ML20247D543
| ML20247D543 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/1989 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Bernero R, Murley T, Norry P NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19316G025 | List: |
| References | |
| FRN-54FR17703, RULE-PR-73 AD12-2-3, NUDOCS 8905250465 | |
| Download: ML20247D543 (25) | |
Text
{{#Wiki_filter:-__ 3 AD12-2 FD R. JAN 3 01909 HEMORANDUM FOR: Thomas E. Murley, Director, NRR Robert Bernero, Director, NMSS Patricia G. Norry, Acting Director, ARM William.C. farler, General Counsel, OGC FROM: Eric 'S'.'*Beckjord, Director,* RES. ~
SUBJECT:
0FFICE CONCURRENCE REQUEST: FINAL RULE; AMENDMENT OF 10 CFR 73, ACCESS TO SAFEGUARDS INFORMATION The following is a summary of the request: 1.
Title:
Final Rule for amendment of 10 CFR 73 concerning access to safeguards information I 2. RES Task Leader: Mark Au 3. Cognizant Individuals: Priscilla Dwyer, NMSS Jane ~Gibson, NRR Michael Lesar, ARM Robert Fonner, OGC 4. Requested Action: Review and concur 5. Requested Completion Date: FEB 141908 6.
Background:
Section 606 of Pub. L. 99-399, "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986," requires nuclear power.re. actor applicants and licensees to conduct criminal history checks through the use of FBI criminal history data on individuals with unescorted access to nuclear power facilities or access to Safeguards Information. The Act, digreed 'y the President on August 27, 1986, required the NRC to issue o regulations to establish conditions for the use and control of the criminal history data received from the FBI. This was accomplished by publishing a new Section 73.57 on March 2,1987. Prior to the President's enactment of Pub. L. 99-399, NRC requirements for protection of Safeguards Information were found in 10 CFR 73.21, i published on October 22, 1981. While Section 73.21 and 73.57 both provide 1 g525465890520 p .73 54FR17703 PDR
E:o. i AD12-2 3 0 193g flultiple Addressees - 2 requirements for access to Safeguards Information, these Sections need to be tied together. Amendment of 10 CFR 73.21, specifically calling for FBI-criminal history checks for certain persons.in accordance with 10 CFR 73.57 will provide conformance between the two Sections. Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosures:
1. Federal Register Notice of Final Rulenaking 2. Transmittal Letters to Congressional Committees 3. Daily Staff Notice
AD12-2 7 PR. Federal Register Notice of Final Rulemaking I
[7590-01h"pg ) J l i \\ NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 Access to Safeguards Information AGENCY: Nuclear Regulatory Commission. ACTION: Final rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) is amending a section of its regulations for access to Safeguards Information to achieve inter-nal consistency 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 applicants and licensees to con-duct Federal Bureau of Investigation (FBI) criminal history checks of certain individuals with access to information protected as Safeguards Information. Since this amendment contains no new requirements and has been developed solely to achieve consistency between NRC regulations and Federal law, notice of proposed rulemaking and procedures thereon are unnecessary under U.S.C. 553. EFFECTIVE DATE: (30 days after publication) FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)492-3749. 1
j ~ [7590-01) ppg i SUPPLEMENTARY INFORMATION: Section 606 of Pub. L. 99-399, "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986" requires nuclear j power reactor applicants and licensees to conduct criminal history checks through the use of FBI criminal history data on individuals with access to Safeguard 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. 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. Because this amendment is of a technical nature only, and does not add a new requirement, or revoke any existing regulation, good cause exists for finding that notice and public procedure thereon is unneces-sary. Accordingly, the amendment is being published for codification as a final rule. Environmental Impact: Categorical Exclusion l The NRC has determined that this regulation is the type of action I 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. 2 l
f: J AD12-2. [7590-01).~ ' PD R L, Paperwork Reduction Act Statement This final rule does not-contain new or amended information collec-tion requirements 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 rule because 'the action represents 6n administrative cross-referencing between two exist-ing sections'in the regulations. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act of 1980, (5 U.S.C. 605(b)),theCommissioncertifiesthattherulewillnot,ifpromulgated, have a significant economic impact on a substantial number of small entities. This rule affects only the licensing and operation 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. 3
[7590-01) pk Backfit Analysis p Because the purpose of this amendment is to conform an NRC rule with exisiting Federal law already in effect, no backfit analysis is required or 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 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 adopting the following amendment to 10 CFR Part 73. PART 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIAL 1. The authority citation for Part 73 is revised 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 (42 U.S.C.10155,10161). Section73.37(f)also issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 4
