ML20249C266

Final rules,10CFR11 & 25, Access Authorization Fee Schedule for Licensee Personnel

ML20249C266
Person / Time
Issue date:	02/13/1998
From:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20249C264	List: ML20249C263 ML20249C266
References
FRN-63FR25156 AF90-2-015, AF90-2-15, NUDOCS 9806260277
Download: ML20249C266 (10)

Text

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[7590-01-P]

. NUCLEAR REGULATORY COMMISSION 10 CFR Pads 11 and 25 RIN 3150-AF90 Access Authorization Fee Schedule -

for Licensee Personnel

' AGENCY: Nuclear Regulatory Commission.-

ACTION: Final rule.

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SL'MMARY: 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 Register).

FOR FURTHER INFORMATION CONTACT: Beth Bradshaw, Division of Facilities and l

Security, Office of Administration, U. S. Nuclear Regulatory Commission, Washington, DC 7

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' 20555-0001, telephone (301) 415-6540, or by Intemet electronic mail at MBB1@NRC. GOV.

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SUPPLEMENTARY INFORMATION: The OPM conducts access authorization background l

~ investigations for the NRC and sets the rates charged for these investigations. Effective 1

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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 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.

Environmentalimpact: Categorical Exclusion 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 l

. an environmental assessment has been prepared for this final rule.

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Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. (1997)). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0046 and 3150-0062.

Public Protection 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.

Regulatory Analysis The NRC has prepared a regulatory analysis on this final regulation. The analysis examines the costs and benefits of the attematives considered by the Commission. The i

analysis is available for inspection in the NRC Public Document Room,2120 L Street, NW l

(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 20555-0001, telephone: (301) 415-6540.

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Backfit Analysis The NRC har. Jetermined that the backfit rule does not apply to this final rule and a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109 (1997).

Small Business Regulatory Enforcement Faimess Act 1

i in accordance with the Small Business Regulatory Enforcement Faimess Act of 1996, 5

- U.S.C. 801 at seq. (1997) and 15 U.S.C. 657 (1997), the NRC has determined that this action is not a major rete and has verified this determination with the Office of Information and i

Regulatory Affairs of OMB.

.i List of Subjects

10 CFR Part 11

- Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and

- recordkeeping requirements, Security measures, Special nuclear material.

10 CFR Part 25 l

Classified information, Criminal penalties, Investigations, Reporting and recordkeeping requirements, Security measures.

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.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.

l 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 11 and 25.

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. 201,88 Stat.

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

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L Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).

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2. In $11.15 paragraph (e)(1) is revised to read as follows:

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$ 11.15 Application for special nuclear material access authorization.

(e)(1) Each application for special nuclear material access authorization, renewal, or l

change in level must be accompanied by the licensee's remittance, payable to the U.S. Nuclear

~ Regulatory Commission, according to the following schedule:

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NRC-U requiring full field investigation........................... $3,275 ii. NRC-U requiring full field investigation (expedited

- processing)............................................... $3,800 i

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' lii. NR'C-U based on certification of comparable full field L

background investigation........................................ '$0 iv. NRC-U or R renewal.............................. '............. '880 v.

N R C-R..................................................... ' $ 8 0 vi. NRC-R based on certification of comparable.

investigation................................................. 23o

' If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $3,275 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 and Credit investigation is necessary, a fee of $80.00 will be assessed prior to the conduct of the investigation; however, if a full field investigation is deemed necessary by the NRC, based on its review of available data, a fee of $3,275 will be assessed prior to the conduct of the investigation.

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PART25-ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL l

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 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:

APPENDIX A TO PART 25 - FEES FOR NRC ACCESS AUTHORIZATION Category Fee Initial "L" Access Authorization............................................ '480 Reinstatement of "L" Access Authorization.................................. $80 ll Extension or Transfer of "L" Access Authorization............................. $80

. Initial "Q" Access Authorization........................................ $3,275 l

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_ _ _ _ = _ _ - _ _

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' Initial"Q" Access Authorization (expedited -

proce s sing)....................................................... $3,8 00 Reinstatement of "Q" Access Authorization..............................

2$3,275

- Reinstatement of"Q" Access Authorization (expedited proce s sin g)..................................................,..

2$3,8 00 Extension or Transfer of "Q" 2$3,275 Extension or Transfer of "Q" (expedited processing).......................

2$3,800

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1 If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $3,275 will be assessed prior to the conduct of the investigation.

2 Full fee will only be charged if investigation is required, i

Dated at Rockville, Maryland, this,/

day 1958.

For the Nuclear Regulatory Commission.

L. Joseph pplian, Executive Director for Operations.

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+p0 REGULATORY ANALYSIS

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Statement of Problem Effective October 1,199I, 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.

2.

Obiective The objective of this regulatory initiative is to inform licensees and other nongovemmental bodies of OPM's rate changes for the conduct of background investigations.

3.

Altematives

There is no reasonable attemative to the revision of these regulations that would achieve the desired result.

4.

Consequences There are approximately 20 affec'.sd entities licensed by the NRC. Each licensee who uses, processes, stores, transmits, or delivers to a canier for transport, 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

' business must have a personnel security clearance granted to them under Part 25. Each application for special nuclear material access authorization or a personnel security clearance must be accompanied by the licensee's remittance payable to NRC.

Because OPM is changing the rates they charge for background investigations, NRC is passing the rate changes on to the lice nsees. The changes in cost to the licensees will not have an impact on either NRC programs or requirements at these facilities.

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Decision Rationale The only available method of imposing this requirement on selected licensees is to revise 10 CFR Pads 11 and 25.

I 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.

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Implementation The Division of Facilities and Security intends to publish the final' rule amending 10 CFR

. Parts 11 and 25 by March 1998.

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CONGRESSIONAL CORRESPONDING SYSTEM l~

DOCUMENT PREPARATION GEmisy This check list is to be submitted with each document (or group of Qs/As) sentforprocessing into the CC5,

1. BRIEFDESCRIPHON OFDOCUMENT(S)

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2. TYPE OFDOCUMENT X CORRESPONDING HE4 RINGS (Qs/As) 1 3, DOCUMENT CONIROL _. SENSITIVE (NRC ONLY) X NON-SENSITIVE

4. CONG5tESS10NAL COMMITIEE AND SUBCOMMITTEE ({fapplicable)

Congressional Committee Subcomminee S. SURIECT CODES (A)

(B)

(C)

6. ' SOURG OFDOCUMENTS (A) 5520 (DOCUMENT NAME

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, B)

SCAN (C)

ATTAGMENTS

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(D),

OTHER

7. SY.ury LPG DATES (A) /f/ft//f6 DATA OCA SENTDOCUMENT TO CCS l

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(B)

DATE CCS RECE7VED DOCUMENT (C)

DATE RETURNED TO OCA FOR ADDITIONAL INFORMATION l

(D)

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DATE RESUBMITTED BY OCA ID CCS (E)

DATE ENTERED INTO CC5 BY (F)

DATE OC4 NOTIFIED TflATDOCUMENTISIN CCS 1

COMMENTS:

....,a u i 4 RELEASE TO PDR e

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