ML20236N320
| ML20236N320 | |
| Person / Time | |
|---|---|
| Issue date: | 11/13/1997 |
| From: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bradshaw B NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20236N298 | List: |
| References | |
| FRN-63FR25156, RULE-PR-11, RULE-PR-25 AF90-2-002, AF90-2-2, NUDOCS 9807150086 | |
| Download: ML20236N320 (20) | |
Text
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AF90-2 arn PDR p
t UNITED STATES
- r j
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20566-0001 November 13, 1997 t
MEMORANDUM TO: Beth Bradshaw l
Division of Security Office of Administration FROM:
David L. Meyer, Chief /d 4-8%~
Rules and Directives Branch Division of Administrative Services Office of Administratica
SUBJECT:
REVIEW OF FINAL RULE PACKAGE, " ACCESS AUTHORIZATION FEE SCHEDULE FOR LICENSEE PERSONNEL" The Office of Administration concurs, subject to the comments provided, on the final rule package that revises the fee schedule for background investigations of license personnel who require access to National Security Information and/or Restricted Data and access to or control over Special Nuclear Material. Cur comments are marked on the attached copy of the final rule package. We have included a Daily Staff Notes page that snould be included in the final rule package.
When this document is forwarded for signature and publication, please have a member of your staff include a 3.5-inch diskette that contains a copy of the document in Wordperfect 6.1 as part of the transmittal package. The diskette will be forwarded to the Office of the Federal Register and the Govemment Printing Office for their use in typesetting the document.
We have forwarded a copy of the final rule to the information and Records Management Branch, Office of Information Resources Management, for their comment and concurrence conceming the paperwork management aspects of this rulemaking action. We have requested that they respond directly to you.
To assist you in preparing the list of documents centrally relevant to this final rule that is required by NRC's regulatory history procedures, you should place the designator "AF90-2"in the upper right-hand comer of each document conceming the rule that you forward to the Nuclear Documents System.
if you have any questions, please contact Betty K. Golden, 415-6863, or myself,415-7163.
Attachment:
As stated 9807150086 980706
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63 25156 -
b/O-PDR ia Og
AF90-2 PDR
. s vJVED 1
MEMORANDUM TO:
L. Joseph Callan Executive Director for OperationEd7 ll0V -6 PH 4: 47 FROM:
Edward L. Halman, Director Office of Administration RULES U US.WCH US NEC
SUBJECT:
AMENDMENT TO 10 CFR PARTS 11 AND 25, g 7,
REVISED FEE SCHEDULE
, c +-
Attached for your signature is a final rule to be published in the Federal Eeaister that amends 10 CFR Part 11, " Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material," and 10 CFR Part 25, " Access Authorization for Licensee Personnel" (Attachment A).
This rule is submitted under the June 13, 1991, authorization for recurring promulgation of revised fee schedules for 10 CFR Parts 11 and 25 (Attachment B).
Backaround:
The Office of Personnel Management (OPM) conducts access authorization background investigations for the NRC and sets the rate it charges the NRC for these investigations. 'On October 1, 1997, OPM changed the rates thac they charge the NRC.
( S4mee the fees that NRC charges its licensees for special nuclear b4C""
material access authorizations and personnel security clearances are dependent on the rates charged by OPM for conducting background investigations, the fee schedules in NRC regulations are being amended to reflect the OPM rate changes.
Q
Public Comments:- ~g M is amendment deals solely with agency j
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ractice and procedures of a minor and administrative nature.
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Previous-publications of this rule advised that, from time to N
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jf Cy time, the agelicy would publish revisions of the rule to
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I accommodate adjustments in the fee schedu_le..Since the public
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had the opportunity to comment on this aspect of Parts 11 and 25
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as a proposed rule, it is not considered that any further benefit i
would accrue from additional public comment at this time.
Under
}
the circumstances, for good cause, the notice and comment
/
provisions of the Administrative Procedure Act (APA) are unnecessary pursuant to 5 U.S.C. $553 (b) (B).
The amendment is I
effective upon publication in the Federal Reaister.
Notiggg:
A notice to the Commission that th_e_EDO has signed this rule is attached for inclusion in the next Daily Staff Notes (Attachment C).
Congressional Committees will.got be notified.
ja: Offim vi Alm nin m ien '= wil-knetify p fected licensees and other interested persons of this rulemaking initiative.
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Insert A Because these are amendments dealing with agency practice and procedure, the notice and comment provisions of the Administrative' Procedure Act do not apply pursuant to 5 U.S.C.
552(b)(A). The amendments are effective upon publication in the Federal Register. Good cause exists to dispense with the usual 30-day delay in the effective date because the amendments are of a minor and administrative nature dealing with rate changes to the NRC fee schedules.
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i L. Joseph Callan )
Coordination:
The Offices of Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, and Nuclear Regulatory Research, and the Division of Administrative Services, ADM, concur in this amendment.
The Office of the General Counsel has no legal objection.
Attachments:
A.
Federal Reaister Notice of Final Rulemaking B.
June 13, 1991, EDO Approval of Recurring Promulgation of Rule C.
Draft Daily Staff Notes Item i
i DISTRIBUTION:
MC:
None E.
L. Halman, D/ADM P. G. Norry, DEDM H. T. Bell, OIG D.
F. Hassell, OGC D.
L. Meyer, ADM/DAS l
J. W. Roe, NRR l
E. Q. Ten Eyck, NMSS M. R. Knapp, RES l
EDO R/F SCF:
LRD 3.00.05 LRD 3.00.09 D/DFS R/F PERSEC/DFS PERSEC/DFS D/DFS NRR BBradshaw JJDunleavy RJBrady JWRoe 10/
/97 10/
/97 10/
/97 10/
/97 l
IRM NMSS RES OGC ADM/DAS FPGoldberg LQTen Eyck MRKnapp DFHassell DLMeyer l
10/
/97 10/
/97 10/
/97 10/
/97 10/
/97 D/ADM DEDM l
ELHalman PGNorry l
10/
/97 10/
/97 L
j
i Anoroved for Publication The Commission delegated to the EDO (10 CFR 1.31(a) (3)') the authority to develop and promulgate rules as defined in the APA o
(5 U.S.C. 551(4)j)' subject to the limitations in NRC Management
/
Directive 9.17, Organization and Functions, Office of the Executive Director for Operations.
Theattachedruledentitled"AccessAuthorizationFeeSchedule amend Parts 11 and 25 by changing for Licensee Personnel,"
6 the fee NRC charges its licensees for background investigations that are used to determine eligibility for a special nuclear material access authorization or personnel security clearance for i
I access to Restricted Data or National Security Information.
This final rule does not constitute a significant question of
]
policy, nor does it amend regulations contained in 10 CFR Parts i
7, 8,
or 9 Subpart C concerning matters of policy.
I therefere ->-
r find that this rule is within the scope of my rulemaking l
authority and am proceeding to issue it.
]
i Date L. Joseph Callan, xecutive Director gpfor Operations s
e 1
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Daily Staff Notes Office of Administration Final Rule Sioned by the EDO On
.1997, the Executive Director for Operations approved a final rule that revises the fee scheoule for background investigations of licensee personnel who require access to National Security Information and/or Restricted Data and access to or control over Special Nuclear Material.
This notice informs the Commission that in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this final rule and proposes to forward it on to the Office of the Federal Register for publication, unless otherwise directed by the l
Commission.
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 R\\M 31so-AF90 Access Authorization Fee Schedule l
for Licensee Personnel AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its regulations to revise the fee schedule for background investigations of licensee personnel who require access to National Security Information and/or Restricted Data and access to or control over Special Nuclear Material.
These amendments M
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comply with current regulations that provide tha$gNRC will publish fee adjustments upon notifications of any changes in the rate charged the NRC by the Office of Personnel Management (OPM) i for conducting investigations.
EFFECTIVE DATE:
(Upon publication in the Federal Recister).
FOR FURTHER INFORMATION CONTACT:- Beth Bradshaw, Division of f
Facilities and Security, Office of Administration, U.
S. Nucleer
,ocol Regulatory Commission, Washington, DC 2055%, telephone (301) 415-6540, or by Internet electronic mail at MBBl@NRC. GOV.
SUPPLEMENTARY INFORMATION:
The OPM conducts access authorization background investigations for the NRC and sets the rates charged for these investigations.
Effective October 1, 1997, OPM changed the rates it charges NRC for conducting access authorization background investigations.
Because the fees that NRC charges its licensees for special nuclear material access authorizations and personnel security clearances are determined by the rates charged by OPM for conducting the background investigations, the fee schedules'in NRC regulations must be amended to reflect the OPM 9
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rate changes. gNRC is passing these rate changes toplicensees.
