ML20206E893
| ML20206E893 | |
| Person / Time | |
|---|---|
| Issue date: | 09/24/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| NUDOCS 8606240033 | |
| Download: ML20206E893 (30) | |
Text
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- p%q% ~ UNITED STATES
. 8"' , n NUCLEAR REGULATORY COMMISSION
. ;; WASHINGTON, D. C. 20555
....+ SEP 2 41985 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 EDO 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 torwarded for my approval and make recomendations 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 tor my approvel:
Initiation of rulemaking to revise 10 CFR Part 25 - Access Authorization for Licensee Personnel, to 1) rescind the NRC commitment in Section 25.17(e) to publish, in July of each year, the current access authorization fees (background investigation fees) and, 2) delete Appendix A " Fees for Access Authorization."
(Sponsored by ADM - memorandum, Minogue to EDO dated July 22,1985.)
Initiation of rulemaking to address this matter is approved. However, LLD advises that items 1) and 2) above appear to be contrary to statutory require-ments. Therefore, another approach to address the matter must be determined.
My understanding is that the annual publication of such fees merely reflects the current fee charged to NRC (and the rest of the Federal Government) by the Office of Personnel Management (0PM) to conduct background investigations, plus an NRC 15 percent administrative add-on charge. OPM has adopted a policy of periodic rate adjustments as warranted usually announced during the second quarter of each fiscal year. Agencies are notified by FPM Bulletin announcing each rate adjustment. The purpose of the aforementioned NRC rulemaking is to keep licensees promptly informed of current fees while at the s se time mini-mizing the burden of such action. In this regard, perhaps a viable approach is to revise the currently effective rule as follows:
Change the NRC comitment to an update of the tee schedule from the current
... July of each year..." to a more flexible " Updates of the access authorization fee wilI be published as warranted," or a close facsimile thereto.
62 033 850924 25 PDR I
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SEP 2 41985 This approach will keep applicants and licensees informed concerning fees and minimize the burden of such action. To further minimize the burden, it appears that rulemaking concerning this matter can be in final form (no ANPR or proposed rule) and issued under my signature (Commission action is not required). I expect that your consideration of this approach would include ELD views concerning the matter.
The NRC Regulatory Agenda (NUREG-0936) should be modified to reflect the status of this rulemaking.
\ William J. Dircks Executive Director for Operations cc: V. Stello -
J. Roe H. R. Denton J. Taylor R. B. Minogue J. G. Davis Distribution:
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555
\*****/ SEP 2 31566 NOTE T0: P. G. Norry, D/ADM FROM: R. J. Brady, D/SEC
SUBJECT:
ATTACHED CORRESPONDENCE: CONTROL 0F NRC RULEMAKING The attached correspondence from the EDO is based on a suggestion made by W. Schwink early last Spring. He thought SEC should explore an alternative to annual fee publication in Part 25. SEC agreed to explore alternatives.
On April 1, 1985 (see Enclosure 1) we developed correspondence to the EDO, seeking his approval to pursue the idea of revising the means by which we notify licensees of fee changes in Part 25.
RES performed an Independent Review of our intent to pursue this course, but the issue became moot when ELD later ruled that it would be necessary to con-tinue the publication of fee changes in the F_R due to statutory requirements.
Thereafter, a couple of staff meetings were held during mid-August (L.
Hininelsbach, SEC; R. Voegeli, ELD; W. Schwink, DEDR0GR) to improve Part 25 by reflecting more succinctly that NRC would update the fee schedule only when the fee actually needs to be changed and not "... July of each year..."
as currently required. SEC was, for the most part, a major contributor in the development of this alternative approach (see Enclosure 2).
Give me a call if you have any questions or need additional information.
