ML23156A093
| ML23156A093 | |
| Person / Time | |
|---|---|
| Issue date: | 10/04/1989 |
| From: | Taylor J NRC/EDO |
| To: | |
| References | |
| 54FR40859, PR-011, PR-025, PR-095 | |
| Download: ML23156A093 (1) | |
Text
DOCUMENT DATE:
TITLE:
CASE
REFERENCE:
KEYWORD:
ADAMS Template: SECY-067 10/04/1989 PR-011,025,095 - 54FR40859 - ACCESS AUTHORIZATION FEE SCHEDULE FOR LICENSEE PERSONNEL AND IMPLEMENTATION OF THE SF 312 PR-011,025,095 54FR40859 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
STATUS OF RULEMAKING PROPOSED RULE:
PR-011,025,095 OPEN ITEM (Y/N) N RULE NAME:
ACCESS AUTHORIZATION FEE SCHEDULE FOR LICENSEE PER SONNEL AND IMPLEMENTATION OF THE SF 312 PROPOSED RULE FED REG CITE:
54FR40859 PROPOSED RULE PUBLICATION DATE:
10/04/89 NUMBER OF COMMENTS:
ORIGINAL DATE FOR COMMENTS:
I I
EXTENSION DATE:
I I
0 FINAL RULE PED. REG. '"CITE: 54FR40859 FINAL RULE PUBLICATION DATE: 10/04/89 NOTES OH RULE AMENDED BY FR PUB. ON 2/14/91 AT 56 FR 05926; BY FR PUB. OH 9 TATUS
/10/92 AT 57 FR 41375 AND BY FR PUB. ON 8/23/93 AT 58 FR 44435.
F RULE FILE LOCATED OH Pl.
TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-011,025,095
,i, '
RULE TITLE:
ACCESS AUTHORIZATION FEE SCHEDULE FOR LICENSEE PER SONNEL AND IMPLEMENTATION OF THE SF 312
.OPOSED RULE SECY PAPER:
FINAL RULE SECY PAPER:
CONTACTl: DUANE KIDD CONTACT2:
PROPOSED RULE SRM DATE:
I FINAL RULE SRM DATE:
I STAFF CONTACTS OH DATE PROPOSED RULE I
SIGNED BY SECRETARY:
DATE FINAL RULE I
SIGNED BY SECRETARY:
THE RULE MAIL STOP: MNBB5721 PHONE:
MAIL STOP:
PHONE:
09/22/89 09/22/89 492-4124
DOCKET NO. PR-011,025,095 (54FR40859)
In the Matter of ACCESS AUTHORIZATION FEE SCHEDULE FOR LICENSEE PER SONNEL AND IMPLEMENTATION OF THE SF 312 DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 09/26/89 09/22/89 FEDERAL REGISTER NOTICE - FINAL RULE 02/12/91 02/04/91 FEDERAL REGISTER NOTICE - FINAL RULE 09/08/92 08/24/92 AMENDMENT TO RULE PUBLISHED ON 9/10/92 AT 57 FR 41375.
[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 RIN:
3150-AE68,
- 93 A 'G 19 P 2 :33 Access Authorization Fee Schedule for Licensee Personnel AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
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 NRC will 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.
EFFECTIVE DATE:
September 22, 1993.
FOR FURTHER INFORMATION CONTACT:
Sandra I. Schoenmann, Division of Security, Office of Administration, U. S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-8774.
SUPPLEMENTARY INFORMATION:
The OPM conducts access authorization 1
background investigations for the NRC and sets the rate charged for these investigations.
Effective October 1, 1993, OPM will increase the rate it charges NRC for conducting access authorization background investigations.
Because the fees that NRC charges its licensees for 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 increase.
OPM is increasing the rate it charges for background investigations by approximately 25 percent.
NRC is passing this additional cost to licensees.
