ML23156A434

PR-073 - 54FR17703 - Access to Safeguards Information

ML23156A434
Person / Time
Issue date:	04/25/1989
From:	Stello V NRC/SECY
To:
References
PR-073, 54FR17703
Download: ML23156A434 (1)

Text

DOCUMENT DATE:

TITLE:

CASE

REFERENCE:

KEYWORD:

ADAMS Template: SECY-067 04/25/1989 PR-073 - 54FR 17703 - ACCESS TO SAFEGUARDS INFORMATION PR-073 54FR17703 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

DOCUMENT DATE:

TITLE:

CASE

REFERENCE:

KEYWORD:

ADAMS Template: SECY-067 04/25/1989 PR-073 - 54FR 17703 - PR-073 - 54FR 17703 - ACCESS TO SAFEGUARDS INFORMATION PR-073 54FR17703 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE:

PR-073 OPEN ITEK (Y/N) N RULE NAME:

ACCESS TO SAFEGUARDS INFORMATION PROPOSED RULE FED REG CITE:

54FR17703 PROPOSED RULE PUBLICATION DATE:

04/25/89 NUMBER OF COMMENTS:

0 ORIGINAL DATE FOR COMMENTS:

I I

EXTENSION DATE:

I I

FINAL RULE FED. REG. CITE: 54FR17703 FINAL RULE PUBLICATION DATE: 04/25/89 NOTES ON EDO SIGNED FINAL RULE 4/4/89. EFFECTIVE 5/25/89. PUBLISHED AS FINA TATUS L RULE.

FILE LOCATED ON Pl.

F RULE TO FIND THE STAFF CONTACT OR VIEW THE RULEKAKING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-073 RULE TITLE:

ACCESS TO SAFEGUARDS INFORMATION

.OPOSED R~:~

SECY PAPER:

FINAL RULE SECY PAPER:

CONTACTl: M. AU CONTACT2:

,... ~-

PROPOSED RULE DATE PROPOSED RULE SRM DATE:

I I

SIGNED BY SECRETARY:

04/04/89 FINAL RULE DATE FINAL RULE SRM DATE:

I I

SIGNED BY SECRETARY:

04/04/89 STAFF CONTACTS ON THE RULE KAIL STOP: NLS 129 PHONE: 492-3749 KAIL STOP:

PHONE:

DOCKET N\JMBER PR 3

PROPOSED RULE l {Lj f R. }? ? 0 3)

NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 Access to Safeguards Information Nliiii,\\\\ Nuclear Regulatory Co111T1ission.

ACTION:

Final rule *

[7590-01]

SUMMARY

The Nuclear Regulatory Commission {NRC) is amending its regulat ions for access to Safeguards Information to be consistent with "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986," which requires nuclear power reactor applicants and licensees to conduct Federal Bureau of Investigation {FBI) criminal history checks of certain individuals with ac.cess to information protected as Safeguards Information. This 1c\ien is neGessary to ensure that all applicable NRC regu lations reflect e*

this requirement.

EFFECTI VE DATE:

{30 days after publication)

FOR FURTHER INFORMATION CONTACT:

M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Co111T1ission, Washington, DC 20555, telephone {301)492-3749.

1

~-~

~*r, 'I ~~'J" f COMMISSION Po,*

Cc A...,

D'Y

,. r*-:.v CE ::KTION C

• 1

,..Rn ARY c-,*

I

~ cc i,fl ISSlON NP __

I

• • JJ_ ---

Av

/) i> a ~lPJ _ _

SUPPLEMENTARY INFORMATION:

Section 606 of Pub. L.99-399, "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986," requires nuclear power reactor applicants and licensees to conduct criminal history checks through the use of FBI criminal history data on indivi duals with access to Safeguards Information.

The Act, signed by President Reagan on August 27, 1986, required the NRC to issue regulations to establish conditions for the use and control of the criminal history data received from the FBI.

NRC published its implementing regulations March 2, 1987, as a new§ 73.57 to 10 CFR Part 73.

NRC requirements for the protection of Safeguards Information, 10 CFR 73.21, were published October 22, 1981, prior to enactment of the legislation. This technical amendment conforms 10 CFR 73.21 with the provisions of 10 CFR 73.57 which require certain individuals to undergo FBI criminal history checks prior to gaining access to Safeguards Information.

Individuals who are exempted from fingerprinting under 10 CFR 73.57 will continue to be exempt under this rule.

Because this amendment is of a technical nature only, and does not add a new requirement, or revoke any existing regulation, good cause exists for finding that notice of proposed rulemaking and public procedure is unnecessary under Title 5 U.S.C. Section 553. Accordingly, the amendment is being published for codification as a final rule.

2

Environmental Impact: Categorical Exclusion The NRC has determined that this regulation is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore neither an environmental impact statement nor environmental assessment has been prepared for this regulation.

Paperwork Reduction Act Statement This final rule does not contain new or amended information collection requirements subject to t he 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 3150-0002.

Regulatory Analysis No regulatory analysis has been prepared for this rule because the action represents an administrative cross-referencing between two existing sections in the regulations.

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

~ot required for this fina l rule, because these amendments are mandated by Pub. L.99-399.

3

List of Subjects in 10 CFR Part 73 Hazardous materials-transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping requirements, Security measures.

For 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. 553, the NRC is adopting the following amendment to 10 CFR Part 73.

PART 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIAL

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. 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).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.

2273; §§ 73.21, 73.37(9), and 73.55 are issued under sec. 161b, 68 Stat.

4

948. as amended (42 U.S.C. 220l(b)); §§ 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under sec. 1611, 68 Stat. 949, as amended (42 u.s.c. 2201(1); and

§§ 73.20(c)(l), 73.24(b)(l), 73.26(b)(3), (h)(6), and (k)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2),

(3}(iii)(B}, and (h), 73.55(h)(2) and (4)(111)(8), 73.57 73.70, 73.71, and 73.72 are issued under sec. 1610 1 68 Stat. 950, as amended (42 U.S.C.

2201(0)).

2.

In§ 73.21, paragraph (c)( l}(i) is revised to read as follows:

§ 73.21. Requirements for the protection of safeguards infonnation.

(c) * * *

(1) * * *

(1)

An employee, agent, or contractor of an applicant, a licensee, the Co1111'1ission, or the United States Government. However, an individual to be authorized access to Safeguards Infonnation by a nuclear power reactor applicant or licensee must undergo a Federal Bureau of Investigation criminal history check to the extent required by 10 CFR 73.57; Dated at Rockvflle, Maryland, t his /:!.. day of~,

1989, For the Nuclear Regulatory Conmission Operations.

5