J [r , /dEC
Enclosures:
As stated I
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ENCLOSURE 1 i
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. EC Cr1 FILE: LRD 3.00.09,s.
y yy. E 3.Ft H m APR 011985 D. % .b.f (No t O HE!!ORANDUti FOR: William J. Dircks Executive Director for Operations FR0ll: Patricia G. Horry, Director Office of Administration
SUBJECT:
REC 0!il1ENDATION TO PROCEED WITH RULEllAKING: DISCONTINUE THE ANNUAL PUBLICATION OF REVISED ACCESS AUTHORIZATION FEES CURRENTLY REQUIRED IN 10 CFR PART 25 In response to your memorandum of February 5,1985, subject: " Control of NRC Rulemaking: Revision of the Schedule for ED0 Approval of Rulemaking," I have enclosed pertinent infonution which supports my recomendation to proceed with a new rulemaking initiative.
NRC is currently required by 10 CFR Part 25, " Access Authorization for Licensee: Personnel," to publish during July of each year, revised access authorization fees charged to licensees.
After consideration of this practice, the staff has concluded that fomal rulemaking is not the nost efficient means of notifying or imposing revised access authorization fees on affected licensees. Rather, such notification can take the fom of femal correspondence directly to the licensees.
However, in order to implement this measure a revision to 10 CFR 525.17 is necessary to rescind the requirement of fee publication.
I view this rulenaking as a positive, efficient step in decreasing, to the fullest extent possible, unnecessary future rulemaking requirements. While fomal, legal review of this idea has yet to be pursued, I am identifying to you at the earliest possible time, my intent to pursue this regulatory revision. I expect to publish a final rule by July 1985, which will rescind the requirement to publish revised fees in the Federal Register, and substi-tute annual publication with a new, less time consuming means of notifying affected licensees.
If you have any questions, or need further infomation, please call Raymond J. Brady, Director, Division of Security, on 49-24100.
Original signed by Patricia Nony f Patricia G. Norry, Director
, Office of Administration
Enclosures:
- 1. Regulatory Agenda
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ENCLOSURE 1 TITLE:
Adjustment to Fee Schedule Publication CFR CITATION:
10 CFR Part 25 ABSTRACT:
The final rule revises the means by which licensees would be notified of access authorization fee changes. Currently,10 CFR 525.17 stipulates ther revised fees will be published in the Federal Register during July of each year. Staff has concluded that this is not the most efficient method of notification. An alternative to Federal Register publication would be to notify affected licensees by letter, as the need arises.
TIMETABLE:
Final Rule 7/00/85
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LEGAL AUTHORITY 42 USC 2201; 42 USC 2165; 42 USC 5841; 31 USC 9701 EFFECT ON SMALL BUSINESS AND OTHER ENTITIES: None AGENCY CONTACT:
Richard A. Dopp Office of Administration Washington, D. C. 20555 (301) 492-4124 l
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ENCLOSURE 2 ADM REVIEW 0F PROPOSED RULEMAKING The Office of Administration seeks approval to amend 10 CFR Part 25, " Access Authorization for Licensee Personnel," to revise the means by which licensees and others are notified of changes to access authorization fees charged by NRC.
ADM views this rulemaking as one which significantly improves the efficiency and effectiveness of our regulations.
ADM sees no alternatives to rulemaking that would be more effective and/or commit fewer resources.
This proposed final rulemaking will amend Part 25 by discontinuing the practice of publishing, on an annual basis, revised access authorization fees in the Federal Register. Our current annual publication of such fees merely reflects changes in costs charged to the NRC by OPM for background investiga-tions. The fee arrived at by NRC reflects this OPM charge, plus a 15%
administrative add-on charge. This formula has been very successful and has not been the subject of comment or concern by the licensees and others who must abide by the fee schedule. Since 1981, the fees have been published in the Federal Register as final rules. After further consideration, NRC staff has now concluded that a more efficient means of notifying affected licensees and others of revised fees would be by way of letter. Such a system is more efficient for the NRC and would continue to ensure that all licensees become aware of the new charge simultaneously and in an orderly fashion.
A negligible effect is predicted for the general public since these rulemaking activities apply only to those licensees and others who need to use, process store, reproduce or otherwise handle classified information. NRC licensees and other interests (together totalling approximately 12) will be affected insofar as these amendments improve current regulatory procedures. ADM views these amendments as necessities.
NRC staff resources should total approximately 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br />. ADM plans to publish this as a final rule by July 1985.
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( i ENCLOSURE 3 PRELIMINARY REGULATORY ANALYSIS As a result of an informal meeting held between representatives of ADM and Walter S. Schwink, DEDR0GR/E00, it was decided that a preliminary regulatory analysis for this rulemaking was not necessary since it was wholly ministerial in nature and has no appreciable or measurable effect on the licensee.
It should be noted, however, that this rulemaking does impact on the NRC in a positive, economizing fashion, by discontinuing the practice of fomally revising fees charged to licensees for access authorizations through the rulemaking process.
Currently,10 CFR 25.17 requires the publication of access authorization fees in July of each year. This practice of annual rulemaking requires approximately 250 staff hours each year. This annual publication of fees has occurred since 1981, and has never resulted in a comment or criticism from those whom it affects. The staff has concluded that a more efficient means of notifying affected licensees would be through formal correspondence, rather than rulemaking.
ADM estimates that the generation of correspondence, on an annual basis, to approximately 12 licensees, would require about 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> vs. the 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br /> currently expended each year on rulemaking.
Notification by Rulemaking (250 hrs. X $60) = $15,000 Notification by Correspondence (30 hrs. X $60) = $1,800 l
Savings to NRC per year (220 X $60) = 13,200 l
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MC: 6335 AUG 2 8 1985 SEC CEN FILE: LRD 3.00.09 NOTE TO: Walt Schwink, DEDROGR FROM: Dick Dopp, SEC/ADM
SUBJECT:
YOUR DRAFT IDEAS ON ELIMINATING THE REQUIREMENT TO PUBLISH ACCESS AUTHORIZATION FEES IN THE FEDERAL REGISTER ON AN ANNUAL BASIS Based upon discussions last week (8/19/85)'between yourself, Larry Himelsbach and Roy Voegeli, ELD, plus more recent (8/28/85) conversations between you and Larry, I have attached a handwritten mark-up of your draft, memorandum, plus some background correspondence (RES Independent Review Materials) which accompanied your draft.
Based on these conversations and the initial research we have all accomplished, it seems that the simplest and perhaps the most efficient means of revising our fees / fee schedule is to only do it when OPM notifies us of a change and not be locked into the current regulatory language (i.e., "... July of each year...").
Give me a call on X24124 if you have any questions or need further information. .
Original Signed By Richard A. Dopp R. A. Dopp, Chief, SEC/ADM Attachments: As stated cc: R. J. Voegeli, ELD bcc: R. J. Brady, D/SEC F. A. Maturo, DD/SEC J. J. Dunleavy FPSB i
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- ;. ' . ' ' . . p ./.'"' b fi' 6 M MEMORANDUM FOR; Patricia G. Norry, Director Office of Administration FROM
William J. Dircks Executive Director for Operations CONTROL OF NRC RULEMAKING
SUBJECT:
By memorandum of February 33,1984, " Control of HRC Rulemaking by Offices ,
Reporting to the EDO," Offices were directed that effective April 1, 1984, (1) all offices under EDO 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; f
initiation of rulemaking to revise 10 CFR Part 25 - Access Authorization for Licensee Personnel, to 1) rescind the NRC commitment in Section 25.17(e) to f- access; authorization fees = . /.
publish in July of each year,- the[ current:
." Fees 'for' Acfess
(' background , investigation fees) and, 2) delete Appendix A i
Authorization."
I initiation of rulemaking to address this matter-is approvedit However, ELD eea,-
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advises that items 1) and 2) above appear to be contrary to statutory i
requirements. Therefore, another approach to address the matter must be.
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t determined. My understanding is that the annual publication of such fet s the. caricat(ce cJ,sqed % hlRC. (c~A % asTg rk R&MLerwergy) by
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The ,NRC Regulatory Agenda (NUREG-0936) should be modified to reflect the status of this rulemaking.
l William J. Dircks
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.HEMORANDUM FOR:
William J. Dircks Executive Director for Operations FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW 0F ONG0ING RULEMAKING SPONSORED BY ADM Based on our independent review of the ongoing rulemaking, " Access Authorization for Licensee Personnel" (10 CFR Part 25, sponsored by ADM), RES recommends that this rulemaking effort should be terminated. ADM concurs in this recomendation. The basis for our recomendation is as follows:
This proposed rulemaking would have amended 10 CFR Part 25 by rescinding. the requirements to publish on an annual basis revised access authorization fees for NRC clearances in the Federal Register. Instead NRC would have notified affected licensees and others of revised fees by way of letter. Such a system would have been more efficient for the NRC while continuing to ensure that all -
licensees become aware of new fee charges simultaneously and in an orderly fashion.