These changes comply with current regulations that provide that NRC will publish fee adjustments concurrent with notification of any changes in the rate charged the NRC by OPM for conducting the investigations.
This amendment deals solely with ag~ncy practice and procedures of a minor and administrative nature.
Previous publications of this rule advised that, from time to time, the agency would publish revisions of the rule to accommodate adjustments in the fee schedule.
Since the public had the opportunity to comment on this aspect of Parts 11 and 25 as a proposed rule, it is not considered that any further benefit would accrue from additional public comment at this time.
Under 2
the circumstances, the NRC, for good cause, finds that the notice and comment provisions of the Administrative Procedure Act are unnecessary pursuant to 5 u.s.c. §553 (b) (B).
Environmental Impact:
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).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final 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 approved by the Office of Management and Budget, approval numbers 3150-0046 and 3150-0062.
Regulatory Analysis The Commission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Commission.
The analysis is available for inspection in the NRC Public Document Room, 2120 L Street, NW.
(Lower Level), Washington, DC.
Single copies of 3
the analysis may be obtained from Sandra I. Schoenmann, Division of Security, Office of Administration, U. s. Nuclear Regulatory Commission, Washington, DC 20555, telephone:
(301) 492-8774.
Backfit Analysis The Commission has determined that the backfit rule, 10 CFR
§50.109, does not apply to this final rule and, therefore, a backfit analysis is not required because this amendment does not involve any provisions which would impose backfits as defined in 10 CFR §50.109 (a) (1).
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 Classified information, Criminal penalties, Investigations, Reporting and recordkeeping requirements, Security measures.
For the reasons set out in the preamble and under the 4
authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 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. 1242, as amended (42 u.s.c. 5841).
Section ll.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).
- 2.
In §11.15 paragraph (e) (1) is revised to read as follows:
§ 11.15 Application for special nuclear material access authorization.
(e) (1) Each application for special nuclear material access authorization, renewal, or change in level must be accompanied by 5
the licensee's remittance, payable to the U.S. Nuclear Regulatory Commission, according to the following schedule:
- i.
NRC-U requiring full field investigation.. $3,800 ii.
NRC-U requiring full field investigation (expedited iii.
iv.
- v.
processing)
... $4,300 NRC-U based on certification of comparable full field background investigation NRC-U or R renewal..
NRC-R...
vi.
NRC-R based on certification of comparable investigation.
1 If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $3,800 will be assessed prior to the conduct of the investigation.
6
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 $67.00 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 $3,800 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.0. 10865, as amended, 3 CFR 1959-1963 COMP., 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).
- 4.
Appendix A to Part 25 is revised to read as follows:
7
APPENDIX A TO PART 25 -
FEES FOR NRC ACCESS AUTHORIZATION Category Fee Initial "L" Access Authorization Reinstatement of "L" Access Authorization...
Extension or Transfer of "L" Access Authorization Initial "Q" Access Authorization
.. $3,800 Initial "Q" Access Authorization (expedited processing)
... $4,300 Reinstatement of "Q" Access Authorization..
Reinstatement of "Q" Access Authorization (expedited processing)
Extension or Transfer of "Q" Extension or Transfer of "Q" (expedited processing).
8
1 If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of
$3,800 will be assessed prior to the conduct of the investigation.
2
.. Full fee will only be charged if investigation is required.
Dated at Rockville, Maryland this. /t)J/t day 4L,1993.
For the Nuclear Regulatory Commission.
9
DOCKET NU BER pa p OPOSEO RULE..!.!!..kJ..M,,.,11___.
Cf-t f rz Lt o ~s 1 J DOCKETCO t..U~ -~ K", ~~!~
USNRf,? 590-01]
- l,; NJtfflt;ijiJO~: ~
... ~*:
- .!-ii
~ *. -
- ...- *
- r,l.:.~
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 RIN: 3150-AE32
- /?Ufe,/WT,/A.I....,./4..,_
"92 SEP -8 A 9 :21 Access Authorization Fee Schedule for Licensee Personnel AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
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 NRC will 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.
