaugh, Division of Security, Office of Administiation and Resources Manage.nent. U.S. Nuclear Regulatory CoM ission, Washington 0.C.
20555, telephone: (301)412-4128.
List of Subjects 10 CFR Part 11 Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security reasures, Special nuclear material.
10 CFR Part 25 Classifiec information, Investigations, Penalty, Reporting and recordkeeping requirerents, Security measures.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as arrended, the Energy Reorganization Act of 1974, as arrended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendrents to 10 CFR Parts 11 and 25.
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I PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGl8!LITY FOR ACCESS TO OR CCNTROL OVER SPECIAL NUCLEAR MATERIAL L t
i 1. The authority citation for Part 11 continues to read as follows: :
AUTHORITY. Sec. 161, 68 Stat. 948, as mended (42 U.S.C. 2201); sec. 201, 88 Stat.1242,asamended(42U.S.C.5841). !
Section11.15(e)alsoissuedundersec.501,85 Stat.290(31U.S.C.483a).
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- 2. Ir$11.15 paragraphs (b)and(c)(1)and(2)arerevisedtoreadas l
- follows: l I
I 11.15 Application for special nuclear s torial access authorization. l
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' (b) Applications for special nuclear s terial access authorization i for individuals, other than those qualifying under the provisions of i 11.15(a)(2), l 1 must be Nde on forms supplied by the Cortnission, including:
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i (1) Questionnaire for Sensitive Positions (SF.86, Parts 1 and 2);
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(2) Two corpleted standard fingerprint cards (FD-258);
i (3) Security Acknowiecgenent (NRC form 176); f
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(4) Other related forms wnere specified in accompanying instruction
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(NRC-254);and
($) A statement by the employer, prospective employer, or contractor [
I 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 plan. !
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(c)(1) Exceptasprovidedinparagraph(c)(2)ofthissection, !
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) NRC-U and R special nuclear Nterial access authorizations shall expire $ h i
years from the date of issuance, if continued NRC-U and R special riuclear j m terial access authorization is required, an application for renewal must i i
I be submitted at least 100 days prior to its expirition date. Failure to [
make a timely application will result in expiration of special nuclear 1 t
! m terial access authorization. Special nuclear m terial access authoriza- !
l tion for which a timely application for renewal has been ude my be ;
continued beyond the expiration date pending final action on the applica-tion. An application for renewal must include:
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(1) A statement by the licensee that at the time of application for l renewal the individual's assigned or assumed job requires an NRC-U wecial l nuclear traterial access authorization, justified by appropriate reference [
to the licensee's security plar; (11) Questionnaire for Sensitive Positions (SF-86, Parts 1 and 2);
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(iii) Two completed standard fingerprint cards (FD-258); and l l
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(iv) Other related forms wnere specified in acco:rpanying NRC instructions (NRC form 254).
(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 provided for tnose inolviduals who have a current and active DOE-Q access authorization and who are subject to 00E Selective Reinvestigation Program requirements.
For these individuals, the time for submission of NRC U special nuclear material access authorization renewal applications may coincide with the time for submission to 00E of the SF-86 pursuant to DOE Selective Reinves-tigation Program requirements. The licensee may submit to NRC, concurrent with its submission to 00E, a copy of the SF-86 which is dated and bears an original signature together with the forms and information required by paragraphs (c)(1) (i),(iii) and (iv) of this section, as the supporting documentation for an NRC-U special nuclear material access authorization renewal application. Any NRC U special nuclear material access authoriza.
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" tion issued in response to a renewal application submitted pursuant to this paragraph will not expire until the date set by 00E for the next reinvestigation of the individual pursuant to DOE's Selective Reinvesti-gation Program (generally every five years). At that time (and at the tir.e of each subsequent reinvestigation of the individual), the licensee may again submit, concurrent with its submission to 00E, a copy of tne SF-86 which is dated and bears an original signature together with the forms and information required by paragraphs (c)(1)(i),(iii), and (iv) of 7
i this section as the supporting documentation for the renewal application.
Failure to file such a renewal application concurrent with the time for submission of an individual's SF-86 to 00E pursuant to DOE Selective Reinvestigation Program requiremnts will result in the expiratior, of the individual's NRC special nuclear u terial access authorization. NRC-U special nuclear material access authorizations for which timely applications l
for renewat have been ude my be continued beyond the expiration date, pending final action on the application.
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j PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL l
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l 3. The authority citation for Part 25 continues to read as follows:
1 AUTHORITY: Secs. 145, 161, 68 Stat. 942, 948, asamended(42U.S.C.
2165,2201);sec.201,88 Stat.1242,asamended(42U.S.C.5841);E.C.10865, as amended 3 CFR 1959-1963 COMP., p. 398 (50 U.S.C. 401, note); E.O. 12356, 47 i
FR 14874, April 6, 1982.
Appendix A also issued under 96 Stat.1051 (31 U.S.C. 9071).
