ML20248G938
| ML20248G938 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1989 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-54FR40859, RULE-PR-11, RULE-PR-25, RULE-PR-95 AD24-2-2, NUDOCS 8910110099 | |
| Download: ML20248G938 (8) | |
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( SY FR 90M, w ww.mg NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11, 25 and 95 i"T:
'RIN: 3150-AD24 Access Authorization Fee Schedule for Licensee Personnel and Implementation of the SF 312 AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final Rule.
SUMMARY
- The Nuclear Regulatory Commission INRC) 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 requiring NRC to publish fee adjustments concurrent with notifications of any changes in the rate charged the NRC by the Office of Personnel Management (OPM) for conducting investigations. The amendments also inform licensees that they have the option, for an additional cost, to have their applications processed in an expedited manner. The NRC is also amending its regulations to require each person to complete a Standard Form 312,
- Classified Information Nondisclosure Agreement," when granted an NRC access authorization.
EFFECTIVE DATE:
IDate of publication in the Federal Register)
FOR FURTHER INFORMATION CONTACT: Duane G. Kidd, Chief. Facilities Security and Operational Support Branch, Division of Security, Office of Administration, U. S. Nuclear Regulatory Consission, Washington, DC 20555, telephone (301) fJI.sLel in he gp2;p,,0,o,22 9 3,,f g,3;3 h c
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7 SUPPLEMENTARY INFORMATION: The OPM conducts access authorization background investigations for the NRC and sets the rate charged for these investigations.
. Effective October 1, 1989, OPM plans to increase the rate it charges NRC for conducting access authorization background investigations. Because the fees' that NRC charges its licensees for uaterial access authorizations and personnel security clearances are dependent on the rates charged by OPM for conducting the background investigations, the fee schedules in NRC regulations must be amended to reflect OPM's rate increase. OPM has increased the rate it charges I
for background investigations by approximately 8 percent. NRC is passing this additional cost to licensees. The amendments also inform licensees that they have the option, for an additional cost, of having their applications process-I ed in an expedited manner. These changes comply with current regulations requiring NRC to publish fee adjustments concurrent with notification of any changes in the rate charged the NRC by OPM for conducting the investigations.
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As a result of a legal challenge to portions of the SF 189-A, " Classified Infor-mation Nondisclosure Agreement," the Information Security Oversight Office has l
issued a final rule that implements the use of the SF 312, of the same title, in lieu of the SF 189-A. National Security Decision Directive 84 requires that l
all persons authorized acc.ess to classified information sign a nondisclosure l
agreement as a condition of access. The SF 312 replaces the SF 189-A to i
fulfill that requirement.
j Because these amendments deal solely with agency practice and procedure, the j
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notice and coment provisions of the Administrative Procedure Act do not apply l
pursuant to 5 U.S.C. 553(b)(A). Good cause exists to dispense with the usual 1 _ _ _ _ _ _ - _ - _ _ _ _ _ - _ _ _ _ _
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-c 30-day delay in effective date because the anendments are of a minor and administrative nature dealing with an adjustment in access authorization fees and implementation of the SF 312, in lieu of the SF 189-A.
Environmental Impact: Categorical Exclusion The NRC has detemined that this regulation is the type of action described as a categorical exclusion in 10 CFR 51.22Ic)(a). Therefore, neither an envi-ronmental impact statement nor an environmental assessment have been prepared 1
for this final rule.
Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection re-quirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0046, 3150-0047, and 3150-0062.
Regulatory Analysis The Comission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Comission. 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 Duane G. Kidd, Division of Security, Office of Administration, U. S. Nuclear Regulatory Consission, Washington, DC 20535, telephone:
(301)492-4124.
Backfit Analysis The hRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule, and therefore, that a backfit analysis is not required for -
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- this final rule, because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109fa)(1).
List of Subjects 10 CFR Part 11 Hazardous materials - Transportation, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material.
10 CFR Part 25 Classified information Investigations, Penalty, Reporting and recordkeeping requirements, Security measures.
10 CFR Part 95 Classified information, Fenalty, Reporting and recordkeepir.g 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 the Independent Office Appropriation Act of 1952 and 5 U.S.C.
