ML20207T063

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Requests Approval for Initiation of Rulemaking Amending 10CFR73 to Add New Section 73.57, Requirements for Criminal History Checks of Individuals W/Unescorted Access to Nuclear Power Plants. Supporting Documentation Encl
ML20207T063
Person / Time
Issue date: 07/08/1986
From: Jennifer Davis
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML19310E127 List:
References
FRN-51FR40438, RULE-PR-73 AC27-2-16, NUDOCS 8703230144
Download: ML20207T063 (1)


Text

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  1. o, UNITED STATES

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' ij NUCLEAR REGULATORY COMMISSION W ASHINGTON, 0. C. 20555 s

% .....* AR.08 E MEMORANDJi FOR: Victor Stello, Jr.

Executive Director for Operations FRGt: John G. Davis, Director Office of Nuclear Material Safety and Safeguards

SUBJECT:

EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)

APPROVAL FOR RULEMAKING This memorandum requests your approval for initiation of a rulenaking amending 10 CFR Part 73 to add a new Section 73.57, " Requirements for Criminal History Checks of Individuals with Unescorted Access to Nuclear Power Plants."

This proposed regulation is responsive to legislation pending in the House of Representatives (H.R. 3330) which upon passage will permit power reactor licensees access to criminal history data maintained by the Federal Bureau of Investigation (FBI) for the purpose of employee screening. The legislation requires the NRC to issue regulations controlling the use of the criminal history data received by its licensees as a result of the legislation.

The bill passed the Senate in 1985 and is expected to pass the House in 1986.

In preparation for its passage, the staff requests your approval to initiate rule development. This action is consistent with a staff requirements memorandum (SRM) dated June 13, 1986 on this same subject (Enclosure 1).

To assist pu in your review / approval, enclosed are: a draft regulatory agenda entry (Enclosure 2), the results of the Office of Nuclear Material Safety and Safeguards evaluation of rulemaking (Enclosure 3), a draft regulatory analysis (Enclosure 4), and a copy of the legislation (Enclosure 5).

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  • ohn G. Davis, Director Office of Nuclear Material Safety and Safeguards

Enclosures:

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1. SRM dtd 6/M/86
2. Reg. agenda entry
3. MSS evaluation 4 Reg analysis
5. Legislation (H.R. 3330) 8703230144 870318 PDR PR 73 51FR40438 PDR

ACTION - Davis '

-[' %'t, UNITED STATES NUCLEAR REGULATORY COMMISSION Cys: Stello f , g R2e

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'...+ June 13, 1986 Minogue encE or twE GCunninaham SECRETARY COMLZ-86-6 Norry Philips MEMORANDUM FOR: Victor Stello, Jr. -

Executive Director for rations FROM: Samuel J. Chilk, Secretpj

SUBJECT:

INITIATION OF RULEMAKINF (0RK IN ANTICIPATION OF THE ENA MENT OF S. 274, THE NUCLEAR POWER PLANI SECURITY AND ANTI-TERRORISM ACT A majority of the Commission directs the staff to begin work on a proposed implementing rule that would implement S. 274 "The Nuclear Power Plant Security and Anti-Terrorism Act" as soon as possible after the date of enactment.

(SECY SUSPENSE:

EtBEF (NMSS) 9/5/86)

Commissioner Asselstine did not participate in the vote.

cc: Chairman Palladino Commissioner Roberts Commissioner Asslestine Commissioner Bernthal Commissioner Zech OGC ELD

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~,~,,qg Rec'd Off. EDO Date ...- i.

ENCLOSURE 1

TITLE: REQUIREMENTS FOR CRIMINAL HISTORY CHECKS OF INDIVIDUALS WITH UNESCORTED ACCESS TO NUCLEAR POWER REACTORS.

CFR CITATION: .

10 CFR 73 ABSTRACT: .

Legislation-pending in Congress, entitled, "The Nuclear Power Plant Security and Anti-Terrorism Act of 1985" (S.274/H.R. 3330) requires the NRC to issue regulations for the control and use of FBI criminal 2

history data resulting from fingerprinting checks of power plant employees. Access to this data is granted by the legislation. The legislation states that the Commission must issue regulations to (I) implement. procedures for the taking of fingerprints, (2) establish conditions for the use of the criminal history data to include limits on dissemination and assurance that the information is used solely for its intended purpose, and (3) provide individuals subject to fingerprinting the right to complete and correct information contained in their criminal history. records prior to any final adverse action.

