ML20236N370
| ML20236N370 | |
| Person / Time | |
|---|---|
| Issue date: | 11/26/1997 |
| From: | Brady R NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bell H, Halman E, Norry P NRC, NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF THE INSPECTOR GENERAL (OIG) |
| Shared Package | |
| ML20236N298 | List: |
| References | |
| FRN-63FR25156, RULE-PR-11, RULE-PR-25 AF90-2-004, AF90-2-4, NUDOCS 9807150104 | |
| Download: ML20236N370 (18) | |
Text
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AF90-2 l r*
PDR Novembsr 26, 1997 MEMORANDUM TO:
Distribution List FROM:
Raymond J. Brady, Director Division of Facilities and Security l
Office of Administration
SUBJECT:
AMENDMENT TO 10 CFR PARTS 11 AND 25, l
REVISED FEE SCHEDULE Attached for your review and concurrence is a final rule to be published in the Federal Register j
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 l
recurring promulgation of revised fee schedules for 10 CFR Parts 11 and 25 (Attachment B).
We are circulating this packege to all Offices concurrently to reduce the time required to complete the concurrence process. Please provide comments or concurrence by December 10, l
1997.
l If you have any questions, please contact Beth Bradshaw of my staff on 415-6540.
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Attachments: As stated Distnbution:
MC: Norm E. L Halman,9/ADM P. G. Norry, DEDM H. T. Bell, OlG EDO R/F SCF: LRD 3.00.05 LRD 3.00.09 D/DFS R/F m
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DATE
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/ /97 0FFICIAL RECORD COPY 9007150104 980706
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Attachment A 1
AF90-2
,#ue%,k PDR UNITED STATES y
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j NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 20066-0001
.....,o l
MEMORANDUM TO:
L. Joseph Callan Executive Director for Operations l
FROM:
Edward L. Halman, Director Office of Administration l
SUBJECT:
AMENDMENT TO 10 CFR PARTS 11 AND 25, REVISED FEE SCHEDULE Attached for your signature is a final rule to be published in the Federal Register 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 j
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).
i Background 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 that they charge the NRC.
Because the fees that NRC charges its licensees for special nucl ear 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 change.
Pubhc Comments-Becau se these are amendments dealing with agency practice and j
procedure, the notice and comment provisions of the Administrative Procedure Act do not apply l
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 l
the NRC fee schedules.
Nohces A notice to the Commission that the EDO has signed this rule is attached for inclusion in the next Daily Staff Notes (Attachment C). Congressional Committees will not be notified.
Affected licensees and other interested persons will be notified of this rulemaking initiative.
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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.
l Attachments:
l A. Federal Reaister Notice of Final Rulemaking i
B. June 13,1991, EDO Approval of Recurring Promulgation of Rule C. Draft Daily Staff Notes item l
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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 I,egal objection.
Attachments:
A. FederalEt9tsitINotice of Final Rulemaking B. June 13,1991, EDO Approval of R9 curring Promulgation of Rule C. Draft Daily Staff Notes item Djj_TRIBUTION:
MC: None E. L. Halman, D/ADM P. G. Norry, DEDM H. T. Bell, OlG D. F. Hassell, OGC D. L. Meyer, ADM/DAS J. W. Roe, NRR E. Q. Ten Eyck, NMSS M. R. Knapp, RES EDO R/F SCF: LRD 3.00.05 LRD 3.00.09 D/DFS R/F PERSEC/DF PERSE FS NRR BBr dsha JJD i
JWRoe 11 7
11 97 1
9 11/ /97 IRM NMSS RES OGC ADM/DAS FFGoldberg EQTen Eyck MRKnapp DFHassell DLMeyer 11/ /97 11/ /97 11/ /97 11/ /97 11/ /97 D/ADM DEDM ELHalman PGNorry 11/ /97 11/ /97
i MEMORANDUM TO:
L. Joseph Callan Executive Director for Operations l
FROM:
Edward L. Halman, Director Office of Administration l
SUBJECT:
AMENDMENT TO 10 CFR PARTS 11 AND 25, REVISED FEE SCHEDULE 1
l Attached for your signature is a final rule to be published in the Federal Bagiater 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).
Background 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 that they charge the NRC.
l Because the fees that NRC charges its licensees for special nuclear material access I~
authorizations and personnel security clearances are dependent on the rates charged by OPM l
for conducting background investigations, the fee schedules in NRC regulations are being l
amended to reflect the OPM rate changes.