.[7590-01) AD12-2 "I gg l i note). Section7357isissuedundersec.606,l Pub.L.99-399100 Stat. 876.(42U.S.C.2169). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S. j 2273; il 73.21,'73.37(g), and 73.55 are issued under sec. 161b', 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il 73.20, 73.24, 73.25, 73.26, j 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 l si 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),. l (3)(iii)(B), and (h), 73.55(h)(2).and (4)(iii)(B), 73.57 73.70, 73.71, 1 ( and 73.72 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)). 2. In Part 73.21, paragraph (c)(1)(1) is revised to read as follows: Part 73.21. Requirements for the protection of safeguards information. (c) (1) (1) An employee, 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 5 j
[7590-01] AD12-2 + .gg reactor applicant or licensee must undergo a Federal Bureau of Investiga-tion criminal ~ history check in accordance with 10 CFR 73.57; Dated at Rockville, Maryland, this day of , 1989. Victor Stello, Jr. Executive Director for Operations i 6
i AD12-2 Enclosura 2 734 j 1 i i 1 l 1 i Congressional Letters 1
[c e AD12-2 f1)ft e DRAFT CONGRESSIONAL LETTER
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee-are copies of a Public Announcement and a1 Notice of a Final Rule. The NRC has sent to the Office of the Federal Register for' publication the final rule conforming with the provisions of 10 CFR 73.57 and Pub; L. 99-399 "The Omnibus Diplomatic Security and Anti-Terrorism Act of.1986." This is a technical amendment to conform 10 CFR 73.21 with the provisions of 10'CFR '73.57_ which require certain individuals to undergo Federal Bureau of Investigation (FBI) criminal history checks prior to gaining access to -Safeguards Information. Because this amendment is of a' technical nature only, and does not add a new requirement, or revoke anyJexisting regulation, good cause exists for finding that notice and public procedure thereon is unnecessary. Accordingly..the amendment'is being published for codification as a final rule. The NRC believes this rulemaking action adequately responds to the provisions intended by Congress when it passed Pub. L. 99-399 in 1986. Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research _U-~_-._.______._____________.____._____._m___._._.___________.___.__-_.________________m...m___ m_.
o AD12-2 'PD R. Daily Staff Notes i I
AD12-2 PDA l FOR A FINAL RULE: DAILY STAFF NOTES OFFICE OF NUCLEAR REGULATORY RESEARCH Final Rule' Signed by EDO On ,1988, the Executive Director for Operations approved a final rule entitled " Access to Safeguards Information" that amends 10 CFR Part 73.21 to conform with the provisions of 10 CFR 73.57 and Pub. L. 99-399, "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986" which require nuclear power reactor applicants or licensees to conduct Federal Bureau of Investigation (FBI) criminal history checks of certain individuals with access to information protected as Safeguards Information. This is a technical amendment that achieves internal consistency in NRC regulations and does not represent a new requirement. This notice informs the Commission that, in accordance with the rulemaking authority delegated.to the EDO, the ED0 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. i i 1 1 2
4 / o UNITED STATES P ' 3,, NUCLEAR REGULATORY COMMISSION O (f C ~ n g .. i WASHINGTON, D. C. 20555 JAN30 1989 J 1 s,'9 ? / 9 1 MEMORANDUM FOR: Thomas E. Hurley, Director, NRR Robert Bernero, Director, NHSS Patricia G. Narry, Acting Director, ARM S iteur - FROM: Eric S. Beckjord, Director, RES
SUBJECT:
OFFICE CONCURRENCE REQUEST: FINAL R
- AMENDMENT OF 10 CFR 73, ACCESS TO SAFEGUARDS INFORMATION The following is a summary of the request
1.
Title:
Final Rule for amendment of 10 CFR 73 concerning access to safeguards information 2. RES Task Leader: Mark Au 3. Cognizant Individuals: Priscilla Dwyer, NMSS Jane Gibson, NRR Michael Lesar, ARM Robert Fonner, OGC 4. Requested Action: Review and concur 5. Requested Completion Date: FEB ! 41989 6.
Background:
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 checkt, through the use of FBI criminal history data on individuals with unescorted access to nuclear power facilities or access to Safeguards Information. The Act, signed by the President on August 27, 1986, required the NRC to issue regulations to establish conditions for the use and control of the criminal history data received from the FBI. This was accomplished by publishing a new Section 73.57 on March 2, 1987. Prior to the President's enactment of Pub. L. 99-399, NRC requirements for protection of Safeguards Information were found in 10 CFR 73.21, published on October 22, 1981. While Section 73.21 and 73.57 both provide 8900316
AD12-2 $$R 11ultiple Addressees 2 JAN 8 0198g l.. requirements for access to Safeguards Information, these Sections need to be tied together. Amendment of 10 CFR 73.21, specifically calling for FBI' criminal history checks. for certain persons in accordance with 10 CFR 73.57 will provide conformance between the two Sections. Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosures:
1. Federal Register Notice of Final Rulemaking 2. Transmittal Letters to Congressional Committees 3. Deily Staff Notice 1
- ^
~ pg Federal Register Notice of Final Rulemaking
AD12-2 [7590-01] [ NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 Access to Safeguards Information AGENCY: Nuclear Regulatory Commission. ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending a section of its regulations for access to Safe ardsInformatintoachievejnter&lv4: -
@w w1 = pJy w eLA nal consistency wf&a pravMc:-af P .L.99-399,"TheOmnibus Y wl41~ Diplomatic Security and Anti-Terrorism Act of 1986 " W e usukr of 7 _th h. requires nuclear power reactor applicants and licensees to con-duct Federal Bureau of Investigation (FBI) criminal history checks of certain individuals with access to information proteg.t.gd as Safeguerds g Lw ',; L -- A' m e__ p
- 73-.