S.274 passed the Senate in 1985. It is anticipated that the companion House bill, H.R. 3330 will pass in 1986. Licensees can not have access to the FBI criminal history data provided by the legislation until NRC has established regulations for the control and use of the data.

The proposed rulemaking parallels the provisions of the proposed legislation which outlines the issues requiring NRC regulation. Since rulemaking is required by the proposed legislation, no alternatives to rulemaking are available.

The public will be better served because a complete, nationwide criminal history check of individuals with unescorted access to power reactors will be conducted. Such action would better assure that individuals with criminal histories impacting upon their reliability and trustworthiness are not permitted unescorted access to sensitive areas of the plant. Industry burden will be reduced by this l

legislation and associated regulation because enactment will permit access to the nationwide criminal history data maintained by the FBI.

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Licensees presently conduct criminal history checks through such limited resources as local court records. This is manpower intensive and costly. Anticipated cost of the FBI criminal history check is

- $15/ check. Licensees will be required to submit revisions to their physical security plans documenting how they will comply with the

!. provisions of the regulation. Impact on the NRC is in the area of review of licensee security plan amendments and is expected to be minimal.

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l ENCLOSURE 2

TIMETABLE:

6/30/86 Proposed Rule for Division Review 7/30/86 Office Concurrence on Proposed Rule Completed 8/00/86 Proposed Rule Package to ED0/CRGR TBD Proposed Rule Published TI'D Final Rule Published (Final Action)

LEGAL AUTHORITY:

42 U.S.C. 2201 (i), 42 U.S.C. 5841 EFFECTS ON SKALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:

Kristina I. Jamgochian Office of Nuclear Material Safety & Safeguards Washington, D.C. 20555 (301) 427-4754 4

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EVALUATION OF RULEMAKING TITLE: REQUIREMENTS FOR CRIMINAL HISTORY CHECKS OF INDIVIDUALS WITH UNESCORTED ACCESS TO NUCLEAR POWER REACTORS. .

1. The issues to be addressed.

Legislation pending in Congress, entitled, "The Nuclear Power Plant Security and Anti-Terrorism Act of 1985" (5.274/H.R. 3330) requires the NRC to issue regulations for the control and use of FBI criminal _. _ _ .

history data resulting from fingerprinting checks of power plant employees. Access to this data is granted by the legislation. The legislation states that the Commission must issue regulations to (1) implement procedures for the taking of fingerprints, (2) establish conditions for the use of the criminal history data to include limits on dissemination and assurance that the information is used solely for its intended purpose, and (3) provide individuals subject to fingerprinting the right to complete and correct information contained in their criminal history records prior to any final adverse action.

2. The necessity and urgency of addressing this issue.

S.274 passed the Senate in 1985. It is anticipated that the companion House bill, H.R. 3330 will pass in 1986. Licensees cannot have access to the FBI criminal history data provided by the legislation until NRC has established regulations for the control and use of the data.

3. Alternatives to rulemaking.

Rulemaking is required by the proposed legislation. No al'ernatives t

to rulemaking are available.

4. How issue is handled by rulemaking.

The proposed rulemaking parallels the provisions of the proposed legislation which outline the issues requiring NRC regulation.

ENCLOSURE 3

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5. Impact to the public, industry, and NRC.

The public will be better served because a complete, nationwide criminal history check of individuals with unescorted access to power reactors will be conducted. Such action would better assure that individuals with criminal histories impacting upon their reliability and trustworthiness are not permitted unescorted access to sensitive areas of the plant. Industry burden will be reduced by this legislation and associated regulation because enactment will permit access to the nationwide criminal history data maintained by the FBI.

Licensees presently conduct criminal history checks through such limited resources as local court records. This is manpower intensive and costly. Anticipated cost of .the FBI criminal history check is

$15/ check. Licensees will be required to submit revisions to their I physical security plans documenting how they will comply with the provisions of the regulation. Impact on the NRC is in the area of review of licensee security plan amendments and is expected to be minimal.