This rule also inserts full identification (NRC Form number and name) of several forms used in the NRC personnel security process.
1
EFFECTIVE DATE:
(30 Days after date of publication in the Federal Register).
FOR FURTHER INFORMATION CONTACT:
Duane G. Kidd, Assistant to the Director, Division of Security, Office of Administration, U. s.
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-4127.
SUPPLEMENTARY INFORMATION:
The OPM conducts access authorization background investigations for the NRC and sets the rate charged for these investigations.
Effective October 1, 1992, OPM will increase the rate it charges NRC for conducting access authorization background investigations.
Because the fees that NRC charges its licensees for 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 increase.
OPM is increasing the rate it charges for background investigations by approximately 15 percent.
NRC is passing this additional cost to licensees.
These changes comply with current regulations that provide that NRC will publish fee adjustments concurrent with notification of any changes in the rate charged the NRC by OPM for conducting the investigations.
2
~----
This rule also inserts full identification (NRC Form number and name) of several forms used in the NRC personnel security process into§§ 25.21(b) and 25.27.
The previous text contained only the name or the form number, but not both.
Because these amendments deal solely 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).
Environmental Impact: 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).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act statement This final 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 approved by the Office of Management and Budget, approval numbers 3150-0046 and 3150-0062.
3
Regulatory Analysis The Commission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Commission.
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 Commission, Washington, DC 20555, telephone: (301} 492-4127.
Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, applies to this rulemaking initiative because it falls within the criteria of 10 CFR Part 50.109(a) (1), but that a backfit analysis is not required because this rulemaking qualifies for exemption under 10 CFR 50.109(a) (4) (iii) that reads "That the regulatory action involves... redefining what level of protection to the
... common defense and security should be regarded as adequate."
4
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 Classified information, Criminal penalty, Investigations, Reporting and recordkeeping 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 5 u.s.c. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 11 and 25.
5
. - -- --- *--- - --- --- ---- -------~
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. 1242, as amended (42 u.s.c. 5841).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).
- 2.
In §11.15 paragraph (e) (1) is revised to read as follows:
§ 11.15 Application for special nuclear material access authorization.
(e) (1) Each application for special nuclear material access authorization, 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:
- i.
NRC-U requiring full field investigation.. $3,000 6
ii.
NRC-U requiring full field investigation (expedited processing)
... $3,400 iii.
NRC-U based on certification of comparable full field background investigation iv.
NRC-U or R renewal...........
- v.
NRC-R
- vi.
NRC-R based on certification of comparable investigation..
1 If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $3,000 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 $52.00 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 $3,000 will be assessed prior to the conduct of the investigation.
7
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 COMP., 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); §§25.13, 25.17(a), 25.33(b) and (c) are issued under sec. 16li, 68 Stat. 949, as amended {42 U.S.C. 220l{i));
and §§25.13 and 25.33(b) are issued under sec. 1610, 68 Stat.
950, as amended (42 u.s.c. 2201(0)).
8
- 4.
In §25.21 paragraph (b) is revised to read as follows:
§ 25.21 Determination of initial and continued eligibility for access authorization.
(b) The NRC Division of Security must be promptl y notified of developments that bear on continued eligibility for access authorization throughout the period for which the authorization is active (e.g., persons who marry subsequent to the completion of a personnel security packet must report this change by submitting a completed NRC Form 354, Data Report on Spouse ).
- 5.
Section 25.27 is revised to read as follows:
§ 25.27 Reopening of cases in which requests for access authorizations are cancelled.
(a) In conjunction with a new request for access authorization (NRC Form 237) for individuals whose cases were previously cancelled, new fingerprint cards (FD-257) in dupli cate 9
and a new Security Acknowledgment (NRC Form 176) must be furnished to the NRC Division of Security along with the request.
