ML20246D189

Final Rule 10CFR73, Access to Safeguards Info

ML20246D189
Person / Time
Issue date:	04/04/1988
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-54FR17703, RULE-PR-73 NUDOCS 8905100147
Download: ML20246D189 (5)

Text

..

, id?o f'g\\

V hy) W M,.M*S SOCyST "J M dE5 3Q ~ " _..

j 7s n0?LO ?SLh '

"~

/[M /7 903

~

- M ' /~d

[7590-01]

\\"h c&Yni??gicaV/

a

\\

(/,\\

ICr

mc NUCLEAR REGULATORY COMMISSION 7,~g[Y 10 CFR Part 73 Access to Safeguards Information l

t AGENCY: Nuclear Regulatory Commission.

j ACTION:

Final rule.

i

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its

]

1 regulations for access to Safeguards Information to be consistent with "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986," which requires nuclear power reactor applicants and licensees to conduct Federal Bureau of Investigation (FBI) criminal history checks of certain individuals with access to information protected as Safeguards Information. This action is necessary to ensure that all applicable NRC regulations reflect this requirement.

i EFFECTIVE DATE:

(30 days after publication)

I 1

FOR FURTHER INFORMATION CONTACT:

M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, i

)

telephone (301)492-3749.

l

-1 Qh5

,5N O

gjo003 l

90404 (L k S4 1

i

(

l 1

l SUPPLEMENTARY INFORMATION:

Section 606 of Pub. L.99-399, "The' Omnibus

']

Diplomatic Security and Anti-Terrorism Act of 1986," requires nuclear power reactor applicants and licensees to conduct criminal history checks

)

'l through the use of FBI. criminal history data on individuals with access l

to Safeguards Information.

The Act, signed by President Reagan on August 27, 1986, required the NRC to issue regulations to establish conditions for the use-and control of the criminal history data received l

from the FBI.

NRC published its implementing regulations March 2,1987, j

as a new 5 73.57 to 10 CFR Part 73.

NRC requirements for the-protection of Safeguards Information,-10 CFR 73.21, were published R

October 22, 1981, prior to enactment of the legislation. This technical amendment conforms 10 CFR 73.21 with the provisions of.10 CFR 73.57 which require certain individuals to undergo FBI criminal history checks prior to gaining access to Safeguards Information.

Individuals who are

)

exempted from fingerprinting under 10 CFR 73.57 will continue to be exempt under this rule.

Because this amendment is of a technical nature only, and does not add a new requirement, or revoke any existing regulation, good cause j

exists for finding that notice of proposed rulemaking and public procedure is unnecessary under Title 5 U.S.C. Section 553. Accordingly, the amendment is being published for codification as a final rule.

J 1

k 2-

i Environmental Impact:

Categorical Exclusion

,j

. The NRC has determined that this regulation is the type of action-j described in categorical exclusion 10 CFR 51.22(c)(2)..Therefore neither an environmental impact statement nor environmental assessment has been prepared for this regulation.

1 Paperwork Reduction Act Statement U

l 1

This final rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1980 q

(44 U.S.C. 3501 et seq.). Existing requirements were approved by the I

Office of Management and Budget approval number 3150-0002.

Regulatory Analysis i

No regulatory analysis'has been prepared for this rule because the

-i i

action represents an administrative cross-referencing between two 1

i existing sections in the regulations.

i 1

1 i

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does i

not apply:to this final rule',. and therefore, that albackfit analysis is not required for this final rule, because these amendments are mandated' by Pub. L.'99-399.

l 3

l l'

. List of Subjects in 10 CFR Part 73 Hazardous materials-transportation, Incorporation by reference,-

Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping requirements, Security measures.

For reasons set out 'in the preamble and under the authority of the 1

l Atomic Energy Act of.1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is adopting the following

)

)

amendment to 10 CFR Part 73.

I l

PART 73 -- PHYSICAL. PROTECTION OF PLANTS AND MATERIAL 1.

The authority citation for Part 73 continues to read as

]

follows:

\\

)

AUTHORITY: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. as amended,'204, 88 Stat.

1242, as amended, 1245 (42 U.S.C. 5841, 5844).

Section 73.1 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.2232,2241(42U.S.C.10155,10161).

Section73.37(f)also i

issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L. 99-399100 Stat.

876(42U.S.C.2169).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.

2273; il 73.21,-73.37(g), and 73.55 are issued under sec. 161b, 68 Stat.

I f

4

i 948, as amended (42 U.S.C. 2201(b)); il 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i); and.

Il 73.20(c)(1), 73.24(b)(1), 73.26(b)(3), (h)(6), and (k)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2),

(3)(iii)(B),and(h),73.55(h)(2)and(4)(111)(B),73.5773.70,73.71, and 73.72 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.

2201(o)).

2.

In 6 73.21, paragraph (c)(1)(1) is revised to read as j

follows:

6 73.21. Requirements for the protection of safeguards information.

)

(c)

(1)

(i) An employee, agent, or contractor of an applicant, a licensee, the Comission, or the United States Government. However, an individual' to be authorized access to Safeguards Information by a. nuclear power reactor applicant or licensee must undergo a Federal Bureau of Investigation criminal history check to the extent required by 10 CFR 73.57; l

1 j

Dated at Rockville, Maryland, this day of

/

, 1989.

For the Nuclear Regu atory Commission i

Vittbr Ste51o. Jr.

Executive Direct r or Operations.

l l

5

_