Pubhc Comments Because these are amendments dealing with agency practice and procedure, the nohce 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 l
Reaister. Good cause exists to dispense with the usual 3May delay in the effective date j
because the amendments are of a minor and administrative nature dealing with rate changes to j
the NRC fee schedule.
I Notices A notice to the Commission that the EDO has signed this rule is attached for inclusion in the next Daily Staff Notes (Attachment C). Congressional Committees will not be notified.
. Affected licensees and other interested persons will be notified of this rulemaking initiative.
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION.
10 CFR Parts 11 and 25 l
RIN 3150-AF90 l
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Access Authorization Fee Schedule
. for Licensee Personnel i
AGENCY: Nuclear Regulatory Commission.
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l 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 comply with current regulations that provide that the NRC will publish fee adjustments upon notifications of any changes in the mte charged the NRC by the Office of Personnel Management (OPM) for conducting investigations.
EFFECTIVE DATE: (Upon publication in the Federal Register).
FOR FURTHE;R INFORMATION CONTACT: Beth Bradshaw, Division of Facilities and f,ecurity, Offi. e of Administration,' U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6540, or by intemet electronic mail at MBB1@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 chariged the rates it charges NRC for conducting access authorization background investigations. Because the fees that NRC charges its licensees for special j
i 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 rate changes. The NRC is passing these rate changes to NRC licensees. 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.
Because these are amendments dealing with agency practice and procedure, the notice 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 j
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.
EnvironmentalImpact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement 2
This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0046 and
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3150-0062.
Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information.
Regulatory Analysis The NRC has prepared a regulatory analysis on this final regulation. The analysis examines the costs and benefits of the attematives 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 analysis may be obtained from Beth Bradshaw, Division of Facilities and Security, Office of Administration, U. S. Nuclear' Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-6540.
Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule and a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter 1.
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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.
List of Subjects 10 CFR Part 11 Hazardous materials - transportation, investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nucisar material.
10 CFR Part 25 Classified information, Criminal penalties, Investigations, 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, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C.
552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 11 and 25.
PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL 4
- 1. The authority citation for Part 11 continues to read as follows:
AUTHORITY: Sec.161,68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5641).
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Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).
- 2. In $11.15 paragraph (e)(1) is revised to read as follows:
611.15 Application for special nuclear material access authorization.
(e)(1) Each application for special nuclear material access authorization, renewal, or change in level must be accompanied by the licensee's remittance, payable to the U.S. Nuclear J
t Regulatory Commission, according to the following schedule:
I 1.
NRC-U requiring full field investigation........................... $3,275 ii. NRC-U requiring full field investigation (expedited processing)............................................... $3,800 l
iii. NRC-U based on certification of comparable full field background investigation...,..................................... '$0 1
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f-iv. NRC-U or R renewal........................................... $80 v.
N RC-R..................................................... $80 l
vi. NRC-R based on certification of comparable investigation....,............................................ 2$0 fif 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.
2 if the NRC determines, based on its review of available data, that a National Agency Check and Credit investigation is necessary, a fee of $80.00 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.
l PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL
- 3. The authority citation for Part 25 continues to read as follows:
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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 U.S.C. 5841); E.O.10865, as amended, 3 CFR 1959-1963 Comp., p. 398 (50 U.S.C. 401, note); E.O. 12829,3 CFR,1993 Comp., p. 570; E.O.
12958,3 CFR,1995 Comp., p. 333; E.O.12968,3 CFR,1995 Comp., p. 396.
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Appendix A also issued under 96 Stat.1051 (31 U.S.C. 9701).
- 4. Appendix A to Part 25 is revised to read as follows:
APPENDIX A TO PART 25 - FEES FOR NRC ACCESS AUTHORIZATION Category Fee Initial "L" Access Authorization.............
.............'$80 Reinstatement of "L" Access Authorization.......
................'$80 Extension or Transfer of "L" Access Authorization.........
'$80 Initial "Q" Access Authorization.......
.. $3,275 initial"Q" Access Authorization (expedited processing)....
... $3,800 Reinstatement of"Q" Access Authorization.
253,275 Reinstatement of"Q" Access Authorization (expedited processing)....................................................
2 $ 3,8 00 Extension or Transfer of "Q" 2$3,275 Extension or Transfer of "Q"(expedited processing).......................
2$3,800
$ 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'
'qvestigation.
2 Full fee will only be charged if investigation is required.
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' ay
.1997.
Dated at Rockville, Maryland, this d
For the Nuclear Regulatory Commission.