Information.3 Since this amendment contains no new requirements and has been developed solely to achieve consistency. n NRC regulations aM - k G '-
- F
- d r:'
ot e of p d rulemaking an groceduref thereon are unnecessary under 11.5.C.o553. EFFECTIVE DATE: (30 days after publication) FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telenhone(301)492-3749. 1
j A0 [7590-01,;2-2pl7 h 1 SUPPLEMENTARY INFORMATION: Section 606 of Pub. L. 99-399, "The Oinnibus Diplomatic Security and Anti-Terrorism Act of 1986" requires nuclear power reactor applicants and licensees to conduct criminal history checks l l through the use of FBI criminel history data on individuals with access l 1 to Safeguard Information. The Act was signed by the President on i 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 l protection of Safeguards Information,10 CFR 73.21, were published 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. J Because this amendment is of a technical nature only, and does not add a new requirement, or revoke any existing regulation, good cause exists for finding that notice and public procedure thereon is unneces-i sary. Accordingly, the amendment is being published for codification as s a final rule. I I. { Environmental Impact: Categorical Exclusion The NRC has determined that this regulation is the t)pe of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore neither i an environmental impact. statement nor environmental assessment has been prepared for this regulation. l pD47 h & MA N (C,1,_, ~ 4 40 jM i 2
[7590-01]AD12-2 p Paperwork Reduction Act Statement This final rule does not contain new or amended information collec-tion requirements subject to the Paperwork Reduction Act of 1980 (44-U.S.C. 3501 et seq. ). Cisii.m, eyu ir emen b.....rer.d;t;d thre@. c".c c t?;e h t v i i'uv. L,. 55-355.-- Regulatory Analysis No regulatory analysis has been prepared for this rule because the action represents an administrative cross-referencing between two exist-ing sections in the regulations. Regulatory Flexibility Act I In accordance with the Regulatory Flexibility Act of 1980, (5 U.S.C. 605(b)), the Commission certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This rule affects only the licensing and operation of nuclear power plants. The companies that own these plants do not fall within i the t: ope 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. 3
AD12 [7590-01,1' gjg Backfit Analysis Because the purpose of this amendment is to conform an NRC rule with exisiting Federal law already in effect, no backfit analysis is required or 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 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 adopting the following amendment to 10 CFR Part 73. PART 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIAL 1. The authority citation for Part 73 is revised 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 (42 U.S.C. 10155, 10161). Section73.37(f)also issued under sec. 301, Pub. L. 96-295, 9a Stat. 789 (42 U.S.C. 5841 l 4
f7590-01 note).- Section 7357 is issued under sec. 606,_ Pub. L. 99-399100 Stat. 876 (42.U.S.C. 2169). For the' purposes of sec. 223, 68' Stat. 958, as amended (42 U.S. 2273;il73.21,73.37(g),and73.55areissuedundersec.161b,68 Stat.* 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)(iii)(B), 73.57 73.70,.73.71, and 73.72 are issued under sec.161o. 68 Stat. 950, as-amended (42 U.S.C. 2201(o)). 2. In Part 73.21, paragraph (c)(1)(1) is revised to read as follows: Part 73.21. Requirements for the protection of safeguards information. (c) (1) (i) An employee, agent, or contractor of an applicant, a licensee, the Connission, or the United States Government. However, an individual to be authorized access to Safeguards Information by a nuclear power o 5
[7590-01pD12-2 V W l reactor applicant or licensee must undergo a Federal Bureau of Investiga- %S tion criminal history check in eccw&&:W en; 1.2 10 CFR 73.57; Dated at Rockville, Maryland, this day of ,1989. l Victor Stello, Jr. Executive Director for Operations e 6
r. AD12-2 i p% Congressional Letters c____ l
. 7, ADI2-2 pb s l DRAFT CONGRESSIONAL LETTER
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee are copies of a Pubite Announcement and a Notice of a Final Rule. The NRC has sent to the Office of the Federal Register for public provisions of 10 CFR 73.59.and,g the final rule conforming w4Wr the Pub. L. 99-399 "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986." This is a technical amendment to conform 10 CFR 73.21 with the provisions of 10~ CFR 73.57 which require certain individuals to undergo Federal Bureau of Investigation (FBI) criminal history checks prior to gaining access to Safeguards Information N I'hb b if~77I-Because this amendment is of a technical nature only, and does not add a new requirement, or revoke any existing regulation, good cause exists for finding that notice and public procedure thereon is unnecessary. Accordingly, the amendment is being published for codification as a final rule. The C elieves th' r emaking acti n dequately ponds to pro ions in ended y Con ess when t pass Pub. L. 9 in 86 ( Sincerely, Eric 5. Beckjord, Director Office of Nuclear Regulatory Research
AD12-2 ((k i Daily Staff Notes -_---____-__-_ _ - _. - _ _. __.}}