These revisions comply with current regulations that provide that NRC will publish fee adjustments upon notification of any changes in the rates charged the NRC by OPM for conducting the investigations.
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is amendment deals solely with agency practice and procedures N
of a minor and administrative nature.
Previous publications of this rule advised that, from time to time, the agency would
)
publish revisions of the rule to accommodate adjustments in the fee schedule.
Since the public had the opportunity to comment on j
f this aspect of Parts 11 and 25 as a proposed rule, it,is not considered that any further benefit would accrue from additional public comment at this time.
Under the circumstances, the NRC, for good cause, finds that the notice and comment provisions of the Administrative Procedure Act are unnecessary pursuant to 5 U.S.C. 5553 (b) (B).
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Insert B i
Because these are amendments dealing with agency practice and procedure, the notice l
l and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C.
552(b)(A). The amendments are effective upon publication in the Federal Register. Good cause exists to dispense with the usual 30-day delay in the effective date because the amendments are of a minorand administrative nature dealing with rate changes to the NRC fee schedules.
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I Environmental Impact:
Categorical Exclusion FPTheuRChasdeterminedthatchiefine1ru1eisthetypeofection i
describedincategoricalexclusion10CFR51.2z]c(J1). Therefore, I
neither an environmental impact. statement nor an environmental assessment has been prepared for this final rule.
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Paperwork Reduction Act Statement ffThisfinalruledoesnotcontainaneworamendedinformation collection requirement subject to the Paperwork Reduction Act of
\\M S
-2980 (44 U.S.C.
3501 et seq).
Existing requirements were approved by the office of Management and Budget, approval numbers 3150-0046 and 3150-0062.
ht1\\N t., iGSf E j
Regulatory Analysis h3k(CL
{fTheuvami.ienhasprepareda-regulatoryanalysisonthisfinal regulation.
The analysis examines the costs and benefits of the alternatives considered by the Commission.
The analysis is available for inspection in the NRC Public Document Room, 2120 L Street, NW (lower level), Washington, DC.
Single copies of the 4
analysis may be obtained from Beth Bradshaw, Division of.
l Facilities and Security, Office of Administration, U. S. Nuclear Regulatory Commission, Washington, DC 2055 telephone: (301) 415-6540.
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insert C l
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a f collection of information unless it displays a currently valid OMB control number.
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Backfit Analysis MN The Cv l ruva has determined that the backfit ruler-10 CTE R
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[M.1^% does not apply to this final rule and4 h,3<4.
4-a backfit analysis is not required because this-amendment 5 not h0N involve any provisions e.. 2. would impose backfits as defined in 10 CFR 95v..Lui(o)'(1}. D O h 6 0
$NSEP T O h&
List of Subjects 10 CFR Part 11 kHazardousmaterials-transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material.
@Classifiedinformation,Criminalpenalties, Investigations, j
Reporting and recordkeeping requirements, Security measures..
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, asamendedjtheEnergy l
Reorganization Act of 1974, asamended]and5U.S.C. 552 and 553, I
l the NRC is adopting the following amendments to 10 CFR Parts 11 and 25.
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insert D.
1 Small Business Regulatory Enforcement Faimess Act in accordance with the Small Business Regulatory Enforcement Faimess Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB.
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PART 11 - CRITERIA-AND PROCEDURES FOR DETERMINING ELIGIBILITY 1
FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL P
1.
The authority citation for Part 11 continues to read as follows:
i AUTHORITY:-'Sec. 161, 68 Stat. 948, as amended (42 U.S.C.
2201);
5841).gSection l
l sec. 201, 88 Stat. 1242,.as amended (42 U.S.C.
11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C.
483a).
2.In511.15 paragraph (e81) is revised to read as follows:
S 11.15 Application for special nuclear material access authorization.
, T(e) (1).Each application for special nuclear material access l
authorization, renewal, or change in level must be accompanied by the licensee's remittance, payable to the U.S. Nuclear Regulatory Commission, according to the following schedule:
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NRC-U requiring. full field investigation
$3,275
.11.
$RC-U requiring full field investigation (expedited 5
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$3,800 processing) 111.
(RC-U based on certification of comparable full field b ckground investigation sgo
-9 p,
iv.
NRC-U or R renewal.
1$75 l
(d v.
C-R.
2$75 vi.