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6. Schedule Proposed Rule for Division Review
  • 6/30/86 Office Concurrence on Proposed Rule Completed 7/30/86 Proposed Rule Package to ED0/CRGR 8/00/86 Proposed Rule Published TBD Final Rule Published (Final Actiori TBD 2

' jut .2 EE6 REGULATORY ANALYSIS REQUIREMENTS FOR CRIMINAL HISTORY CHECKS OF INDIVIDUALS WITH UNESCORTED ACCESS TO NUCLEAR POWER PLANTS 10 CFR PART 73

1. ACTION - PROPOSED RULE 1.1 Description The Commission proposes to add a new requirement,10 CFR 73.57, for the control and use of criminal history data received from the Federal Bureau of Investigation as part of Federally-mandated criminal history checks of individ-uals with unescorted access to nuclear power plants.

1.2 Need for the Rule The Nuclear Power Plant Security and Anti-Terrorism Act of 1985 (S.274/

H.R.3330) requires nuclear power plant licensees to conduct criminal history checks of individuals with unescorted facility access through the use of Federal Bureau of Investigation (FBI) criminal history data. This dats is made available to the private sector only through state or Federal law. The aforementioned legislation requires the NRC to issue regulations to establish conditions for the use and control of the criminal history data received from the FBI. These conditions include limits on dissemination, assurance that the information is used solely for its intended purpose, and prevision that indi-viduals subject to fingerprinting are provided the right to complete and correct information in their criminal history records prior to any final adverse action. It is important that individuals granted unescort'ed access to sensitive areas within the reactor facility be subject to FBI criminal history checks to help assure that these individuals do not have a criminal history bearing upon their personal trustworthiness and reliability.

07/03/86 1 REGU ANALYSIS 10 CFR 73 ENCLOSURE 4

2. IMPACT ON THE NRC 2.1 Developmental Impact NRC anticipates no significant developmental cost resulting from this pro-posed rule. -

2.2 Implementation Impact l

The impact on NRC implementation will occur in the area of licensing review of the licensee's security plan for existing sites. New sites are required () submit security plans and, therefore, no additional costs are associated with new sites. .

Implementation cost to the NRC is estimated to be:

Licensing Review and Approval of Security Plan (assuming 7 staff-days /

security plan x 61* plans x $480/ staff day)

Cost Per Plan Review $ 3.4K Total Implementation Review Costs $205.0K 2.3 Operational Imoact NRC anticipates no significant operational cost resulting from this rule.

3. IMPACT ON INDUSTRY 3.1 Industry Implementation The impact on industry implementation will occur in the area of amending security plans for licensing review and cost of fingerprint submittal to the FBI for the criminal records : heck. Storage of each individual's criminal history record documentation file is considered negligible.

^1nformation obtained from NUREG-0020, Vol. G, No. 4, April 1985, Licensed Operating Reactors, Status Summary Report.

07/03/86 2 REGU ANALYSIS 10 CFR 73 mm .  : sn

Implementation cost to the industry is estimated to be:

Amendments to Security Plans (Assuming 7 staff-days / security plan x 61 sites x $480/ staff day)

Total Plan Amendment Cost $ 205.0K Criminal History Request to the FBI (1500 checks x $15.00/ check x 61 sites) $1372.5K Total Industry Implementation Cost $1577.5K 3.2 Industry Operation No significant additional operational cost is anticipated as a result of this proposed rule.

4. IMPACT ON OTHERS Although the proposed action will affect the FBI, the impact is judged to be minimal inasmuch as the estimated 11,000 checks per year represent a 0.18%

increase in the number of criminal history checks currently conducted by that agency.

5. STATUTORY CONSIDERATIONS 5.1 NRC Authority The Atomic Energy Act of 1954, as amended, Section 161(b) provides authority to the Commission to prescribe regulations described to protect the public health and minimize danger to life and property.

5.2 Need for Environmental Assessment This proposed rule is the type of action described in categorical exclusion 10 CFR 51.55(c)(3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this rule.

07/03/86 3 REGU ANALYSIS 10 CFR 73

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5.3 Relationship to Other Existing or Proposed Regulations or Policies There are no apparent potential conflicts or overlaps with other NRC

. regulations or policies nor with other agencies' regulations or policies.

i 5.4 Paperwork Considerations l

There will be no sufficient paperwork cost associated with this action.