However, when RIRB requested that ADM ask ELD whether there would be a problem in not publishing the fee table annually, ELD determined that it will be necessary for ADM to continue publishing the fee schedule in part 25 because the statutory authority for imposing fees requires that it be done by formal regulation.
Robert B. Minogue, Director Office of Nuclear Regulatory Research
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RMinogue ;
Dross i FGillespie MErnst JNorberg PTing JMalaro STurel STurel/rdg HFSG/subj MEMORANDUM FOR: William J. Dircks HFSG/rdg i Executive Director for Operations Circ l Chron 1 FROM: Robert 8. 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 Authorization l g<,r for Licensee Personnel" (10 CFR Part 25, sponsored by ADM), RES recommends that this rulemaking effort should be terminated. ADM concurs in this
.,.- recommendation. The basis for our recommendation is as follows:
' 74
! This proposed rulemaking would have amended 10 CFR Part 25 by rescinding.'the
> j!P requirements to publish on an annual basis revised access authorization fees for
- & NRC clearances in the Federal Register. Instead NRC would have notified affected licensees and others of revised fees by way of letter. Such a system Jf.
C would have been more efficient for the NRC while continuing to ensure that all i
licensees become aware of new fee charges simultaneously and in an orderly fashion.
- However, when RIRB requested that ADM ask ELD whether there would be a problem in not publishing the fee table annually, ELD determined that it will be i
necessary for ADM to continue publishing the fee schedule in part 25 because the statutory authority for imposing fees requires that it be done by formal regulation.
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Robert B. Minogue, Director Office of Nuclear Regulatory Research g.
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g&S INDEFENDENT REVIEW 1764 ooie ROUTING AND TRANSMITTAL SUP MAY 131985 TEk Narne, oAlce symbef. reem member, initsels Date Agency / Post)
- 3. W. M. Morrison, Member, RIRB 3, K. R. Goller, Member, RIRB i
g G. A. Arlotto, flember, RIRB 4.
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- y. Action File Note and Retum maprent per cieerene. -
per con w rnete n as u- ^: _ For correction roepero neph Circulate For Your information See Ide Signature
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Jones asunRus g di A %Arg fg(PaSCAC We are at step III.C.2, "RIR3 deliberations," of the i RES independent review procedures for the attached specific ongoing rulemaking sponsored by A/4155 l ~
Please evaluate the . attached dra'ft independent review package and provide RAl1RB with your voting sheet '
indicating your position on the rulemaking. e Your response by c.o.b. U will assist in RES' making inaepenacnt recommendations to the EDO in a timely manner.
DO NOT use this term as a RECORD of approvels, eencunences, esposals, steerences, and aimeter accens MIoIL m erg. symeel, Agency / Post) Room No.--Sids RN1RB staff enen. No.
443-7885 sesi-se orreoNAL renas 41 (nev. 7-76)
, e em sin o - us.u. um
- M8-81
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RES INDEPENDENT REVIEW BOARD VOTING SHEET T0: F. P. GILLESPIE, CHAIRMAN, RIRB l l
FROM: G. A. Arlotto, Member, RIRB TITLE OF RULEMAKING: Adjustment to Fee Schedule Publication (Part 25)
AGREE WITH DRAFT RES REQUEST RIRB h INDEPENDENT RECOMMENDATIONS IN DRAFT INDEPENDENT REVIEW MEETING.
PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
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MEMBER, RIRB
- DATE
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RES INDEPENDENT REVIEW BOARD VOTING SHEET T0: F. P. GILLESPIE CHAIRMAN, RIRB FROM: W. M. Morrison, Member, RIRB TITLE OF RULEMAKING: Adjustment to Fee SIdule Publication (Part 25)
AGREE WITH DRAFT RES REQUEST RIRB INDEPENDENT RECOMMENDATIONS MEETING.
IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
Straight approval.
M MEPSER, RIRB
.. 5/i7/W DATE
RES INDEPENDENT REVIEL' BOARD VOTING S'HEET T0: F. P. GILLESPIE, CHAIRMAN, RIRB FROM: K. R. Goller, Member, RIRB TITLE OF RULEMAKING: Adjustment to Fee Schedule Publication (Part 25) j AGREE WITH DRAFT RES v RE0 VEST RIRB V INDEPENDENT RECOMMENDATIONS A MEETING.
IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
4 COMMENTS AND SUGGESTIONS:
The only reason for this change is the claimed greater efficiency (lower cost) of annual letters vs. annual rulemaking, estimated to be a $13,200 per year saving. I am very skeptical of the cost estimates upon which this estimated saving is based. Furthermore, nothing is presented in the analysis about the legality of not publishing the NRC's access authorization fee in some way (rulemaking or otherwise) vs. advising only selected licensees by 4
correspondence. I can think of at least two alternative approaches to the problem that are not considered in the analysis. First, accomplish the annual rule change to change the access authorization fee using a " fast track" procedure similar to that used to make the annual changes to incorporate ASME Boiler Code changes into 10 CFR 50, Appendices G & H.
This should not take 250 man hours every year. Secondly, delete the requirement for the annual update as part of the next annual update.
KMR4 MEMBER, RIRB f/20/W DATE l
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DRAFT RES INDEPENDENT REVIEW PACKAGE i
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DISTRIBUTION:
RMinogue Dross FGillespie MErnst JNorberg PTing STurel STurel/rdg MEM00.A@U!' FOR: William J. Dircks HFSG/subj En.cutive Dirut er fcr 0;rer6tinrs HFSG/rdg Circ FROM: Robert B. Minogue Director Chron 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 Authorization for Licen:2: P.?rsn.ncl" (le CFR Part 25, sponsorec' by A7'.), FES reemvds thn this rulen.ning effort should continiuc. The basis for our recomendation is as follows:
This proposed rulemaking will amend 10 CFR Part 25 by recinding the requirements to publish on an annual basis revised access authorization fees for NRC clearances in the Federal Register. The proposed rule will allow NRC to notify affected licensees and others of revised fees by way of letter. Such a system is m:re efficient for the NRC and would still continue to ensure that all licensees become aware of new fee charges simultaneously and in an orderly fashion.
It is judged that this rulemaking will have no icipact uoon the general public sines those rulemaking activities apply only to those licensees and others who need to use, process, store, reproduce or otherwise handle classified informstion. Approximately 12 NRC licenseas will be slightly affected insofer as these amendments will change the means of notifying them about revised access auth3rization fees for NRC clearances by letter instead through the Federal Register. The proposed rule will result in savings to NRC of $13,200 per year.
The scheduling for this rulemaking was analyzed and judged to be overly optimistic since the final rule is scheduled to be published in July 1955 and there was no rulemaking package as is currently proposed for publication in the Federel Register included in tha independent review p?ck1gc.
The Director of AD". ree wa:nds that this rulemaking continun.
The com lete RES independent review package has been sent to OEDO (Attn:
DEDROGR and to the Director, ADM.
Robert B. Minogue, Director Office of Nuclear Regulatorf Research
- SEE PREVIOUS CONCURRENCES . . _
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- HFSGB:DRA *HFSGB:DRA *HFSGB:DRA D: [0 -
A DD:RES D:RES STurel:ce PTing JNorberg M st G , espie Dross RMincgue 5/06 /85 5/06/85 _ 5/06/85 / 5 . 5/. C5 . _5/._/85 _ _5/~ /85-nerie. e i F r ( A:- (" O :-q .
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, ./", "' * ;W,,?'g NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20555
....+ APR 111985 M#
MEMORANDUM FOR: J. A. Norberg, Chief Human Factors and Safeguards Branch, DRA0 FROM: Frank P. Gillespie, Chairman RES Independent Review Board
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW 0F ONG0ING RULEMAKING Enclosed is a rulemaking RES independent review. (review package Enclosure 1) received from a sponsoring office for In accordance with procedures approved by the ED0 on May 30,1984, the rule-making review package is assigned to your branch for action. (Enclosure 2).
The ED0-approved procedures allow a total of 20 working days for completing the RES independent review. To assist RES in completing its independent review in a timely manner, please submit the draft independent review package for this specific rulemaking to RAMRB by 7 working days from the date of this memorandum.
Frank P. Gillespie, Chairman RES Independent Review Board
Enclosures:
- 1. Adjustment to Fee Schedule (Part 25)
- 2. Procedures for Conducting RES Independent Review of Rulemakings
O RULEMAKING REVIEW PACKAGE RECEIVED FROM ADM i
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UNITED STATES
...'" .*, NUCLEAR REGULATORY COMMISSION 4 E o WASHINGTON, D. C. 20555 5( !
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(.....,/ APR 011985 l
MEMORANDUM FOR: William J. Dircks l Executive Director for Operations FROM: Patricia G. Norry, Director ,
Office of Administration !
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SUBJECT:
RECOSMENDATION TO PROCEED WITH RULEMAKING: DISCONTINUE
' THE ANNUAL PUBLICATION OF REVISED ACCESS AUTHORIZATION FEES CURRENTLY REQUIRED IN 10 CFR PART 25 4
In response to your memorandum of February 5,1985, subject: " Control of NRC l Rulemaking: Revision of the Schedule for EDO Approval of Rulemaking," I have enclosed pertinent infonnation which supports ugy reconenendation to proceed .
with a new rulemaking initiative.
NRC is currently reguired by 10 CFR Part 25, " Access Authorization for Licensee Personnel, to publish during July of each year, revised access authorization fees charged to licensees.
After consideration of this practice, the staff has concluded that fonnal
! rulemaking is not the most efficient means of notifying or immsing revised access authorization fees on affected licensees. Rather, suci notification can take the fann of formal correspondence directly to the licensees.
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However, in order to implement this measure a revision to 10 CFRI 25.17 is necessary to rescind the requirement of fee publication.
I view this rulemaking as a positive, efficient step in decreasing, to the fullest extent possible, unnecessary future rulemaking requirements. While fonnal, legal review of this idea has yet to be pursued, I am identifying I
to you at the earliest possible time, my intent to pursue this regulatory revision. I expect to publish a final rule by July 1985, which will rescind the requirement to publish revised fees in the Federal Register, and substi-l tute annual publication with a new, less time consuming means of notifying affected licensees.
If you have any questions, or need further information, please call Raymond J. Brady. Director Division of Security, on 49-24100.
(__ ' b l Patricia G. Norry, Di ector Office of Administratinn !
Enclosures:
i 1. Regulatory Agenda i 2. ADM Review of Proposed Rulemaking l
- 3. Preliminary Regulatory Analysis 4
_ . - _ _ _ . . _ . _ _ . - _ _ . , _ _ _ . . _ . _ _ _~._,...,_._,,____......_._m___.._,____,m...,,.______ . _ . . _ . _ . _ _ _ _ . _ ,
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k ENCLOSURE 1 TITLE:
Adjustment to Fee Schedule Publication CFR CITATION:
10 CFR Part 25 ABSTRACT:
The final rule revises the means by which licensees would be notified of access authorization fee changes. Currently,10 CFR 525.17 stipulates that revised fees will be published in the Federal Register during July of each year. Staff has concluded that this is not the most efficient method of notification. An alternative to Federal Register publication would be to notify affected licensees by letter, as the need arises.
TIMETABLE:
Final Rule 7/00/85 LEGAL AUTHORITY 42 USC 2201; 42 USC 2165; 42 USC 5841; 31 USC 9701 EFFECT ON SMALL BUSINESS AND OTHER ENTITIES: None l
AGENCY CONTACT:
Richard A. Dopp Office of Administration Washington, D. C. 20555 (301)492-4124 l
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,. . l ENCLOSURE 2 ADM REVIEW OF PROPOSED RULEMAKING ,
l The Office of Administration seeks approval to amend 10 CFR Part 25 " Access Authorization for Licensee Personnel," to revise the means by which licensees and others are notified of changes to access authorization fees charged by NRC. I ADM views this rulemaking as one which significantly improves the efficiency and effectiveness of our regulations.
