ML23156A348

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PR-11 - 56FR49435 - DOE-L or DOE-Q Reinvestigation Program for NRC-R
ML23156A348
Person / Time
Issue date: 09/30/1991
From: Taylor J
NRC/EDO
To:
References
PR-11, 56FR49435
Download: ML23156A348 (1)
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Text

DOCUMENT DATE:

TITLE:

CASE

REFERENCE:

KEYWORD:

, ADAMS Template: SECY-067 09/30/1991 PR-11 -56FR49435-DOE-L OR DOE-Q REINVESTIGATION PROGRAM FOR NRC-R PR-11 56FR49435 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OP ROLEMARING PROPOSED ROLE:

PR-11 OPEN ITEM (Y/N) N ROLE NAME:

DOE-LOR DOE-Q REINVESTIGATION PROGRAM FOR NRC-R ACCESS AUTHORIZATION RENEWAL REQUIREMENTS PROPOSED ROLB PED REG CITE:

561'R49435 PROPOSED ROLE PUBLICATION DATE:

09/30/91 ORIGINAL DATE POR COMMENTS: 10/30/91 NUMBER OP COMMENTS:

EXTENSION DATE:

I I

1 FINAL ROLE FED. REG. CITE: 57FR02441 PINAL ROLE PUBLICATION DATE: 01/22/91 NOTES ON PROPOSED AND FINAL ROLES SIGNED BY EDO.

FILE LOCATED ON Pl.

TATUS I' ROLB TO FIND THE STAFF CONTACT OR VIEW THB ROLEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OP THE ROLE PART APPECTED: PR-11 ROLB TITLBI

.OPOSED ROLE SECY PAPER:

PINAL ROLE SECY PAPER:

DOB-LOR DOE-Q REINVESTIGATION PROGRAM FOR NRC-R ACCESS AUTHORIZATION RENEWAL REQUIREMENTS PROPOSED ROLE SRM DATE:

FINAL ROLE SRM DATE:

I I

I I

DATE PROPOSED ROLE SIGNED BY SECRETARY:

09/18/91 DATE FINAL ROLE SIGNED BY SECRETARY:

01/09/92 STAFF CONTACTS ON THE ROLB CONTACTl: ROCIO CASTANEIRA CONTACT2:

MAIL STOP: 4E4 MAIL STOP:

PHONE: 492-0392 PHONE:

DOCKET NO. PR-11

{56FR49435)

In the Matter of DOE-LOR DOE-Q REINVESTIGATION PROGRAM FOR NRC-R ACCESS AUTHORIZATION RENEWAL REQUIREMENTS DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 09/25/91 09/18/91 FEDERAL REGISTER NOTICE - PROPOSED RULE 10/28/91 10/23/91 COMMENT OF BABCOCK l WILCOX, NAVAL NUC. FUEL DIV.

(R. W. CARSON, JR.) (

1) 01/10/92 01/09/92 FEDERAL REGISTER NOTICE - FINAL RULE

'DOCKET NUMBEH Pl ' (

AOPOSEO RULE~~

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LJ1135}

NUCLEAR REGULATORY COMMISSION 10 CFR PART 11 RIN 3150-AE0J DOE-LOR DOE-Q REINVESTIGATION PROGRAM DOCKEiEO

[7590-01]

USNHC

  • 92 JAN 10 All :4 FOR NRC-R ACCESS AUTHORIZATION RENEWAL REQUIREMENTS AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to allow an exception to NRC-R access authorization renewal requirements.

The final rule allows acceptance of the DOE-Lor DOE-Q Reinvestigation Program for NRC-R access authorization renewal requirements and reduces and clarifies for the *-=-licensee the documentation required by the NRC when an exception is used.

The final rule is intended to reduce administrative and investigative costs to affected licensees and administrative costs to the Federal government.

Affected licensees are those who use or possess a formula quantity of special nuclear material.

~12//'f :i.,

EFFECTIVE DATE:

(30 days after publication in the Federal Register.)

FOR FURTHER INFORMATION CONTACT:

Ms. Rocio Castaneira, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory commission, Washington, DC 20555, telephone (301) 504-2392.

SUPPLEMENTARY INFORMATION:

Background

In 1985, 10 CFR Part 11, "Criteria and Procedures for Determining Eligibility for Access to or Control over Special Nuclear Material" was amended in §11.15 to allow, among other things, an exception in the access authorization renewal requirements for NRC-U renewals.

These requirements apply to licensees who use or possess a formula quantity of special nuclear material.

An NRC-U special nuclear material access authorization is required for --

(1)

All positions in the licensee's security force:

(2)

Management positions with the authority to direct the actions of members of the security force or alter security procedures, direct routine movements of special nuclear material, or direct the routine status of vital equipment:

(3)

All jobs which require unescorted access within onsite alarm stations; and (4)

All jobs which require unescorted access to special nuclear material or within vital areas.

2

The NRC provided an exception in §11.15 that allowed individuals subject to the Department of Energy's (DOE) Selective Reinvestigation Program for OOE-Q access authorization to use the DOE reinvestigation for NRC-U renewal requirements.

The investigative basis for the DOE-Q is comparable to the investigative basis of the NRC-U.

Allowing this exception for NRC-U renewal requirements reduced administrative and investigative costs to the licensees and avoided duplicate investigations of an individual

  • However, in 1985, the DOE-L Selective Reinvestigation Program did not meet NRC-R renewal requirements.

Therefore, no provisions were made for allowing the use of the DOE-L Selective Reinvestigation Program for NRC-R renewal requirements.

An NRC-R special nuclear material access authorization is required for an individual whose job requires unescorted access within protected areas but does not fall within any of the categories that require an NRC-U access authorization

  • Subsequently, DOE implemented an "L" Reinvestigation Program which meets NRC-R renewal requirements.

Accordingly, the NRC has determined that it would be appropriate to amend Part 11 to include the DOE-L program.

The NRC has also determined that allowing the DOE-Q Reinvestigation Program for NRC-R renewal requirements would be appropriate.

The NRC has found that many individuals that have NRC-R access authorizations also have DOE-Q clearances and are thereby subject to reinvestigation by DOE.

3

Additionally, the title of the DOE program is changed to reflect its current title, i.e., "DOE Reinvestigation Program."

PUblic Comments On September 30, 1991, the proposed rule was published for comment (56 FR 49435).

The comment period expired on October 30, 1991.

One comment was received during the comment period.

The commenter agreed that amending the rule would be appropriate to allow the use of the DOE-Q or DOE-L Reinvestigation Program for NRC-R renewal requirements.

However, the commenter objected to the documentation required to be submitted to the NRC when the exceptions allowed were used.

Specifically, the proposed rule would have required the licensee to submit a duplicate security clearance package to the NRC when submitting the individual's security clearance package to the DOE for a reinvestigation.

The commenter recommended that the licensee provide the NRC with critical identifying data on the individual when submitting that individual's security clearance package to the DOE for reinvestigation.

If a need arises, the NRC can obtain copies of the security clearance package from the DOE.

This comment has been adopted for the NRC-R renewal requirements and expanded to the NRC-U renewal requirements, and the final rule has been revised to incorporate this comment.

Additionally, in order to conform other regulatory 4

text with the planned changes, the introductory text to paragraph (c){l) has been revised.

Environmental Impact:

categorical Exclusion The NRC has determined that this regulation is the type of action described as a categorical exclusion in 10 CFR 51.22(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 number 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, Room LL6, 2120 L street, NW. (Lower Level), Washington, DC.

Single 5

copies of the analysis may be obtained from Ms. Rocio Castaneira, Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 504-2392.

Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980, 5

~

_u.s.c. 605(b), the Commission certifies that this final rule does not have a significant*economic impact upon a substantial number of small entities.

The final rule affects three nuclear fuel facility licensees.

Because these licensees are not classified as small entities as defined by the NRC's size standards (November 6, 1991; 56 FR 56671), the commission finds that this final rule does not have a significant economic impact upon a substantial number of small entities

6

List of Subjects in 10 CFR Part 11 Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material.

For the reasons set out in the preamble and under the

~uthority 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 Part 11.

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.lS(e) also issued under sec. 501, 85 Stat. 290 (31 u.s.c. 483a).

2.

In §11.15, the introductory text of paragraph (c) (1) is revised, paragraph (c)(2) is revised, paragraph (c) (3) is redesignated as paragraph (c)(5) and revised, and new paragraphs (c)(3) and (c) (4) are added to read as follows:

7

111.15 Application for special nuclear material access authorization (c)(l)

Except as provided in paragraphs (c) (2) and (c) (3) of this section, NRC-U and NRC-R special nuclear material acc~ss authorizations must expire 5 years from the date_of issuance. If continued NRC-U and NRC-R special nuclear material access authorization is required, an application for renewal must be submitted at least 120 days prior to its expiration date

Special nuclear material access authorization for which a timely application for renewal has been made may be continued beyond the expiration date pending final action on the application.

An application for renewal must include:

(2)

An exception to the NRC-U special nuclear material access authorization expiration date and the time for submission of NRC-U special nuclear material access authorization renewal applications is provided for those individuals who have a current and active DOE-Q access authorization and who are subject to DOE Reinvestigation Program requirements. For these individuals, the time for submission of NRC-U special nuclear material access authorization renewal applications may coincide with the time for submission to DOE of the SF-86 pursuant to DOE Reinvestigation 8

Program requirements.

The licensee may submit to NRC, concurrent with its reinvestigation submission to DOE, a completed NRC Form 237, "Request for Access Authorization," containing the individual's full name, to include social security number, date of birth, reinvestigation submittal date to DOE, type of request, i.e., renewal, and the information required by paragraph (c)(l}(i) of this section, as the supporting documentation for an NRC-U special nuclear material access authorization renewal application.

Any NRC-U special nuclear material access authorization issued in response to a renewal application submitted pursuant to this paragraph will not expire until the date set by DOE for the next reinvestigation of the individual pursuant to DOE's Reinvestigation Program (generally every five years).

NRC-U special nuclear material access authorizations for which timely applications for renewal have been made may be continued beyond the expiration date, pending final action on the application *

(3)

An exception to the NRC-R special nuclear material access authorization expiration date and the time for submission of NRC-R special nuclear material access authorization renewal applications is provided for those individuals who have a current and active DOE-Lor DOE-Q access authorization and who are subject to DOE Reinvestigation Program requirements.

For these individuals, the time for submission of NRC-R special nuclear material access authorization renewal applications may coincide 9

with the time for submission to DOE of the SF-86 pursuant to DOE Reinvestigation Program requirements.

The licensee may submit to NRC, concurrent with its reinvestigation submission to DOE, a completed NRC Form 237, "Request for Access Authorization,"

containing the individual's full name, to include social security number, date of birth, reinvestigation submittal date to DOE, and type of request, i.e., renewal, as the supporting documentation for an NRC-R special nuclear material access authorization renewal application.

Any NRC-R special nuclear material access authorization issued in response to a renewal application submitted pursuant to this paragraph will not expire until the date set by DOE for the next reinvestigation of the individual pursuant to DOE's Reinvestigation Program (generally every five years).

NRC-R special nuclear material access authorizations for which timely applications for renewal have been made may be continued beyond the expiration date, pending final action on the application *

(4)

The licensee may use either of the exceptions as specified in paragraphs (c)(2) or (c) (3) of this section for an individual who is subject to an NRC-U or NRC-R reinvestigation, even if less than five years has passed since the date of the issuance or renewal of the NRC-U or NRC-R access authorization.

Failure to file a renewal application concurrent with the time for submission of an individual's SF-86 to DOE pursuant to DOE Reinvestigation Program requirements will result in the 10

expiration of.the individual's NRC special nuclear material access authorization.

(5)

Notwithstanding *the provisions of paragraphs (c)(2),

(c)(3), or (c)(4) of this section, the period of time for the initial and each subsequent NRC-U or NRC-R renewal application to NRC may not ~ceed 7 years.

Any individual who is subject to the DOE Reinvestigation Program requirements but, for administrative or other reasons, does not submit reinvestigation forms to DOE within 7 years of the previous submission, shall submit a renewal application to NRC using the forms prescribed in paragraph (c)(l) ot this section before the expiration of the 7 year period.

Failure to request an NRC-U or NRC-R renewal for any individual within the 7 year period will result in termination of the individual's NRC-U or NRC-R access,authorization.

Dated at Rockville,

-I~

Maryland this 9 day o 1992.

For the Nuclear Ra 1

c mmission.

11

Approved for Publication The Commission delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA (5 o.s.c. 551(4)) subject to the limitations in NRC Manual Directive 9.1, Organization and FUnctions, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, 0310.

The enclosed final rule, entitled "OOE-L or OOE-Q Reinvestigation Program for NRC-R Access Authorization Renewal Requirements,"

amends Part 11 to allow acceptance of the DOE-Lor DOE-Q Reinvestigation Program for NRC-R access authorization renewal requirements and clarifies for the licensee the documentation required to be submitted to the NRC when the exception is used.

The final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C cQ,ncerning matters of policy.

I, therefore, find that this final rule is within the scope of my rulemaking authority and am proceeding to issue it.

for Operations

DOCKET NUMBE:H PR / /

PROPOSED RULE...:....:,:.----::-

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( 5 I, F II< L/ 1 'f JS Babcock & Wilcox Naval Nuclear Fuel Division a McDermott company P. 0. Box 785

  • 91 OCT 28 P 1 :31 Lynchburg, Virginia 24505-0785 (804) 522-6000
t.

Secretary U.S. Nuclear Regulatory Commission ATTN: Docketing and Service Branch Washington, DC 20555 Gentlemen:

October 23, 1991 91-163 (j)

Babcock and Wilcox, Naval Nuclear Fuel Division, submits the following comments in regard to the proposed amendments to 10 CFR Part 11.

The Nuclear Regulatory Commission has proposed amendments to its regulations contained in 10 CFR, Part 11 to allow an exception to NRC-R access authorization renewal requirements. The proposed rule would allow acceptance of the DOE-L or DOE-Q Reinvestigation Program for NRC-R access authorization renewal requirements and clarify for the licensee the documentation required by the NRC when an exception is used.

The proposed rule is intended to reduce administrative and investigative costs to the licensee and administrative costs to the Federal government.

Babcock & Wilcox concurs with the NRC proposal to recognize reinvestigations conducted by the Department of Energy.

However, B&~W recommends that the proposed rule be revised to relieve licensees from the requirement to implement the unduly burdensome documentation requirements associated with the proposed amendment.

The documentation requirements constitute a

duplication of documentation required by the proposed 10

CFR, Part 25 reinvestigation program as well as a duplication of the DOE required submittals as stated in the proposed amendment.

As illustrated in the attached flow chart, adoption of the proposed amendments will result in requirements for B&W to submit, in triplicate, individual security information packages for each person granted authorization for access to special nuclear

material, National Security Information, or Restricted Data.

Additionally, the current and proposed requirements will entail not just the submission of copies of this data to each agency, but the submission of original forms, ".*. SF-86 that is dated and bears the individual's original signature, together with the forms and information required by paragraphs (c)(l) (i) and (iv) for NRC-U renewal requests or the information required by paragraph (c) (1) (iv) for NRC-R renewal requests as the supporting documentation for the renewal application" [10 CFR ll.15(c) (4)].

U.S. NUC:.,:;,. 1 1*1:::(., )L \\T::-in,* r,r ).( 1,: -. ~iiJ..

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Secretary NRC October 23, 1991 Two of these three completely redundant information packages be submitted to NRC to satisfy both the current and proposed 11 requirements and the proposed requirements for Part 25.

submittal must be made concurrent with submittal of the original forms to DOE.

must Part This same As stated in the proposed amendment to Part 11, the NRC is allowing for the recognition of reinvestigations conducted by the DOE. The redundant documentation is required by NRC only as supporting documentation.

B&W believes that the requested documentation significantly exceeds that which should be required to serve this purpose and constitutes an undue burden on affected licensees.

This is especially evident in view of the fact that such data contained in DOE files is accessible by the NRC.

The paperwork burden and associated costs can be significantly reduced if the NRC would permit licensees who are subject to equivalent DOE access authorization programs to submit to the NRC pertinent information on each individual in an abbreviated format concurrent with submittal of Form SF-86 to the DOE. The information submitted for each individual would include:

-Name

-Date of Birth

-Social Security Number

-Clearance Type and Number

-Grant Date

-Reinvestigation Submittal Date NRC could use this information to access and audit the individual's security record currently on file with DOE.

This approach would provide the NRC with the information required to fulfill the intent of the proposed amendment while not placing a greater than necessary burden on affected licensees.

The current Part 11 requirements allow this exact type of submission for initial requests for access authorization for these same personnel.

Part 11.lS(a) (2) requires only the submittal of NRC Forms 176 and 237 as supporting documentation of the DOE investigation.

B&W believes that this documentation should also be considered adequate supporting documentation for subsequent reinvestigations.

It is noteworthy that when Part 11 was originally implemented, DOE had no five year reinvestigation requirement.

Now that affected licensees are required to comply with the DOE reinvestigation

criteria, including the submittal of the previously listed documentation, B&W believes that the abbreviated documentation suggested should be sufficient to satisfy NRC needs.

Secretary NRC October 23, 1991 For the reasons outlined in this l etter, and since Parts 11 & 25 are both currently undergoing revision, B&W strongly recommends that these two regulations be considered jointly by all interested parties prior to publication of any final rule.

In summary, B&W requests that security clearances be conducted entirely under the current DOE system and that NRC verify the DOE security records based on information provided by B&W.

If the NRC and DOE are both primarily responsible for maintaining B&W security records, the company will continue to be unnecessarily burdened with the responsibility and cost of complying with three separate systems with no resulting benefit to any of the parties involved.

B&W submits that there is ample justification for the determinations requested herein.

We would be pleased to furnish any additional information you may need and would welcome a meeting with NRC representatives for detailed discussions on this matter.

Sincerely, e~~~

Manager, Licensing &

Training

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DOCKET NUMBER PR //

0 ROPOSED RULE_~~-

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(!~Fe tf~ 'f-31v NUCLEAR REGULATORY COMMISSION 10 CFR PART 11 RIN 3150-AE0J DOE-LOR DOE-Q REINVESTIGATION PROGRAM

  • 91 SEP 25 P 2 : 1 2 FOR NRC-R ACCESS AUTHORIZATION RENEWAL REQUIREMENTS AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) proposes to amend its regulations to allow an exception to NRC-R access authorization renewal requirements.

The proposed rule would allow acceptance of the DOE-Lor DOE-Q Reinvestigation Program for NRC-R access authorization renewal requirements and clarify

~or the licensee the documentation required by the NRC when an exception is used.

The proposed rule is intended to reduce administrative and investigative costs to the licensee and administrative costs to the Federal government.

JD/Jo/'11 DATES:

The comment period expires 30 days from date of publication in the Federal Register.

Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.

ADDRESSES:

Mail written comments to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:

Docketing and Service Branch.

Deliver comments to One White Flint North, 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm Federal workdays.

Copies of the regulatory analysis and comments received may be examined at Room LL6, 2120 L Street, NW (Lower Level),

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Ms. Rocio Castaneira, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-0392.

SUPPLEMENTARY INFORMATION:

Background

In 1985, 10 CFR Part 11, "Criteria and Procedures for Determining Eligibility for Access to or Control over Special Nuclear Material" was amended in S11.15 to allow, among other things, an exception in the access authorization renewal requirements for NRC-U renewals.

An NRC-U special nuclear material access authorization is required for --

(1)

All positions in the licensee's security force; (2)

Management positions with the authority to direct the actions of members of the security force or alter security 2

procedures, direct routine movements of special nuclear material, or direct the routine status of vital equipment; (3)

All jobs which require unescorted access within onsite alarm stations; and (4)

All jobs which require unescorted access to special nuclear material or within vital areas.

The NRC provided an exception in Sll.15 that allowed individuals subject to the Department of Energy's (DOE) Selective Reinvestigation Program for DOE-Q access authorization to use the DOE reinvestigation for NRC-U renewal requirements.

The investigative basis for the DOE-Q is comparable to the investigative basis of the NRC-U.

Allowing this exception for NRC-U renewal requirements reduced administrative and investigative costs to the licensees and avoided duplicate investigations of an individual.

However, in 1985, the DOE-L Selective Reinvestigation Program did not meet NRC-R renewal requirements.

Therefore, no provisions were made for allowing the use of the DOE-L Selective Reinvestigation Program for NRC-R renewal requirements.

An NRC-R special nuclear material access authorization is required for an individual whose job requires unescorted access within protected areas but does not fall within any of the categories that require an NRC-U access authorization.

Subsequently, DOE implemented an "L" Reinvestigation Program which meets NRC-R renewal requirements.

Accordingly, the NRC has determined that it would be appropriate to amend Part 11 to 3

,include the DOE-L program.

The NRC has also determined that allowing the DOE-Q Reinvestigation Program for NRC-R renewal requirements would be appropriate.

The NRC has found that many individuals that have NRC-R access authorizations also have DOE-Q clearances and are thereby subject to reinvestigation by DOE.

Additionally, the NRC has found that it is unnecessary to require the submission of fingerprint cards for NRC-U or NRC-R renewals when the applicant is filing under the exception provided for in Sll.15 because the cards duplicate those already submitted to the DOE.

Finally, the title of the DOE program is changed to reflect its current title, i.e., "DOE Reinvestigation Program."

Environmental Impact:

categorical Exclusion The NRC has determined that this regulation is the type of action described as a categorical exclusion in 10 CFR 51.22(c) (1).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement 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 4

requirements were approved by the Office of Management and Budget, approval number 3150-0062.

Regulatory Analysis The Commission has prepared a regulatory analysis on this proposed 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, room LL6, 2120 L Street, NW (Lower Level), Washington, DC.

Single copies of the analysis may be obtained from Ms. Rocio Castaneira, Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-0392.

Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980, 5 u.s.c. 605(b), the Commission certifies that this proposed rule does not have a significant economic impact upon a substantial number of small entities.

The proposed rule affects three nuclear fuel facility licensees.

Because these licensees are not classified as small entities as defined by the NRC's size standards (December 9, 1985; 50 FR 50241), the Commission finds that this proposed rule does not have a significant economic impact upon a substantial number of small entities.

5

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109 does not apply to this proposed rule, and therefore, that 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 Part 11:

Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of i954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 u.s.c. 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 11.

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:

6

1 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 S11.15, paragraph (c)(2) is revised, paragraph (c) (3) is revised and redesignated as paragraph (c)(5) and new paragraphs (c) (3) and (c)(4) are added to read as follows:

s11.1s Application for special nuclear material access authorization (c)

(2)

An exception to the NRC-U special nuclear material access authorization expiration date and the time for submission of NRC-U special nuclear material access authorization renewal applications is provided for those individuals who have a current and active DOE-Q access authorization and who are subject to DOE Reinvestigation Program requirements. For these individuals, the time for submission of NRC-U special nuclear material access authorization renewal applic-ations may coincide with the time for submission to DOE of the SF-86 pursuant to DOE Reinvestigation Program requirements.

The licensee may submit to NRC, concurrent with its submission to DOE, a copy of the SF-86 which is dated and bears the individual's original signature, together with the forms and information required by paragraphs (c)(1) (i), and (iv) of this section, as the supporting documentation for an _NRC-U special nuclear material access authorization renewal 7

application.

Any NRC-U special nuclear material access authorization issued in response to a renewal application submitted pursuant to this paragraph will not expire until the date set by DOE for the next reinvestigation of the individual pursuant to DOE's Reinvestigation Program (generally every five years).

NRC-U special nuclear material access authorizations for which timely ~pplications for renewal have been made may be continued beyond the expiration date, pending final action on the application *

(3)

An exception to the NRC-R special nuclear material access authorization expiration date and the time for submission of NRC-R special nuclear material access authorization renewal applications is provided for those individuals who have a current and active DOE-Lor DOE-Q access authorization and who are subject to DOE Reinvestigation Program requirements.

For these individuals, the time for submission of NRC-R special nuclear material access authorization renewal applications may coi~cide with the time for submission to DOE of the SF-86 pursuant to DOE Reinvestigation Program requirements.

The licensee may submit to NRC, concurrent with its submission to DOE, a copy of the SF-86 which is dated and bears the individual's original signature, together with the forms and information required by paragraph (c) (1) (iv) of this section, as the supporting documentation for an NRC-R special nuclear material access authorization renewal application.

Any NRC-R special nuclear material access 8

authorization issued in response to a renewal application submitted pursuant to this paragraph will not expire until the date set by DOE for the next reinvestigation of the individual pursuant to DOE's Reinvestigation Program (generally every five years).

NRC-R special nuclear material access authorizations for which timely applications for renewal have been made may be continued beyond the expiration date, pending final action on the application.

(4)

If the licensee uses either of the exceptions as specified in paragraphs (c) {2) or (c) (3) of this section for an individual who is subject to an NRC-U or NRC-R reinvestigation, the licensee shall submit at that time, (and at the time of each subsequent reinvestigation) concurrent with its submission to DOE, even if less than five years has passed since the date of the issuance or renewal of the NRC-U or NRC-R access authorization, a copy of the SF-86 which is dated and bears the individual's original signature, together with the forms and information required by paragraphs (c) (1) (i), and (iv) for NRC-U renewal requests or the information required by paragraph (c) (1) (iv) for NRC-R renewal requests as the supporting documentation for the renewal application.

Failure to file a renewal application concurrent with the time for submission of an individual's SF-86 to DOE pursuant to DOE Reinvestigation Program requirements will result in the expiration of the individual's NRC special nuclear material access authorization.

9

t (5)

Notwithstanding the provisions of paragraphs (c) (2),

(c)(J), or (c) (4) of this section, the period of time for the initial and each subsequent NRC-u or NRC-R renewal application to NRC may not exceed 7 years.

Any individual who is subject to the DOE Reinvestigation Program requirements but, for _administrative or other reasons, does not submit reinvestigation forms to DOE within 7 years of the previous submission, shall submit a renewal application to NRC using the forms prescribed in paragraph (c) (1) of this section before the expiration of the 7 year period.

Failure to request an NRC-U or NRC-R renewal for any individual within the 7 year period will result in termination of the individual's NRC-U or NRC-R access authorization.

Dated at Rockville, Maryland this __LL"';,.ay of.µ_, 1991.

For the Nuclear R gulatory Commission.

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