ML20236N557
| ML20236N557 | |
| Person / Time | |
|---|---|
| Issue date: | 02/13/1998 |
| From: | Halman E NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20236N298 | List: |
| References | |
| FRN-63FR25156, RULE-PR-11, RULE-PR-25 AF90-2-014, AF90-2-14, NUDOCS 9807150176 | |
| Download: ML20236N557 (5) | |
Text
AF90-2
/ pas,Ne PDR y o& UNITED STATES g
j 2
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20665 0001
\ ,,g / February 13, 1998 -
r MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Edward L Halman, Dire Office of Administrate
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 S Personnel" (Attachment A). This rule is submitted under the June 13,1991, authorization for recuning 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 change.
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. 553(b)(A)(1997). 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.
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 wil' not be notified.
Affected licensees and other interested persons will be notified of this rulemaking initiative.
9807150176 9807)6 PDR PR -
11 63FR25156 PDR j/TA L
l
~
l l
L Joseph Callan February 13, 1998 i
l l Coordination The Offices of Nuclear Material Safety and Safeguards, Nuclear Reactor l . Regulation, and Nuclear Regulatory Research, and the Rules and Directives Branch, Division of Administrative Services, ADM, concurin this amendment. The Office of the Chief Financial Officer has reviewed this paper for resource implications and has no objections. The Office of the General Counsel has no legal objection.
. Attachments:
A. Federal Register Notice of Final Rulemaking
.B. June 13,1991, EDO Approval of Recurring Promulgation of Rule j C. Draft Daily Staff Notes l ltem l
l i
I.
1 j
L. Joseph Callan February 13, 1998 Coordination: The Offices of Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, and Nuclear Regulatory Research, and the Rules and Directives Branch, Division of Administrative Services, ADM, concurin this amendm9nt. The Office of the Chief Financial Officer has reviewed this paper for resource implications and has no objections. The Office of the General Counsel has no legal objection.
Attachments:
A. Federal Register Notice of Final Rulemaking B. June 13,1991, EDO Approval of Recurring Promulgation of Rule C. Draft Daily Staff Notes item DISTRIBUTION:
MC: None E. L. Halman, D/ADM P. G. Nony, 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 ~
SEE PREVIOUS CONCURRENCE SHEET.
- Electronic Concurrence
- Via Me PERSEC/DFS PERSEC/DFS AD/DF NRR** CFO
- BBradshaw JJDunleavy RA JWRoe JLFunches 12/5/97 1/23/98 1/7/98 1/7/98 M -tH98 Ki;;; ~
0C10 ** NMSS* RES ** OGC ** ADM/DAS **
LBScattolini LQTen Eyck MRKnapp DFHassell DLMeyer fJ0f58 1/5/98 4H9tr 4! ^4^ ~ 4! ^^^
11/1 97 .. .
12/4/97 12/16/97 12/8797
)
n PGNony I
.2/(/98 4p/ 98 '
l l
L Joseph Callan -2 February 13, 1998 Coordination: The Offices of Nuclear Material Safety and Safeguards, Nuclea f'3 actor Regulation, and Nuclear Regulatory Research, and the Rules and Directives Branch, Division of Administrative Services, ADM, concurin this amendment. The Office of the Chief Financial Officer has reviewed this paper for resource implications and has no objections. The Office of the General Counsel has no legal objection.
Attachments:
A. FederalReorsterNotice of Final Rulemaking B. June 13,1991, EDO Approval of Recuning Promulgation of Rule S C. Draft Daily Staff Notes item 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 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 SEE PREVIOUS CONCURRENCE SHEET.
- Electronic Concurrence
- Via Me PERSEC/DFS PERSEC/DFS AD/DF NRR** CFO
- BBradshaw JJDunleavy RA JWRoe JLFunches 12/5/97 1/23/98 1/7/98 1/7/98 $d/98 4H96 W -
OClO ** NMSS* RES ** OGC ** ADM/DAS **
LBScattolini' LQTen Eyck MRKnapp DFHassell DLMeyer UV58 1/5/98 4H96 M 4l ^ ^
11/17 97 -
12/4/97 12/16/97 -12/8797 A DEDM alman PGNorry I J/f/98 hp98 ~
L. Joseph Callan February 13, 1998 Coordination: The Offices of Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, and Nuclear Regulatory Research, and the Rules and Directives Branch, Division of Administrative Services, ADM, concurin this amendment. The Office of the Chief Financial Officer has reviewed this paper for resource implications and has no objections. The Office of the General Counsel has no legal objection.
Attachments:
A. FederalRegisterNotice of Final Rulemaking B. June 13,1991 EDO Approval of Recurring Promulgation of Rule C. Draft Daily Staff Notes item 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 E. Q. Ten Eyck, NMSS M. R. Knapp, RES EDO R/F SCF: LRD 3.00.05 LRD 3.00.09 D/CFS RIF SEE PREVIOUS CONCURRENCE SHEET.