ADM sees no alternatives to rulemaking that would be more effective and/or comit fewer resources.
This proposed final rulemaking will amend Part 25 by discontinuing the practice of publishing, on an annual basis, revised access authorization fees in the Federal Rerister. Our current annual publication of such fees merely reflects changes ' n costs charged to the NRC by OPM for background investiga-tions. The fee arrived at by NRC reflects this OPM charge, plus a 15%
administrative add-on charge. This formula has been very successful and has not been the subject of comment or concern by the licensees and others who must abide by the fee schedule. Since 1981, the fees have been published in the Federal Register as final rules. After further consideration, NRC-staff has now concluded that a more efficient means of notifying affected licensees and others of revised fees would be by way of letter. Such a system is more efficient for the NRC and would continue to ensure that all licensees become aware of the new charge simultaneously and in an orderly fashion.
A negligible effect is predicted for the general public since these rulemaking activities apply only to those licensees and others who need to use, process store, reproduce or otherwise handle classified information. NRC licensees and other interests (together totalling approximately 12) will be affected insofar as these amendments improve current regulatory procedures. ADM views these amendments as necessities.
l NRC staff resources should total approximately 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br />. ADM plans to j publish this as a final rule by July 1985.
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l ENCLOSURE 3 i
, l PRELIMINARY REGULATORY ANALYSIS i As a result of an infomal meeting held between representatives of ADM and Walter S. Schwink, DEDROGR/EDO, it was decided that a preliminary regulatory analysis for this rulemaking was not necessary since it was wholly ministerial in nature and has no appreciable or measurable effect on the licensee.
It should be noted, however, that this rulemaking does impact on the NRC in i a positive, economizing fashion, by discontinuing the practice of fonnally revising fees charged to licensees for access authorizations through the rulemaking process.
Currently,10 CFR 25.17 requires the publication of access authorization fees in July of each year. This practice of annual rulemaking requires approximately 250 staff hours each year. This annual publication of fees has occurred since 1981, and has never resulted in a comunent or criticism from those whom it affects. The staff has concluded that a more efficient
, means of notifying affected licensees would be through fomal correspondence, 1
rather than rulemaking.
ADM estimates that the generation of correspondence, on an annual basis, to approximately 12 licensees, would require about 30 hours3.472222e-4 days <br />0.00833 hours <br />4.960317e-5 weeks <br />1.1415e-5 months <br /> vs. the 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br /> currently expended each year on rulemaking.
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, Notification by Rulemaking (250 hrs. X $60) = $15,000
- Notification by Correspondence (30 hrs. X $60) = $1.800 Savings to NRC per year (220 X $60) = 13,200 f
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RES TASK LEADER EVALUATION AND RECOMMENDATION
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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 is currently proposed for publication in l the Federal Register was not included in the review package. l
- 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 was incomplete.
- e. A copy of the preliminary regulatory analysis was enclosed. The Comission paper and any CRGR package were not included.
- f. No sumary 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 Revies 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 comit fewer resources.
- d. Tiie issue to be addressed through the rulemaking is the emendment of 10 CFR Part 25 which would recend the requirement to publish on an l
annual basis, revised access authorization fees for NRC clearances in the Federal Register. A more efficient means of notifying affected licensees and others of revised fees would be by way of letter. This i approach seems sound.
- e. An evaluation of the impact to the public, industry, and the NRC by the proposed rule was performed and seems reasonable. There is expected to be no impact on the public and industry because the amendment of Part 25 is purely administrative in nature. The savings to NRC per year is estimated to be $13,200, t
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- f. The NRC Resources needed for this rulemaking and the scheduling were analyzed and judged to be optimistic since the final rule is scheduled to be published in July 1985 and there was no Commission paper or final rule enclosed in the package.
- 3) General Comments and Recommendations
- a. The need for this rulemaking which is to revise the means by which licensees and other are notified of access authorization fees charged by NRC 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.
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