ML20247D532
| ML20247D532 | |
| Person / Time | |
|---|---|
| Issue date: | 10/18/1988 |
| From: | Thompson H NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML19316G025 | List: |
| References | |
| FRN-54FR17703, RULE-PR-73 AD12-2-2, NUDOCS 8905250457 | |
| Download: ML20247D532 (6) | |
Text
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NUCLEAR REGULATORY COMMISSION P D f4 c
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MEMORANDUM FOR: Eric 5. Beckjord, Director Office of Nuclear Regulatory Research FROM:
Hugh L. Thompson, Jr., Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
REQUEST TO INITIATE RULEMAKING This memorandum requests that RES initiate a rulemaking to amend 10 CFR 73.21
" Requirements for the Protection of Safeguards Information," to require Federal Bureau of Investigation criminal history checks of individuals granted access to safeguards information by power reactor licensees or applicants.
This rulemaking is needed to conform 10 CFR 73.21 with existing public law (Pub. L.99-399, "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986") which presently requires such checks. The enclosed draft Federal Register Notice, developed to assist you in this endeavor, provides additional information on this matter. This rulemaking should be coordinated with both NMSS and NRR. NMSS contact is Priscilla Dwyer, 492-0478. NRR contact is Jane Gibson, 492-3209. Thank you for your assistance.
k Hu L. Thomps
., Director 0
ce of Nuc1 at terial Safety nd Safeguards
Enclosure:
Draft Federal Register Notice 8905250457 890510 h
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L NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 Access to Safeguards Information.
AGENCY:
Nuc1 ear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
- The Nuclear _ Regulatory Commission is proposing to amend its requirements for access. to Safeguards Infor1 nation to conform with a~
provision of Pub. L.99-399, "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986." The provision of the law requires nuclear power
. reactor licensees and applicants to conduct Federal Bureau'of Investiga.
. tion (FBI) Oriminal history checks of certain individuals with access to
'information protected as' Safeguards Information.
DATES:
Submit coments by (insert 60 days from date of publication).
Comments received after this date will be considered if it is practical to do so, but the Comission is able to assure consideration only for coments received on or before this date.
ADDRESSES: Send coments to:
Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555. ATTN:
Docketing and Servicing Branch.
Hand deliver coments to: Office of the Secretary, U.S. Nuclear Regulatory Commission,11555 Rockville Pike, Rockville, Maryland between 7:30 a.m. and 4:15 p.m. or the Public Document Room, 2120 L Street NW, Washington, D.C. between 7:45 a.m. and 4:30 p.m.
Enclosure
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[7590- k y g-Examine comments received at:
the NRC Public Document Room,'2120 L Street NW., Washington, D. C.
FOR FURTHER IMf0RMATION CONTACT:
SUPPLEMENTARY INFORMATION: Section 606 of Pub. L.99-399, "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986" requires nuclear power reactor licensees and applicants to conduct criminal history checks t' rough the use 'of FBI criminal history data on individuals with access to Safeguards Information. The Act was signed by the President on August 27, 1986. NRC implementing regulations were published March 2, 1987 as a new Section 73.57 to 10 CFR Part 73.
NRC requirements for the protection of Safeguards Information,10 CFR 73.21, were published October 22, 1981, prior to enactment of the legislation. The purpose of this proposed amendment is to conform 10 CFR 73.21 with the provisions of 10 CFR 73.57 and Pub. L.99-399 which require certain individuals to undergo l
FBI criminal history checks prior to gaining access to Safeguards Information.
Environmental Impact: Categorical Exclusion
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The NRC has determined that this proposed regulation is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore 2
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neither an environmental impact statement nor an environmental assessment-has been prepared for this proposed regulation.
Paperwork Reduction Act Statement i
This proposed rule does not 'contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were mandated through enactment of Pub. L.99-399.
Regulatory Analysis No regulatory analysis has been prepared for this proposed rule because the action required is mandated by Federal law.
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Regulatory Flexibility.Act In accordance with the Regulatory Flexibility Act of 1980, (5 U.S.C.
605(b)), the Commission certifies that this rule will not, if promul-gated, have a significant economic impact on a substantial number of I
small entities.
This proposed rule affects only the licensing and opera-tion of nuclear power plants.
The companies that own these plants do not fall within the scope of the definition of "small entities" set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
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- ppg, Backfit Analysis Because the purpose of this proposed amendment is to conform an NRC rule with existing Federal law already in effect, no backfit analysis has been prepared.
List of Subjects in 10 CFR Part 73 Hazardous materials-transportation, Incorporation by reference,.
Nuclear materials Nuclear power plants and reactors, Penalty 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. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 73.
PART 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIAL l
l 1.
The authority citation for Part 73 is revised to read as follows:
2.
In i 73.21, paragraph (c)(1)(i) is revised to read as follows:
9 73.21 Requirements for the protection of safeguards infonnation.
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FDR (1) An er plcyee, agent, or contractor of an applicant, a licensee, the Commission, or the United States Government. However, an individual to be authorized access to Safeguards Information by a nuclear power reactor licensee or applicant must undergo a Federal Bureau of Investigation criminal history check in accordance with 10 CFR 73.57; Dated at Rockville, Maryland, this day of October 1988.
For the Nuclear Regulatory Commission.
Victor Stello, Jr.,
Executive Director for Operations.
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