(b) Additionally, if 90 days or more have elapsed since the date of the last Questionnaire for Sensitive Positions (SF-86), the individual must complete a personnel security packet (see 25.17(c)).
The NRC Division of Security, based on investigative or other needs, may require a complete personnel security packet in other cases as well.
A fee, equal to the amount paid for an initial request, will be charged only if a new or updating investigation is required.
- 6.
Appendix A is revised to read as follows:
APPENDIX A -
FEES fOR NRC ACCESS AUTHORIZATION category Fee Initial "L" Access Authorization Reinstatement of "L" Access Authorization...
Extension or Transfer of "L" Access Authorization..
1$52 Initial "Q" Access Authorization
.... $3,000 10
Initial "Q" Access Authorization (expedited processing)
- * * * * * * " * * * * * * * * * * * $3 I 400 Reinstatement of "Q" Access Authorization..
2$3, 000 Reinstatement of "Q" Access Authorization (expedited processing}
Extension or Transfer of "Q" 2$3, 000 Extension or Transfer of "Q" (expedited processing).
1 If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of
$3,000 will be assessed prior to the conduct of the investigation.
2 Full fee will only be charged if investigation is required.
Dated at Rockville, Maryland this.:z#day of-¥,1992.
For the Nuclear Regulatory Commission.
r for Operations.
11
1 I
DOCKET~ UMBER ildft /1:r ZE y- ~5 PROPOSED RULE r (j f F£ jO Z'5 V COCK[i[O USN~C (7590-01]
NUCLEAR REGULATORY COMMISSION
- 91 FEB 12 Al 1 :4 3 10 CFR Parts 11 and 25 RIN: 3150-AD76 Access Authorization Fee Scheduie iA for Licensee Personnel AGENCY:
Nuclear Regulatory Commission.
ACTION:
Final rule.
SUMMARY
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 NRC will 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.
This rule is necessary to inform the public of the changes to the fee schedules in the NRC's regulations.
EFFECTIVE DATE: (Date of Publication in the Federal Register).
FOR FURTHER INFORMATION CONTACT:
Duane G. Kidd, Assistant to the Director, Division of Security, Office of Administration, U. s.
1
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-4127.
SUPPLEMENTARY INFORMATION:
The OPM conducts access authorization background investigations for the NRC and sets the rate charged for these investigations. Effective October 1, 1990, OPM increased the rate it charges NRC for conducting access authorization background investigations.
Because the fees that NRC charges its licensees for material 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 the OPM rate increase.
OPM has increased the rate it charges for background investigations by approximately 8%.
NRC is passing this additional cost to licensees.
These changes comply with current regulations that provide that NRC will publish fee adjustments concurrent with notification of any changes in the rate charged the NRC by OPM for conducting the investigations.
Because these amendments deal solely 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). Good cause exists to dispense with the usual 30-day delay in effective date because the amendments are of a minor and 2
administrative nature dealing with an adjustment in access authorization fees.
Environmental Impact: 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).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act statement This final 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 approved by the Office of Management and Budget, approval numbers 3150-0046 and 3150-0062.
Regulatory Analysis The Commission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Commission.
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 3
Security, Office of Administration, U. s. Nuclear Regulatory Commission, Washington, DC 20555, telephone: (301) 492-4127.
Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule and, therefore, a backfit analysis is not required because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109 (a) (1).
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 Classified information, Investigations, Penalty, Reporting and recordkeeping 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 4
Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 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. 1242, as amended (42 u.s.c. 5841).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 u.s.c. 483a).
- 2.
In §11.15 paragraph (e) (1) is revised to read as follows:
§ 11.15 Application for special nuclear material access authorization.
(e) (1) Each application for special nuclear material access authorization, renewal, or change in level must be accompanied by 5
the licensee's remittance, payable to the U.S. Nuclear Regulatory Commission, according to the following schedule:
i NRC-U requiring full field investigation.** $2,600 ii NRC-U requiring full field investigation (expedited processing)....
. *. $3,000 iii NRC-U based on certification of comparable full field background investigation iv V
1 NRC-U or R renewal........*****.* $45 NRC-R 1
$4 5 vi NRC-R based on certification of comparable investigation 1
If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of
$2,600 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 6
necessary, a fee of $45.00 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 $2,600 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.0. 10865, as amended, 3 CFR 1959-1963 COMP., 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); §§25.13, 25.17{a), 25.33(b) and {c) are issued under sec. 16li, 68 Stat. 949, as amended {42 u.s.c. 220l(i));
and §§25.13 and 25.33(b) are issued under sec. 1610, 68 Stat.
950, as amended (42 u.s.c. 2201(0)).
7
- 4.
Appendix A is revised to read as follows:
APPENDIX A -
FEES fOR NRC ACCESS AUTHORIZATION Category Fee Initial "L" Access Authorization 1
$4 5 Reinstatement of "L" Access Authorization *******. 1$45 Extension or Transfer of "L" Access Authorization **.. 1$45 Initial "Q" Access Authorization *...******* $2,600 Initial "Q" Access Authorization (expedited processing) ****.*.*....**....*** $3,000 Reinstatement of "Q" Access Authorization **...*
Reinstatement of "Q" Access Authorization (expedited processing)
Extension or Transfer of "Q" Extension or Transfer of "Q" (expedited processing)
- 8
l 1
If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of
$2,600 will be assessed prior to the conduct of the investigation.
2 Full fee will only be charged if investigation is required.
Dated at Rockville, Maryland this
-'ft(_ day ~,199,t.
For the Nuclear Regulatory Commission.
9
DOCKET NUMBER PR
/ :;_ 5 1 I PROP SEO RULE 7
. )
'J
( jv F'/2 L/O~~cr NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11, 25, and 95 RIN:
3150-AD24 Access Authorization Fee Schedule for Licensee Personnel and Implementation of the SF 312 AGENCY:
Nuclear Regulatory Comission.
ACTION:
Final Rule.
.:.r::
f:,,.,(
DOCK[EQ f6~1~
.. 0sure A
SUMMARY
The Nuclear Regulatory Convnission '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 requiring NRC to publish fee adjustments concurrent with notifications of any changes in the rate charged the NRC by the Office of Personnel Management fOPM) for conducting investigations. The amendments also infonn licensees that they have the option, for an additional cost, to have 4t their applications processed in an expedited manner.
The NRC is also amending its regulations to require each person to complete a Standard Form 312, wclassified Information Nondisclosure Agreement,w when granted an NRC access authorization.
EFFECT! VE D,4 TE:
'Date of publication in the Federal Register)
FOR FURTHER INFORMATION CONTACT:
Duane G. Kidd, Chief, Faci litfes Security and Operational Support Branch, Division of Security, Office of Administration, U.S. Nuclear Regulatory Corrmission, Washington, DC 20555, telephone '301) 492-4124.
f ~ b I, ~ t, J,- r, l !. c:
f~ J r,., /
p__(' 3 :.5 f u-0 (),u-<t--:?,
,, oa I' },N.
SUPPLEMENTARY INFORMATION:
The OPM conducts access authorization background investigations for the NRC and sets the rate charged for these investigations.
Effective October l, 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 *~aterial 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 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-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.
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 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 all persons authorized access to classified information sign a nondisclosure agreement as a condition of access. The SF 312 replaces the SF 189-A to fulfill that requirement.
Because these amendments deal solely with agency practice and procedure, the notice and cormient provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(A).
Good cause exists to dispense with the usual 30-day delay in effective date because the amendments 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 determined that this regulation is the type of action described as a categorical exclusion in 10 CFR 51.221c)la). Therefore, neither an envi-ronmental impact statement nor an environmental assessment have been prepared 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 f44 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 Con111ission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Colmlission.
The analysis is available for inspection in the NRC Public Document Room, 2120 11L 11 Street, NW flower 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 CoDlllission, Washington, DC 20555, telephone:
fJOl) 492-4124.
Backfit Analysis The NRC 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 this final rule, because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.l09'a)fl).
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, Penalty, 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 am~nded, 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.
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. 1242, as amended (42 U.S.C. 5841).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).
- 2. In §11.15 paragraph (e){l) is revised to read as follows:
§ 11.15 Application for special nuclear material access authorization.
(e)(l) Each application for special nuclear material access authorization, renewal, or change in level must be accompanied by the licensee's remittance, payable to the U.S. Nuclear Regulatory Con111ission, according to the following schedule:
i NRC-U requiring full field investigation ************************* $2,415 ii NRC-U requiring full field investigation (expedited processing) *.****....***.*.**..*****.*..**.******..*****....*** $2,932 iii NRC-U based on certification of comparable full field background iv V
vi investigation **************************.**************************** $01 NRC-U or R renewal.***********.**..******************.**.***.**....*.. $15 NRC-R ************************************************************.*** $15 NRC-R based on certification of comparable investigation ************. $02 1 1
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 deemed 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 f42 U.S.C. 2165, 2201), sec. 201, 88 Stat. 1242, as amended f42 U.S.C. 5841), E.O. 10865, as amended, 3 CFR 1959-1963 COMP., p. 398 f50 U.S.C. 401, note); E.O. 12356, 47 FR 14874, April 6, 1982.
Appendix A also issued under 96 Stat. 1051 131 U.S.C. 9701).
For the purposes of sec. 223, 68 Stat. 958, as amended r42 U.S.C. £273),
§§25.13, 25.17 fa), 25.33 lb) and fc) are issued under sec. 1611, 68 Stat.
949, as amended 142 U.S.C. 2201'1)), and §§25.13 and 25.JJfb) are also issued under sec. 1610, 68 Stat. *950, as amended 142 u.s.c. 220110)).
§25.18 [Removed]
- 4. Section 25.16 is to be removed.
§25.23 [Amended]
- 5. In the second and fourth sentence of the introductory paragraph to §25.23, the references to SF 189-A are changed to read SF 312.
- 6.
Appendix A is revised to read as follows:
APPENDIX A - FEES FOR NRC ACCESS AUTHORIZATION Category Fee Initial 11L" Access Authorization ****************************************** $151 Reinstatement of "L" Access Authorization ********************************* $151 Extension or Transfer of "L" Access Authorization ************************* $151 Initial "Q" Access Authorization *************************************** $2,415 Initial "Q* Access Authorization {expedited processing) **************** $2,932 Reinstatement of "Q" Access Authorization ****************************** $2,4152 Reinstatement of "Q" Access Authorization {expedited processing) *****************************************************.*** $2,9322 Extension or Transfer of "Q" ******************************************* $2,4152 Extension or Transfer of "Q" {expedited processing) ******************** $2,9322 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 Full fee will only be charged if investigation is required.
PART 95 - SECURITY FACILITY APPROVAL AND SAFEGUARDING OF NATIONAL SECURITY INFORMATION AND RESTRICTED DATA
- 7.
The authority citation for Part 95 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. 12356, 47 FR 14874, April 6, 1982.
for the purposes of sec. 223, 68 Stat. 958, as amended f42 U.S.C. 2273);
§§95.13, 95.15fa), 95.25, 95.27, 95.29fb), 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.
16li, 68 Stat. 949, as amended /42 U.S.C. 220lfi)).
§ 95.33 [Amended]
- 8.
In the third sentence in§ 95.33, the reference to Sf 189-A is changed to read SF 312.
Dated at Rockville, Maryland this ~,(day-¥-, 1989.
For the Nuclear Regulatory Commission.