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For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
- 2273); ilI5.13, 25.17(a) 25.33(b) and (c) are issued under 1611, 68 Stat. 949, i
l as au nced (42 U.S.C. 2201(t)); and $125.13 ano 25.33(b) are issued under sec.
i l 1610, 68 Stat. 95C, as amended (42 U.S.C. 2201(o)).
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' tre(*aph (c)(1) is revised to read as follows:
$25.8 Informat q:: y',.etion requirements: OMB approval.
(c) i (1) In 125.17, SF-86 is approved under control number 3206-0007.
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- 5. In 125.17, the first sentence of paragraph (c)(2) is removed and paragraph (c)(1) is revised to read as follows:
$25.17 Approval for processing applicants for access authorization.
(c)(1) Each personnel security packet submitted, must include the following ccepleted forms:
(1) Questionnaire for Sensitive Fositions (SF-86, Parts 1 and 2);
(11) Two Stendard fingerprint cards (FO-258);
(iii) Secur'ty Acknowledgment (NRC Form 176); and (iv) Other related forms where specified in accoepanying instructions (NRC 254).
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- 6. In $25.27, paragraph (b) is revised to read as follows:
525.27 Reopening of cases in which requests for access authorizations are Cancelled.
(b) Aoditionally, if 90 days or more have elapsed since the date of the last Questionnaire for Sensitive Positi ns, a complete personnel security packet (see $25.17 (c)) shall be executed by the individual.
The NRC Division of Security, based on investigative or other needs, may require a complete personnel security packet in other cases as well. A fee, equal to the amount paid for an initial request, will be charged only if a new or updating investigation is required.
- 7. 125.29(Amended)
Section 25.29 is amer.ded by removing the words "Personnel Security Questiennaire" from the first sentence and substituting the words "Questionnaire for Sensitive Positions".
Dated at Rockville, Maryland this d ' day of /M3 1988.
For the Nuc1' ear Regulatory Comission, gMitor stel4 e.
Executive Jr.f <
rect,gr forOperations, 10
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- l Approval for Publication TheCommissiondelegatedtotheEDO(10CFR1.31(a)(3))theauthorit develop and promulgate rules as defined in the APA (5 U.S.C. 551(4))y subject to to the limitations in NRC Manual Chapter 0103, Organizations and Functions, ;
Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.
The enclosed rule, entitled "Implementation of the Use of SF.86, '
' Questionnaire for Sensitive Positions," will amend Parts 11 and 25 by changing the forms required to request an MRC personnel security clearance and/or material access authorization for NRC licensees and i others, when an Office of Personnel Management (OPM) background l investigation is necessary. ,
This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8 or 9 subpart C ;
concerning satters of policy. I, therefore, find that this rule is within !
the scope of my rulemaking authority and am proceeding to issue it. ;
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ENCLOSURE 8 REGULATORY ANALYSIS I
) 1. Statement of Problem l As of September 16, 1988, the Office of Personnel Management (CPM) will accept only the Standard Form (SF) 86, which will serve as the basis for
. the investigation of all individuals who require an NRC personnel security clearance and/or Nterial access authorization. The NRC must discontinue the use of the NRC Fom.1, "Personnel Security Questionnaire" because the SF-86 enables OPM to computerize the investigative process. Licensee per-
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! sonnel, licensee contractors, and other persons who require access to clas-l sified information Mst be granted an NRC personnel security clearance; and those requiring access to or control over special nuclear material must be granted a material access authorization by NRC. Therefore, the current J regulations,10 CFR Parts 11 and 25. must be amended to reflect thanges in 2
form require::ents.
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- 2. Objective i
j The objective of this regulatory initiative is to inform licenser, and other nongovernment bodies of changes in the forms required to request
! NRC personnel security clearances and/or Nterial access .utNrizations.
! NRC's intended regulatory initiative specifically adopts these new
. requirements and promulgates this revised national policy to those licensees and others requiring a background investigation.
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- 3. Alternatives i
There is no reasonable alternative to revision of these regulations that i woulo achieve the desired result.
4 Consequence l
l There are approntmately 14 affected entities licensed by NRC. NRC l
personnel security clearances, which permit access to classified j inforsation; and/or material access authorizations, which permit access
- . to or control over special nuclear material, must be granted to certain licensee and licensee contractor personnel and others in order for them to conduct business. Unless the SF-86 is used to request persornel j security clearances and/or material access authorizations from NRC, the J
necessary background investigations conducteo by OFM can not be perforwJ.
- 5. Decision Rationale
! The only available method of imposing this legitimte requirement on l selected licensees is to revise 10 CFR Parts 11 and 25. ,
Other avenues would lack the requisite fonnality and legality necessary to require all effected NRC licensees to adhere to the changes in foms requireo for background investigations relating to those licensee personnel applying for NRC personnel security clearances and/or material access authorizations.