07/03/86 4 RFGU ANALYSIS 10 CFR 73

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- 2 1 (2) the increasing threat of terrorism directed 2 against the United States is greatly enhanced by insid-3 3 er access to nuclear power facilities and nuclear mate-I

[ rial; and I 4 .

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5 (3) the Department of Justice should assist in y <

$ 6 screening persons who have access to nuclear facilities 6

j 7 and material, by providing criminal history record s

, J 8 checks.

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-E 9 NATIONAL SECURITY ACCESS 1

-b L 10 SEC. 3. (a) The Atomic Energy Act of 1954 (42 U.S.C.

11 2011 et seq.) is amended by adding after section 148 the I

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_-7 12 following new section: I y '

E 13 "SEC.149. FINGERPRINTING FOR SECURITY CLEAR-

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_! 14 ANCE.-  :.

15 "a. Every person in the process of being licensed or 32 k

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16 licensed pursuant to section 103 or 104b to operate a utiliza- i 17 tion facility shall require that each individual allowed unes- '. i a- & t.

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_-t- 18 corted access to the facility be fingerprinted. All fingerprints .$

= y ,T 19 obtained by a licensee as required in the preceding sentence 5l g,

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20 shall be submitted to the Attorney General of the United 1.

x y 21 States through a person or persons designated by the Com-Q p

22 mission in consultation with the Attorney General for identi- f 1

-Y - 23 fication and a criminni history records check. The cost [of j

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$ 24 any identification and record check conducted pursuant 1e .

to $y ,

o eg- 25 preceding sentence shall be paid by the licensee. Notwith-4

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26 standing any other provision of -law, the Attorney Ge'neral ,

el E $$ e* I =,

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O f, ' 3 I may provide all the results of the search to such person or ,

1... J J 2 persons designated by the Commission in conmltation with 3 the Attorney General.

4 "b. The Commission, by rule, may relieve persons from ,j t

5 the obligations imposed by this section, upon specified terms, ai 4l 6 conditions, and periods, if the Commission firds that such ',j 7 action is consistent with its responsibilities to promote the 1 5

8 common defense and security and to protect the health and 1 1

9 safety of the public.  ?

2 10 "c. For purposes of administering this section, the Com- ]

2 i

+ 11 mission shall prescribe regulations to- _-

, 12 "(1) implement procedures for the taking of, 13 fingerprints; i 14 "(2) establish the conditions for use of information j 15 received from the Attorney General in orcer to- j

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16 "(A) limit the redissemination of such infor-l mation; and - -

17 18 "(B) assure that such information is used e 3

S 19 solely for the purposes provided in this section; 20 and m

21 "(3) provide individuals subject to fingerprinting i i

l z 22 the right to complete and correct informa: ion contained j

23 in the criminal history records prior to any final ad-t 24 verse action.". j

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1 (b) The provisions of subsection a. of section 149 of the .

2 Atomic Energy Act of 1954, as added by this Act, shall take )

3 effect upon promulgation of regulations by the Commission as N@a 4 set forth in subsection c. of such section. Such regulations ^l' ,

5 shall be promulgated on or before January 1,1986. _

j 6 (c) The table of contents at the beginning of such Act is 7 amended by inserting after the item for section 148 the fol- -

8 lowing new i'.em:

"Sec.149. Fingerprinting for security clearance."

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SUMMARY

SHEET 10 CFR 73.57 Requirements For Criminal History Checks NRC is requesting OMB approval of 10 CFR 73.57, a proposed rule, that would require fingerprinting of individuals being granted unescorted access to protected or vital areas of a nuclear power plant and to individuals being granted access to Safeguards Information.

The burden for 10 CFR 73 will be increased by 31,208 hours0.00241 days <br />0.0578 hours <br />3.439153e-4 weeks <br />7.9144e-5 months <br /> annually when the rule is codified.

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U.S. NUCLEAR REGULATOR Y Commission ASSESSMENT OF PROPOSED INFORMATION COLLECTION.

