ML20236N469
| ML20236N469 | |
| Person / Time | |
|---|---|
| Issue date: | 12/08/1997 |
| 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 AF90-2-008, AF90-2-8, NUDOCS 9807150137 | |
| Download: ML20236N469 (15) | |
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UNITED STATES E
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2065tM3001 4,.....,o
'DEC 0 8 TS7 l
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MEMORANDUM TO: Beth Bradshaw Office of Administration FROM:
David L. Meyer, Chief id -M.+
Rules and Directives Branch Division of Administrative Services Office of Administration
SUBJECT:
REVIEW OF FINAL RULE PACKAGE, " ACCESS AUTHORIZATION FEE SCHEDU8.E FOR LICENSEE PERSONNEL" The Rules and Directives Branch has reviewed the final rule package that revises the fee j
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 l
Material. We have attached a marked copy of the final rule package that presents our additional l
comments.
if you have any questions, please contact Betty K. Golden,415-6863, or myself,415-7163.
Attachment:
As stated l'
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9807150137 900706
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O-Ob PDR PR 11 63FR25156- -. D.R P
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AF90-2 PDR 1
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[7590-01-P]
- NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25
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RIN 3150-AF90 Access Authorization Fee Schedule for Licensee Personnel AGENCY: Nuclear Regulatory Commission;
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l ACTION:- Final rule.
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SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations to revise j
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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 i
l NRC will publish fee adjustments upon notifications of any changes in the rate charged the l
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NRC by the Office of Personnel Management (OPM) for conducting investigations.
EFFECTIVE DATE: (Upon publication in the Federal Register).
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FOR FURTHER INFORMATION CONTACT: Beth Bradshaw, Division of Facilities and Security, Office of Administration, U. S. Nuclear Regulatory Commission, Washington, DC-i l
20555-0001, telephone (301) 415-6540, or by intemet electronic mail at MBB1@NRC. GOV.
I SUPPLEMENTARY INFORMATION: The OPM conducts access authorization background investigation s for the NRC and sets the rates charged for these int:^t_:-.s. Effective e
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 1
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 l
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.
l 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 1
amendments are of a minor anri administrative nature dealing with rate changes to the NRC fee schedules.
J EnvironmentalImpact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion'10 CFR 51.22(p)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
f Paperwork Reduction Act Statement y-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 3150-0062.
Public Protection Notification if an information collection does not display a cun ently 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 Reguistory Commission, Washington, DC 20555-0001, telephone: (301) 4154540.
Backfit Analysis The NRC has determined that the backfit nale 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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4 Small Business Regulatory Enforcement Falmess Act l
l In accordance with the Small Business Regulatory Enforcement Faimess Act of 1996, l
the NRC has detennined that this action is not a major rule and has verified this determination l-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 nuclear material.
10 CI R 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 ELIGIBILIT(
FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL 4
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- 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. 5841).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).
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- 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 it.e licensee's remittance, payable to the U.S. Nuclear Regulatory Commission, according to the folkwing schedule:
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NRC-U requiring full field investigation...........,............... $3,275 ii. NRC-U requiring full field investigation (expedited 1
l processing)............................................... $3,800 lii. NRC-U based on certification of comparable full field background investigation.......................................... '$0 5
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iv. N RC-U or R renewal........................................... $80 v.
N R C-R.................................................... ' $ 8 0 vi. NRC-R based on certification of comparable.
Investigation................................................. 230 i 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.
2 f the NRC d'etermines, based on its review of available data, that a National Agency Check I
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.
PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL j
? 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 i
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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l-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 i
. initial "L" Access Authorization........................................... '880 Reinstatement of "L" Access Authorization.................................. '880 Extension or Transfer of "L" Access Authorization............................. '880 initial "Q" Access Authorization................ -......................... $3,275 1
Initial"Q" Access Authorization (expedited processing)....................................................... $3,800 Reinstatement of "Q" Access Authorization............................... 283,275 Reinstatement of"Q" Access Authorization (expedited processing).....................................................
2$3,800 i
Extension or Transfer of "Q".......................................... 883,275 -
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Extension or Transfer of "Q" (expedited processing)........................ ag3, goo i
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' If the NRC determines, based on its review of available data, that a full field investigation is j
. necessary, a fee of $3,275 will be assessed prior to the conduct of the investigation.
2 Full fee will only be charged if investigation is required.
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Dated at Rockville, Maryland, this day 1997.
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For the Nuclear Regulatory Commission.
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l L. Joseph Callan, l
Executive Director for Operations.
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Acoroved for Publication The Commission delegated to the EDO (10 CFR 1.31(c)(3)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations in NRC Management Directive 9.17, Organization and Functions, Office of the Executive Director for Operations.
The attached rule entitled " Access Authorization Fee Schedule for Ucensee Personnel,"
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amends Parts 11 and 25 by changing the fee NRC charges its licensees for background
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investigations that are used to determine eligibility for a special nuclear material access I
authorization or personnel security clearance for access to Restricted Data or National Security I
information.