L. Joseph Callan, Executive Director for Operations.
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REGULATORY ANALYSIS l
l 1.
Statement of Problem l
Effective October 1,1997, the Office of Personnel Management (OPM) changed the rates l
it charges NRC to conduct access authorization background investigations. Because the 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 l
security clearances.
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l 2.
Objectlyn Tne objective of this regulatory initiative is to inform licensees and other nongovemmental bodies of OPM's rate changes for the conduct of background investigations.
l 3.
,Altemativgg There is no reasonable attemative to the revision of these regulations that would achieve the desired result.
l 4.
Consequences l
There are approximately 20 affected entities licensed by the NRC. Each licensee who uses, processes, stores, transmits, or delivers to a carrier for f.ransport, formula quantities of special nuclear material must have their personnel granted special nuclear rnaterial access authorizations under Part 11 by NRC. In addition, each licensee who needs access to 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 nuclear material access authorization or a personnel security clearance must be accompanied by the licensee's remittance payable to NRC.
Because OPM is changing the rates they charge for background investigations, NRC 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 faci {ities.
5.
Decision Rad ? alt 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 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 final rule amending 10 CFR Parts 11 and 25 by January 1998.
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Attachment B
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AF90-2 UNITED STATES PDR
[
g NUCLEAR REGULATORY COMMISSION G
WASHINGTON, D. C. 20555 k.....
JUN 0 51991 MEMORANDUM FOR:
James,M. Taylor yc.;navc i
R yyme,"*.EiMcutive9 Director; for Operations.
r
~ :n ensy g g rer-w w; FRON(2' Patricia G. Norry, Director Office of Administration
SUBJECT:
RECOMMENDATION PdR RECURRING., PROMULGATION OF RULE:
REVISED,, FEE SmRnULES ' (PARTS 11 and 25) u I am requesting your one-time approval for the initiation of recurring normall rule amendmerits to revise the fees ik(censees.y annual) charged for personnel security investigations'.
In Rulemaking,yith the February 13, accordance 1984, memorandum " Control of NRC pertiner).tQ grm, Offices Reporting to s by the EDO," I have enclosed ation supporting this request.
The Officef5f Personnel Management (OPM) and the Federal Bur ~ eau of Investigatiiori (FBI) regularly increase the amount they charge NRC
,for OPM background investigations and. FBI fingerprint. checks on October 1yeach: year.
Since.rthe3 fees,..thats NRog{ charges censees-for speciall? nuclear' materia 1Haccesadauthorizationd;1and)il;
'onnel.
sec'uriQicilba^r' andes;are depend &ptRonRtheibackgrounds the ion rates clarjddibyJOPN/ and fiQarpRintfict5eckfrateshcha '
each FBI,' theTeePjschedules in theiNRQiregulati'ons!mustbbei year. to reflect the OPM andyF51*ratd inc~reasesi.).] 10therwide, NRC would be subsidizing licenseePapplications? for:, specialtinuclear material access. authorizations and personnel security clehrances.
Rather tharp. continue to request approval of initiation of rulemakings ~eaich year, I request,that continuing app 1 be granted. W's.
rulemaking initiatii'ves which3de(&gsolely%
..' art increase",
- feesL based on ' OPNFand[or FBf ffeeW P:Esch-annual ruferdchange will be coordinated with? a18"increasddaffected[.offficesi and submitted
- to the EDO. fosi.$ approval.-
' Any/ proposals' for substantive:dhange' for other..thaini fees, will continue toe require individuaFj/and' specific approvals for initiation of such rulemakings.
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, l The Offices of Nuclear Regulatory Research, Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards and the l
Division. of Freedom of Information and Publi~ cations Services, l
Office of Administration, concur in this proposal to initiate annual administrative rulemaking.
The Office of the General Counsel has no legal objection.
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If you have any questions, or need further information, please l
contact Raymond J.
Brady, Director, Division of Security, on X24100.
J ~,.
- h. k_ p s atricla G. Norry, Dir7ctor Office of Administration l
Enclosures:
l
- 1. Regulatory Agenda l.
Entry
- 2. Results of Preliminary Office Review of Rulemaking
- 3. Preliminary Regulatory Analysis Approved: t,/tJ /p/
Disapproved:
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am M. 'Aylor datd tive Director for Operations
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Attachment C 2
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 schedule for background investigations of licensee and other 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 tc the EDO, the EDO has signed this final rule and proposes to forward it on to it s Office of the Federal Register for publication, unless otherwise directed by the Commission.
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