TITLE OF INFORMATioN COLLECTION ReQuantM(mf DATE ReCElvED ffA Ace,#

6rt O'Connell 10 CFR 73.57, Requirements For ggg Criminal History Checks jrouonimogT,oygpotato,= evaw4ri=o r e sacroseoiwcaua r.om couectiow aeouiaewe=r en co.. , w ca nm ,,, no

1. The requirement is needed. He is the best means to achieve a necessary regulatory objective.1 X
2. The requirement has practical utility, i.e.. the NRC has the capability to use the information X in a timely
3. The schedule for imposing the requirement is reasonable.

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4. The requirement selected is the least burdensome method of achieving a necessary regulatory objective, y
5. The requirement does not duplicate or overlap requirements imposed by the NRC.
6. The requirement does not duplicate or overta.1 requirements imposed by other Government agencies. X
7. The method used to estimate the burden ir adequate.

5 S. The burden estimates are reasonable when compared with similar requirements previously submitted.

X 9 The method proposed for collecting or kaeping the information is consistent with s%nd X records

10. The records retention penod is sufficiently definitive and reasonable.

X

11. The requirement adecuately identifies the records to be maintained and the inforrr.iten to be reported.

X

12. NRC administrative support requirements are sufficient to manage the information collection.

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13. The information collection will not cause NRC to exceed its information Collection Budget.

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  • Contingent upon Congressional approval of plan to apply fees to budget.

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RIad instruttori thi>re comp!eting torm Do not use the same F Si Send three copies of this fortn. the material to be reviewed, anch t3 request both rn ExWutive Order 12291 rewew and aporoval ul' der paperwork-three copies of the supporting statement, to; th2 Paperwork $4 duction Act_

Answer all qu(stdas ist Park'f this request is for review w.de E.O. Office of Information and Replatory Af fairs 12291, complete Part il and shthe regula:ory certification.N! this Office of Management and Budget requ;st is for apornd under te.9pemmk Reduction Act and S CFR Attention: Docket LibrarW. Room 3201 1320. skip Part 11, cunplete Part('l ard m.ri tne paperwnrk certification. Washington, DC 20503 PART l.-Complete Tb1h ?art for All Requests.

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1 0ecartment/ agency ai c t3ureau oike q wn.it ry %est -

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1' U.S. Nuclear Regulatory Commission 3 0

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3. Name of person who can cest ansner cuestions rey;aro nd this request Teiepnor.e numoer Ji'istina Jamgcchian '
4. If e of information Col!ect'on or ru eataker'g -.J__

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( 301 2427-4754 l

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  • 10 CFR 73, Physical pro;ection of Plants and Materials 3  ;

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3; Legu authonty for .ntor y on coinection or ru se crite 9med&stes Coce. Pusuc Law. or Execur.ve Or&)

5. I f 42 uscE?$io) .or_ d.s j '
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\ L'4 6.'Affected pubhc (chechSt that apply) <

s C rederaiagenciesoremoiovees 1 $ individuals'or rouseho:ds '3 C Farms ,, i C Non-profitinstitutens 2 C Stateor khovernments 4 G Businesses or other tor.orofit 7 Smali businesses or orgamzatons PARTll.-Coditete This Part Only if the Request is for OMB Review Under Executive Order 12291

7. Regulation Ice tifier Number (RrN); g y _._ _ _ ~ __ _ ,~ _ . or. Nonh asigned , , 6 .

\i S. Type of suomission (cneck one on each category) x Type of renew requested

\ Alassi?lcation

  • Stage of development 1 0 $t~ a

, C Major 1 C Propostj or dratt 2 C ee -

/- 2 [ Nonmajo/ y . ,

2 C Finatorgienmfinal.withpnorproposal 3 C Emerp icy ,

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1 3 C Final cr intenm final, without pnor proposal 4 C Statutory or pdic:aldeadfine h 9. CFR section affecg 1 b4 CFR

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12,Does this regulation contain reporting or recordkeeping requw.' rents that require OMB approval under the Paperwork Reduct.on Act

- *' ' ' and 5 C'R 1320? .,. s . C Yes No

11. If a maior ru;e. f there a regulatory impact anaf[ sis attached?  % ' 1 C Yes 2 C No tf"No," did OMB waiw the anaiybs' 3 C Yes 4 C No Certification for Regulatory submissions '

in summitting this request for CMB .eview. the authonzed egulaton/ contact and the program officia1 certify that the requirements of E.O .2291 anf any app;icab:e pohcv directives have been compted with. ,

S gniture of program offic:ar Date 4

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S.gnature of autnonzeo reguiatery contact  ;

, j ., Date g .2. t0M8 use only) , -

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stanaare Fm m 83 Pe. 9 G N5N Mao 00 634-403a meebeo e, Cv8

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OMB Supporting Statement for Proposed Rule 10 CFR 73.57, .