This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7,8, or 9 Subpart C concc-.'ng matters of policy. I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
1 Date L. Joseph Callan, Executive Director for Operations I
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REGULATORY ANALYSIS l
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Statement of Problem
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Effective October 1,1997, the Office of Personnel Management (OPM) changed the rates 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 ra,flect the rate changes. Otherwise, NRC would be subsidizing licensee applications for special cuclear mate'ial access authorization and personnel security clearances.
2.
Obiective The objective of this regulatory initiative is to inform licensees and other nongovemmental bodies o' OPM's rate changes for the conduct of background investigations.
3.
Aftematives There is no reasonable attemative to the revision of these regulations that would achieve the desired result.
4.
Conseauersga There are approximately 20 affected entities licensed by the NRC. Each liconsee who uses, processes, stores, transmits, 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 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 facilities.
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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 adhere to the changes in fees required for background investigations.
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Imclementation l
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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Daily Staff Notes Office of Administration l
Final Rule Sianed by the EDO l
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 l
l require access to Nationa! Security information and/or Restricted Data and access to or control I
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 Commission.
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Attachment A MEMORANDUM TO:
L. Joseph Callan Executive Director for Operations FROM:
Edward L Halman, Director Office of Administration
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 Reaister 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 that they charge the NRC.
Because the fees that NRC charges its licensees for special nuclear 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.
Public Comments: 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 Reaister. 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 schedule.
Notices: A notice to the Commission that the EDO has signed this rule is attached forinclusion 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 - Ev (" " A D""
CoordinatiQa: The Offices of Nuclear Material Safety a Safeguards, Nuclear Reactor l
Regulation, and Nuclear Regulatory Research, and the ivision of Administrative Services, ADM, concur in this amendment. The Office of the General Counsel has no legal objection.
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Attachments:
A. Federal Reaister Nctice J
of Final Rulemaking B. June 1 A 1991, EDO Approval of Recurring Promulgation of Rule
' C. Draft Daily Staff Notes item l
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DISTRIBUTION 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 1
E. Q. Ten Eyck, NMSS M. R. Knapp, RES j
EDO R/F SCF: LRD 3.00.05 LRD 3.00.09 D/DFS R/F PERSEC/DF PERSE FS l
NRR l
B dsh JJD JWRoe 11 7
11 7
il 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 PGNony 11/ /97 11/ /97
Attachment B
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UNITED STATES cf n
KUCLEAR REGULATORY COMMISSION t
wAsHWOTON, D. C. 20656, JUN 0 51991 MEMORANDUM FOR:
James;M. Taylor i y,co,<;p ve
~ EkeoutiveGDiseictor:for Operations.
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- ency j vgrar.
W, a vg FRONE ^
Patricia G. Norry, Director office of Administration
SUBJECT:
RECOMMENDATION FOR RECURRING. PROMULGATION OF RULE:
REVISED,. FEE SCKEDULES ' (PAltTS 11 and 25)
I am requesting your one-time approval for the initiation of li(censeesnormally annual) rule amendments to revise the fees.
recurring charged for personnel security investigations'.
In accordancewith the February 13, 1984, memorandum " Control of NRC Rulemakings.jby.,0ffices Reporting to the EDO," I have enclosed pertinentfnformationsupporting.thisrequest.
y The officef5f Personnel Management (OPM) and the Federal Bur' eau of Investigat!iori L(FBI) regularly'. increase the amount they charge NRC
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.for OPM background investigations and FBI. fingerprint, checks on Octoberi. le eache year.
Since.;;thek fees,a that; NRC.qchargesgl$oensees 4a' tina 7renclosiare dependeptsandttie<backpMi41.i-v@'(ation Nfnuc4 ear
- materia 14 acossaiauthorizatiionspandi:.
el-for sec'ur rates iby;OPN/ and f16gerprintA ct5eokNaMohang$, hr the
. schedules in the)HRO?regulati'onsimus%beiaimaMmet each
. FBI, tiie",
year. to ' reflect the OPM andqFBE9 rate increases.;:' 4therwise, NRC would be subsidizing licensee? applications. ford.speciali9 nuclear material accesat authorizations and personnel security clearances.
Rather than. continue to request approval
'ofS initiation of rulemaking,Meach year, I request that continuing apprctval, be granted ~foiC[rulemaking initiatiiveis whichb dealssolelyMff(14tE ' art annualrule.;ahangewillbecoordinatedwittsealk[affected[officesincreas and submit 2sdeto the ' EDO fo Ml approval.,
- Any! ~ proposals'- for substantive.Edhange' for otherbthan fees
- will; centinue torrequire i
individua1G and specific approvals for initiation of such rulemakings.
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, The Offices of Nuclear Regulatory Research, Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards and the Division of Freedom of Information and Publications Services, office of Administration, concur in this proposal to initiate annual administrative rulemaking.
The office of the General Counsel has no legal objection.
If you have any questions, or need further information, please contact Raymond J. Brady, Director, Division of Security, on X24100.
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icla G. Norry, Dir7ctor a
Office of Administration
Enclosures:
- 1. Regulatory Agenda Entry
- 2. Results of Preliminary Offit.:e Review of Rulemaking
- 3. Preliminary Regclatory Analysis Approved: /,/tJ /p/
Disapproved:
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am M. 'Aylor datd cutive Director for Operations O
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