- Electronic Concurrence
- Via Me PERSEC/DFS PERSEC/DFS AD/DF NRR** CFO
- BBradshaw JJDunleavy RA JWRoe JLFunches 12/5/97 1/23/98 1/7/98 1/7/98 M8 4H98 S ,i 2 ^
OClO ** NMSS* RES ** OGC ** ADM/DAS **
LBScattolinii LQTen Eyck MRKnapp DFHassell DLMeyer 1058 1/5/98 4H9E -4! iR
^
11/17 97 12/4/97 12/16/97 4! ^^797 12/8 A MN alman PGNorry I J/(/98 4p/ 98 '
Attachment A AF90-2
/ PDR
[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 RIN 3150-AF90 Access Authorization Fee Schedule 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 comply with current regulations that provide that the NRC will publish fee adjustments upon notifications of any changes in the rate charged the NRC by the Office of Personnel Management (OPM) for conducting investigations.
EFFECTIVE DATE: (Upon publication in the Federal Reaister).
FOR FURTHER INFORMATION CONTACT: Beth Bradshaw, Division of Facilities and Security, Office 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 b r0 u /) l ~2 / /) ~) 9 ~') g v LP c w vc-t 7
1 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 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. See 10 CFR 11.15(e)(2)(1997) and 10 CFR 25.17(e)(1997).
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.
553(b)(A)(1997). 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 schedules.
l Environmentalimpact: Categorical Exclusion l The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1)(1997). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
2
l Paperwork Reduction Act Statement 1
i This final rule does not contain a new or amended information collection requirement subject I
to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. (1997)). Existing requimments were approved by the Office of Management and Budget, approval numbers 3150-0046 and 3150-0062.
Public Protechon 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 collection.
I Regulatory Analysis The NRC has prepared a regulatory analysis on this final regulation. The analysis examines the costs and benefits of the altematives 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 2055fMN)01, telephone
- (301) 415-6540. J 0
l' 3 9
.. . _ . . . = . - . . _ - . . - - - - - . - - - - - - - - - - - . . _ - - . _ - - - - - - - - - _ _ - - - - . . - - - _ _ - - - - - - - - - _ _ - . - _ _ - ~ . - - _ - . - - - - - - - _ - _ _ _ _ _ _ _ - . - - - - - - - - - - - - --
l l
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 amendrnents do not involve any provisions that would impose backfits as defined in 10 CFR 50.109 (1997).
L Small Business Regulatory Enforcement Faimess Act in accordance with the Small Business Regulatory Enforcement Faimess Act of 1996, 5 .
U.S.C. 801 et seq. (1997) and 15 U.S.C. 657 (1997), 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 l l
I Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material. ;
i i
10 CFR Part 25 Classified information, Criminal penalties, investigations, Reporting and recordkeeping , l requirements, Security measures.
4
)
. - _ -__-_ _ _____ _____ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ - _ _ _ - _ - - _ _ _ _ _ _ _ - _ _ - - _ ________-_ _ ____ _- - _ L
l 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 1. - CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL
- 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); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841). l i
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a). l l
- 2. In $11.15 paragraph (e)(1)is revised to read as follows:
i 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 Regulatory Commission, according to the following schedule: ,
5
t,
- i. NRC-U requiring full field investigation . . . . . . . . . . . . . . . . . . . . . . . . . . 43,275 ii. NRC-U requiring full field investigation (expedited processing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,800 l
iii. NRC-U based on certification of comparable full field -
background investigation . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . '40 iv. NRC-U or R renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80
- v. N RC-R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' $80 vi. NRC-R based on certification of comparable investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2$0 5 If the NRC determines, based on its review of available de5, that a full field investigation is ;
necessaiy, a fee of $3,275 will be assessed prior to the conduct of the inve# cts.
]
2 If the NRC dets! mines, 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 psior to the conduct of the investigation; however, if a full field investigation is deemed necessary by the h
NRC, based on its review of available data, a fee of $3,275 will be assessed prior to the ' ,
conduct of the irr;::S; Sm. '
e e e e e l g.
__._m_____.____-_ _ _ _ _ _ _ - - - - - - _ _ _ - - - - - _ -
l I
j PART 25 - ACCESS AtJTHORIZATION FOR LICENSEE PERSONNEL
- 3. The authority citation for Part 25 continues to read as follows:
AUTHORITY: Secs.145,161,68 Stat. 942, 948, as amended (42 U.S.C. 2165,2201);
l 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.
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:
1 APPENDIX A TO PART 25 - FEES FOR NRC ACCESS AUTHORIZATION Category Fee initial "L" Access Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '880
. Reinstatement of "L" Access Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80 Extension or Transfer of "L" Access Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '880 Initial "Q" Access Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,275 7
i l
l l- Initial"Q" Access Authorization (expedited I proces sing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,800 i
i Reinstatement of "Q" Access Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2$3,275 Reinstatement of"Q* Access Authorization (expedited I I
processing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... . . . . . 2$3,800 I I Extension or Transfer of "Q" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2$3,275 1
l
- Extension or Transfer of "Q" (expedited processing) . . . . . . . . . . . . . . . . . . . . . . 2$3,800 1
1 If the NRC determines, based ort its review of available data, that a full field investigation is necessary, a fee of $3,275 l will be assessed prior to the conduct of the investigation.