Requirements.for Criminal History Checks Description of the Information Collection -

Section 606 of Public Law 99-399, "The Omnibus Diplomatic-Security and

- Anti-Terrorism Act of 1986," requires nuclear power reactor licenseer and

  • applicants to conduct criminal history checks through the_ use of FBI criminal history data on-individuals with unescorted facility sccess or access to Safeguards Information. Licensees will fingerprint each individual who will' be granted, by the licensee, unescorted access to the nuclear power facility or access- to Safeguards. Information. _ The fingerprints will then be forwarded through NRC to the Attorney General of the United States for processing by the

, Federal Bureau of Investigation (FBI). Prior to any adverse action, the'licen-see must make available to the individual the contents of records obtained from the FBI for the purpose of assuring correct and complete information. The licensee must also retain all fingerprint cards and criminal history data, if applicable, received from the FBI on an individual. If an individual' has no record, the FBI will indicate so on the back of the fingerprint card.

A. JUSTIFICATION

1. Need for the Collection of Information. Public Law 99-399 requires

, criminal history checks of individuals to be granted unescorted access to nuclear power facilities and access to Safeguaros Information and

requires the NRC to issue regulations to establish conditions for the-use and control of the data received from the FBI. 'The NRC is to issue-these regulations no later than six months after the date of the enact-4 ment of the law (signed by the President on August 27,1986).
2. Agency Use of Information. The NRC will receive fingerprint cards, i

review for. required data, record receipts in an automated tracking system and forward to the Attorney General. Fingerprint cards and dispositions (no record, record indicated, illegible prints) will be received;by '

NRC from the FBI and forwarded to the licensee. Once the licensse hasl l received the final disposition, NRC will delete the name of the in' d ivi-t dual from the NRC tracking system.

3. Reduction of Burden Thrcugh Information Technology. There are'no legal

, obstacles to reducing the burden through use of information technology; i- however, current technology does not allow for this option. The NRC will provide a sample form letter to be used by the licensee to trans-mit the fingerprint cards to the NRC.

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4. Effort to Identify Duplication. The form to be used, FD-258, is in wide use; however, an original FD-258 must be prepared and forwarded in order for the FBI to accomplish its search.

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a m 9' 5. Effort-to Use Similar Information. There is no similar information which can be substituted for the FD-258.

6. Effort to Reduce Small Business Burden. This information collection in does not affect small businesses.
7. Consequences of Less Frequent Collection. Information is collected on L an as-needed basis. '

J_ 8. Circumstances Which Justify Variation From OMB uG' idelines. There are no variations frem OMB gufdelines.

9. Consultations Outside the NRC. The FB-I and the Edison Electric Institute (EEI) have been contacted and discussions held.
10. Confidentiality of Information. The NRC will not retain the information. Licensees are prohibited from using the data except for the intended purpose of the NRC regulations and must establish protected files for the data. ,

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11. Justification for Sensitive Questions. There are no sensitive

, questions on the FD-258.

12. Estimated Annualized Cost to the Federal Government. All FD-258s will be processed twice, once when received from licensees and once when received back from the F31; Cards processed 400,000(initial) 40,000 (yearly)

Reprocessed (bad print, etc.) 80,000 (initial) 8,000 (yearly)

The estimated annual cost to the FBI (reimbursed) is

$13.00[(200,000e3)+20,000]=87,000 x $13.00 = $1,131,000/yr.

The NRC costs for the initial period (9 months) are as follows:

System development effort (2 months) $ 20,000 7 Data entry personnel

  • 157,500 1 Administrative person 18,000 1 Supervisor 30,000 1 PC/AT with software and hardware 6,000 7 Leased PCs 12,500 Courier service (to and from FBI) 6,000 1 SEC proj. monitor / administrator ,

30,000

.32 IE module development and inspection 11,500

.2 RM task order development and administration 8,600 TOTAL $300,100 License fee of $15/ card will be collected to reimburse NRC and the FBI

($13.00 for FBI and $2.00 for NRC = $400,000 for NRC) 1

,_n______-_--__-------------- - - - - - - - - - - - - - - - -

The annual costs which will take place after the initial start-up period are as follows:

.5 Contractor staff $15,200 Courier cost for daily runs to FBI ($30/ day x 250 days) 7,500 PC for data entry / tracking (previously purchased) NC 1 SEC proj. monitor / administrator 30,000

.2 Inspection 7,200

.02 RM for task admin. (42 hrs.) 900 TOTAL 560,800 Therefore the annual averaged cost for three years is-$160,833 *

(($300,100+(60,800x3)]+3].

Licensee fee of $15.00/ card will be collected to reimburse the NRC and the FBI ($13.00 for FBI and $2.00 for NRC = $40,000 for NRC per year).

13. Estimate of Burden.

Section Responses Hr./ Response Burden Hrs.

Reports 73.57(b)(1) 200,000 (initial) 1/3 67,000 20,000 (yearly) 1/3 6,700 Annual Burden 29,033

((67,000+(6,700x3 )}+3]

The annual averaged number of responses for three years is 86,666

((200,000+(20,000x3)]+3].

Recordkeeping

  • 73.57(e)(1) 8,700 1/4 2,175 Annual Burden 2,175 Total An'nual Burden 31,208 Hrs.
  • 10% of submittals will have records (per FBI).

((200,000.+ 20,000 x 3)] 4- 3 x .1]

14. Reason for Change in Burden. This is a new section being added to the existing 10 CFR 73 and to the burden hours associated with the clearance for 10 CFR 73.
15. Publication for Statistical Use. The data contained in FD-258 will not be published.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS This collection does not empicy statistical methods.

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._ [7590-01]

NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recnrdkeeping Requirements: Office of Management and Budget (OPB) Review l AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of the OMB review of information collection.

SUMMARY

The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provtsions of Paperwork Reduction Act (44 U.S.C. Chapter 35).
1. Type of submission, new, revision, or extension: Revision
2. The title of the information collection
10 CFR Part 73, Physical Protection of Plants and Materials: Requirements For Criminal History Checks, 10 CFR 73.57.
3. The form number if applicable: FD-258 l

l I 4. How often the collection is required: On cccasion

5. Who will be required or asked to report: Licensees requesting criminal history data on individuals requiring unescorted access to nuclear power plants or access to Safeguards Information.
6. An estimate of the number of responses: 86,666 1

[7590-01]-

l 7. An estimate of the total number of hours needed to complete the

. requirement or request: 31,208

8. An indication of whether Section 3504(h), Pub. L.96-511 applies:

Not applicable

9. Abstract: Section 606 of Public Law 99-399 "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986," requires criminal history checks of individuals who will be granted unescorted access to

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the nuclear power plant or access to Safeguards Information.

Copies of the submittal may be inspected or obtained for a fee from the NRC Public Document Room, 1717 H Street NW., Washington, DC 20555.

Comments and questions should be directed to the OMB reviewer Jefferson B. Hill, (202)395-7340.

The NRC Clearance Officer is R. Stephen Scott, (301)492-8585.

Dated at Bethesda, Maryland this day or 1986 For the Nuclear Regulatory Commission.

Patricia G. Norry, Director Office of Administration 2

[7590-01]

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7. An estimate of the total number of hours needed to ccmplete the requirement or request: 31,208 4
8. An indication of whether.Section 3504(h), Pub. L.96-511 applies:

Not applicable ,

9. Abstract: Section 606 of Public Law 99-399 "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986," requires criminal .

history checks of individuals who will be granted unescorted access to the nuclear power plant or access to Safeguards Information.

Copies of the submittal may be inspected or obtained for a fee from the NRC Public Document Room, 1717 H Street NW., Washington, DC 20555.

Comments and questions should be directed to the OMB reviewer Jefferson B. Hill, (202)395-7340.

y The NRC Clearance Officer is R. Stephen Scott, (301)492-8585.

Dated at Bethesda, Maryland this day or 1986 For the Nuclear Regulatory Commission.

Patricia G. Norry, Director Office of Administration q' / }

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