NRC-R based on certification of comparable investigation.
2go
~N 1 If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $3,275 will be assessed prior to the conduct of the investigation.
If the NRC determines, based on its review of available data,
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2 that a National AgencygCheck and Credit investigation is necessary, a fee of $75.00 will be assessed prior to the conduct of the investigation; however, if a full field investigation is deemed necessary by the NRC, based on its review of available data, a fee of $3,275 will be assessed prior to the conduct of the investigation.
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PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 3.
The authority citation for Part 25 continues to read as 6
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AUTHORITY:
Secs. 145, 161, 68 Stat. 942, 948, as amended (42 U.S.C.
2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 i
U.S.C.
5841); E.O.
10865, as amended, 3 CFR 1959-1963 Qompd, 63 W B D o p.
J 47 FR gy 6 74a / Ape j
19356 3 398 (50 U.S.C.
401, note); E.O.
1:22^
O..7, 2002 Crr;., p_
"'a?
.E.n.
$ar;;,, ven, Ayya comp., p. JJJ; z.v.
usou, a u.,,
4ww cc:;., v. nu i
i Appendix A also issued under 96 Stat. 1051 (31 U.S.C.
9701).
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4.
Appendix A to Part 25 is revised to read as follows:
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. APPENDIX A TO PART 25 -. FEES FOR NRC ACCESS AUTHORIZATION Category Fee Initial "L" Access Authorization 2$75 Reinstatement'of "L" Access Authorization..
2$75 b ""
Extension or Transfer of "L" Access Authorizatica.
1$75 Initial ~"Q" Access Authorization
$3,275 Initial "Q" Access Authorization (expedited Processing)
$3,800 Reinstatement of "Q" Access Authorization.
2$3,275 Reinstatement of "Q" Access Authorization (expedited l
?
processing) 2$3,800 Extension or Transfer of "Q" 2$3,275
-Extension.or Transfer of "Q" (expedited processing) 2$3,800 Ir 8
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Ct (00 O Ok #
$V l
1 If the NRC determines, based on its review of available l
l data, that a full field investigation is necessary, a fee of 1
l
$3,275 will be assessed prior to the conduct of the l
I investigation.
2 Ful.1 fee will only be charged if investigation is required.
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DatedatRockville,Marylangthis day
,1997.
For the Nuclear Regulatory Commission.
L. Joseph Callana Executive Director for Operations.
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l REGULATORY ANALYSIS L
1.
Statement of Problem k N ^^#-
l Effective October 1, 1997, the Office of Personnel Management (OPM)' changed the rates'it charges NRC to conduct access authorization background investigations.
einee-fhe fee that NRC charges its licensees for special nuclear material access authorizations and personnel security clearances is dependent
.on the. background investigation rates charged by OPM, the.NRC regulations containing the fee schedule, 10 CFR Parts 11 and 25,.must be amended to reflect the rate changes.
Otherwise, NRC would be subsidizing licensee applications for special.
nuclear material access authorization and personnel security L
clearances.
i 2.
Obiective The objective of this regulatory initiative is to-inform licensees and other nongovernmental bodies of OPM's rate changes for the conduct of background investigations.
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3.
Alternatives There is no reasonable alternative to the revision of these regulations that would achieve the desired result.
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Consequences There are approximately 20 affected entities licensed by the i
NRC.
Each licensee who uses, processes, stores, transmits, 1
or delivers to a carrier for transport, formula quantities of special nuclear material must have their personnel. granted special nuclear material access authorizations under Part 11 by NRC.
In addition, each. licensee who needs access to L
National Security-Information or Restricted Data to conduct-
)
official NRC business must have a personnel security clearance granted to them under Part 25.
Each application for special nu' clear material access authorization or a personnel security clearance must be accompanied by the licensee's remittance payable to NRC.
p..m s._
OPM is changing the rates they charge for background investigations, 'IRC is passing the rate changes on to the licensees.
The changes in cost to the licensees will not have an impact on either NRC programs or requirements at these facilities.
5.-
Decision Rationale The only available method of imposing this requirement on selected licensees is to revise 10 CFR Parts 11 and 25.
Other avenues would lack the requisite formality and legality-necessary to require all affected NRC licensees to
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l adhere to the changes in fees required for background
-investigations.
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Implementation The Division of Facilities and Security intends to publish the[inal ule amending 10.CFR Parts 11 and 25 by l
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