2 Full fee will only be charged if investigation is required.
Dated at Rockville, Maryland, this ./ day [ .
1998.
For the Nuclear Regulatory Commission.
L. Joseph p illan, Executive prector for Operations.
J B
e 8 ,
j l
l
- l. l
_ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ ._ ._ _ _ _ _ _ . . ___.____.____.___________________________J
l
- f. {
1 i
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 (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 Licensee Personnel,"
amends Parts 11 and 25 by changing 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 access to Restricted Data or National Security Information.
i 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 conceming matters of policy. I therefore find
- that this rule is within the scope of my rulemaking authority and am proceeding to issue it. .
I I j- (3-f[
Date - 'L.Jcse h Callan, Exec e Director for Operations 4 4
1 u
REGULATORY ANALYSIS t
- 1. Statement of Problem 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 reflect the rate changes. Otherwise, NRC would be subsidizing licensee applications for special nuclear material access authorization and personnel security clearances.
l ,
- 2. Objective l
1 The objective of this regulatory initiative is to inform licensees and other nongovemmental l bodies of OPM's rate changes for the conduct of background investigations. l
- 3. Altematives There is no reasonable attemative to the revision of these regulations that would achieve
' the desired result.
l 4. Consequences There are approximately 20 affected entities licensed by the NRC. Each licensee who uses, processes, stores, transmits, or delivers to a carrier for transpott, 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 l ' business must have a personnel security clearance granted to them under Part 25. Each
! application for special nuclear material access authonzation or a personnel security clearance must be accompanied by the licensee's remittance payable to NRC.
l l 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. *
- 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 adhere to the changes in fees required for background -
investigations.
l
- 6. Implementation The Division of Facilities and Security intends to publish the final rule amending 10 CFR l Parts 11 and 25 by March 1998.
~ <.
"" "'%'og UNITED STATES Attachment B 8 o NUCLEAR REGULATORY COMMISSION
) E E WASHINGTON, D. C. 20555 AF90-2
%.,.....) JUN 0 51991 PDR MEMORANDUM FOR: James M. Taylor Executive Director for Operations FROM: Patricia G. Norry, Director t Office of Administration
SUBJECT:
RECOMMENDATION FOR RECURRING PROMULGATION OF RULE: REVISED FEE SCHEDULES (PARTS 11 and 25)
I am requesting your one-time approval for the initiation of recurring (normally annual) rule amendments to revise the fees charged licensees for personnel security investigations. In accordance with the February 13, 1984, memorandum " Control of NRC Rulemakings by Offices Reporting to the EDO," I have enclosed pertinent information supporting this request.
The Office of Personnel Management (OPM) and the Federal Bureau of Investigation (FBI) regularly increase the amount they charge NRC for OPM background investigations and FBI fingerprint checks on October 1 each year. Since the fees that NRC charges licensees for special nuclear material access authorizations and personnel security clearances are dependent on the background investigation rates charged by OPM, and fingerprint check rates , charged by the FBI, the fee schedules in the NRC regulations must be amended each year to reflect the OPM and FBI rate increases. Otherwise, NRC would be subsidizing licensee applications for special nuclear material access authorizations and personnel security clearances.
Rather than continue to request approval of initiation of rulemaking each year, I request that continuing approval be granted for rulemaking initiatives which deal solely with an increase in fees based on OPM and/or FBI fee increases. Each annual rule change will be coordinated with all affected offices and submitted to the EDO for approval. Any proposals for substantive change for other than fees will continue to require individual and specific approvals for initiation of such rulemakings.
9tt609032 7 @
6 .s.
f f
. 2 --
The Offices of Nuclear Regulatory Research, Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards and the Division of Freedom of Information and Publications Services, I 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.
\
J e.-G. Norry, 2 $~ &
atricla Dir7ctor l Office of Administration
Enclosures:
- 1. Regulatory Agenda Entry
- 2. Results of Preliminary Office Review of .]
i Rulemaking {
l 13. Preliminary Regulatory Analysis Approved: 4 /tJ /P/ , ,
1 Disapproved: / / 6/ /
am M. 'Aylor datd cutive Director for Operations l
l L l 1
I
Attachment C A -2 Daily Staff Notes l Office of Administration Final Rule Signed by the EDO On a b l3 .1998, the Executive Director for Operations approved a final rule that revises 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.
I This the EDO, nohce informs the EDO the Commission has signed this final rule and thatproposes in accordance to forwardwith it on thei rulemaking 24.1993 to@authotly the delega Office of the Federal Register for publication, unless otherwise directed by the Commission.
I j
i
. \
i I
l
- - -_ - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _