ML23156A375
| ML23156A375 | |
| Person / Time | |
|---|---|
| Issue date: | 07/29/1994 |
| From: | Taylor J NRC/EDO |
| To: | |
| References | |
| PR-073, 59FR38553 | |
| Download: ML23156A375 (1) | |
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DOCUMENT DATE:
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ADAMS Template: SECY-067 07/29/1994 PR-073 - 59FR38553 - TEMPORARY ACCESS TO SAFEGUARDS INFORMATION PR-073 59FR38553 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
STATUS OF RULEMAKING PROPOSED RULE:
PR-073 OPEN ITEM (Y/N) N RULE NAME:
TEMPORARY ACCESS TO SAFEGUARDS INFORMATION PROPOSED RULE FED REG CITE:
59FR38553 PROPOSED RULE PUBLICATION DATE:
07/29/94 NUMBER OF COMMENTS:
0 ORIGINAL DATE FOR COMMENTS:
I I
EXTENSION DATE:
I I
FINAL RULE FED. REG. CITE: 59FR38553 FINAL RULE PUBLICATION DATE: 07/29/94 NOTES ON: MINOR PROCEDURAL CHANGE THAT ALLOWS TEMPORARY ACCESS TO SAFEGUARDS STATUS INFORMATION FOR INDIVIDUALS WHOSE CRIMINAL HISTORY CHECKS ARE PEN F RULE: DING.
PUBLISHED AS FINAL RULE.
/ S/ 'D BY EDO.
FILE ON Pl.
HISTORY OF THE RULE PART AFFECTED: PR-073 RULE TITLE:
TEMPORARY ACCESS TO SAFEGUARDS INFORMATION PROPOSED RULE SECY PAPER:
FINAL RULE ECY PAPER :
CONTACTl: N. E. ERVIN CONTACT2:
PROPOSED RULE SRM DATE:
FINAL RULE SRM DATE:
I I
I I DATE PROPOSED RULE SIGNED BY SECRETARY:
DATE FINAL RULE I
I SIGNED BY SECRETARY:
07/14/94 STAFF CONTACTS ON THE RULE MAIL STOP: O-9D24 MAIL STOP:
PHONE: 504-2946 PHONE:
DOCKET NO. PR-073
{59FR38553)
In the Matter of TEMPORARY ACCESS TO SAFEGUARDS INFORMATION DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 7/ 14/94 07/ 14/94 FEDERAL REGISTER NOTICE ON FINAL RULE
DOCKET NUMBER Pl 1 PROPOSED RULE_!..!!.....!,..:1-)~
(_ ~q FR 3YS53 NUCLEAR REGULATORY COMMISSION 10 CFR PART 73 RIN 3150-AF09 TEMPORARY ACCESS TO SAFEGUARDS INFORMATION AGENCY:
- Nuclear Regulatory Commission.
ACTION:
Final rule.
DOCKE ED
[7590-01] U RC
- 94 JUL 14 p 5 :S6
SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its regulations concerning requirements for criminal history checks of individuals granted access to safeguards information. The final rule is a minor procedural change that corrects a defect in the rule that li mi ts the Commission's authority to waive certain requirements and allow temporary access to safeguards information (SGI) pending completion of criminal history checks.
EFFECTIVE DATE: (insert date 30 days after publication)
FOR FURTHER INFORMATION CONTACT:
N. E. Ervin, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone (301) 504-2946.
SUPPLEMENTARY INFORMATION:
Background
Section 606 of Pub. L.99-399, *The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986,* added Section 149, *fingerprinting for Criminal History Record Checks,* to the law that requires nuclear power reactor licensees and applicants to conduct criminal history checks through the use of FBI criminal history data on each individual who is permitted unescorted access to the facility or is permitted access to safeguards information.
Section 149.b states, *The Commission, by rule, may relieve persons from the obligations imposed by this section, under specified terms, conditions, and periods, if the Commission finds that such action is consistent with its obligations to promote the common defense and security and to protect the health and safety of the public."
NRC implementing regulations were published March 2, 1987, as a new
§ 73.57 to 10 CFR Part 73 entitled, "Requirements for Criminal History Checks of Individuals Granted Unescorted Access to a Nuclear Power Facility or Access to Safeguards Information by Power Reactor Licensees." Relief from the requirements for certain situations is provided in§ 73.57(b)(2)(iv) which states: *upon further notice to licensees and without further rulemaking, the Commission may waive certain requirements of this section on a temporary basis for temporary workers.*
In Generic Letter 87-10, "Implementation of 10 CFR 73.57, Requirements For FBI Criminal History Checks," the NRC staff addressed certain conditions under which these waivers may be granted. The defect that has been identified is that waiver authority is limited to temporary workers and excludes relief for permanent workers. This limitation creates questions about applying the waiver to permanent workers who may need access to safeguards information pending completion of their criminal history checks.
This final rule amends 10 CFR 73.57 to clarify the Commission's authority to temporarily waive certain requirements of the section without further rulemaking as provided by Pub. L.99-399. Specifically, the final rule removes the phrase, "for temporary workers," from 10 CFR 73.57(b)(2)(iv).
Correcting this defect provides the Commission with the authority to temporarily waive certain requirements for permanent workers as well as temporary workers.
Permanent workers will be able to have access to safeguards information before the results of their FBI criminal history checks have been received and evaluated. This relieves an unnecessary and unreasonable burden on licensees. Permanent employees recently assigned to the site and granted unescorted access based on temporary access provisions, pending completion of criminal history checks, may now have access to SGI.
Without this amendment, these employees would be precluded from tasks for which access to SGI is necessary until the results of the criminal history checks were complete. This amendment is consistent with the waiver provisions that allow temporary workers, under the same circumstances, access to SGI when this access is needed for specified tasks.
Because this amendment is a minor procedural change that corrects an administrative defect in the rule, notice of proposed rulemaking and public procedures on the subject are impractical and unnecessary under 5 U.S.C. 553.
This amendment is effective 30 days after publication in the Federal Register.
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(2). 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 under control number 3150-0002.
Backfit Analysis The NRC has determined t hat the backfit rule, 10 CFR 50.109, does not apply to the action taken in this final rulemaking and therefore, that a backfit analysis is not required for this final rule.
List of Subjects in 10 CFR Part 73 Criminal penalties, Export, Hazardous materials transportation, Import, Nuclear materials, Nuclear power plants and reactors, 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 amendment to 10 CFR Part 73.
PART 73 - PHYSICAL PROTECTION OF PLANTS ANO MATERIALS
- 1. The authority citation for Part 73 continues to read as follows:
AUTHORITY:
Secs. 53. 161, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as amended, 204, 88 Stat.
1242, as amended, 1245 (42 U.S.C. 5841, 5844).
Section 73.1 also issued under secs. 135, 141. Pub. L.97-425, 96 Stat.
2232, 2241, (42 U.S.C. 10155, 10161). Section 73.37(f) also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L.99-399, 100 Stat. 876 (42 U.S.C. 2169).
- 2. In§ 73.57, paragraph (b)(2)(iv) is revised to read as follows:
§ 73.57 Requirements for criminal history checks of individuals granted unescorted access to a nuclear power facility or access to Safeguards Information by power reactor licensees.
(b) *
(2) *
(iv) Upon further notice to licensees and without further rulemaking, the Comission may waive certain requirements of this section on a temporary basis.
Dated at Rockville, Maryland this
, 1994.
For the Nuclear Regulatory Commission.
ams H. -V.
E cutive Director for Operations.