552 and 553, the NRC is adopting the following amendments to CFR Parts 11, 25,
- 95.
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PART 11 - 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:
AUTHORITY:. Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201), sec. 2.01, 88 Stat.1242,asamended(42U.S.C.5841).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).
2.
In ill.15 paragraph (e)(1) is revised to read as follows:
E 11.15 Application for special nuclear material access authorization.
(e)(1)Eachapplicationforspecialnuclearmaterialaccessauthorization, 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:
1 NRC-U requiring full field investigation.........................$2,415 11 NRC-U requiring full field investigation (expedited processing)....................................................$2,932 iii NRC-U based on. certification of comparable full field background I
investigation.......................................................$0 I
tv NRC-U or R renewa1....................................................$15 1
y NRC-R................................................................$15 2
vi NRC-R based on certification of comparable investigation.............$0 _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ - _ _ _ _ _ - _ _ _ _
.)
1-4 1
If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $2,415.00 will be assessed prior to the conduct of the investigation.
2 If the NRC determines, based on its review of available data that a National Agency Check Investigation is necessary, a fee of $15.00 will be assessed prior to the conduct of the investigation; however, if a full field investigation is deuned necessary by the NRC based on its review of available data, a fee of $2,415.00 will be assessed prior to the conduct of the investigation.
PART 25 - ACCESS AUTHORIZATION 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), sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841), E.O.10865, as amended, 3 CFR 1959-1963 COIP., p. 398 (50 U.S.C. 401, note); E.O.12356, 47 FR 14874, April 6,1982.
Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273),
5525.13, 25.17 (a), 25.33 (b) and (c) are issued under sec. 1611, 6'8 Stat.
949, as amended (42 U.S.C. 2201/1)), and 1925.13 and 25.33(b) are also issued under sec, 1610, 68 Stat. 950, as amended (42 U.S.C. 2201/o)).
[25.18[ Removed]
- 4. Section 25.16 is to be removed.
j (25.23[ Amended]
- 5. In the second and fourth sentence of the introductory paragraph to (25.23, the references to SF 189-A are cheriged to read SF 312.
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Appendix A is. revised to read t.s follows:
APPENDIX A - FEES FOR.NRC ACCESS AUTHORIZATION Category Fee I
Initial "L" Access Authorization..........................................$15 L
I Rei nstatement of "L" Access Authoriz ation.................................$15 I
Extension or Transfer of "L" Access Authorization.........................$15 '
Initial."Q" Access Authorization......................................'.$2,415 Initial "Q" Access Authorization (expedited prrcessing)................$2,932 2
Reinstatement ' of "Q" Access Authoriza tion.............................. $2,415 Reinstatementof"Q"AccessAuthorization(expedited 2
. processing).........................................................$2,932 2
Extension or Transfer of "Q"...........................................$2,415 2
- Extension or Transfer of "Q" (expedited processing)........ 4.,........$2,932 1 If the NRC determines, Laced on its rw iew of avai16ble date, that a full field irnestigation is necessary, a fee of $2,415.00 will be assessed prior to the conduct of the investigation,,
!! Full fee will only be charged if investigation is required.
PART 95 - SECURITY FACILITY APPROVAL AND SAFEGUARDING OF HATIONAL SECURI1? INFORMATION AND RESTRICTED DATA 7.
The authority citation for Part 95 continues to read as follows:
AUTHORIN: Secs.145,161, 68 Stat. 942, 948, as amended (42 U.S.C. 2165, 1
2201), 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.0. 12356, 47 FR 14874, April 6, 1982.
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fpa the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
5695.13, 95.15/a), 95.25, 95.27, 95.29/b), 95.31, 95.33, 95.35, 95.37, 95.39, 95.41, 95.43, 95.45, 95.47, 95.51, 95.53, and 95.57 are also issued under sec. 1611, 68 Stat. 949, as amended I42 U.S.C. 2201I1)).
I95.33[ Amended]
8.
In the third sentence in i 95.33, the reference to SF 189-A is changed to read SF 312.
Dated at Rockville, haryland this & day 1989.
r For the Nuclear Regulatory Commission.
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" Fjds M. Taylor /7k ting D ecutive Director
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Operations.
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