ML20247D585

Concurs on Final Rule Amending 10CFR73 Provisions Re Access to Safeguards info.Marked-up Final Rule Presenting Number of Comments & Editorial Corrections Encl

ML20247D585
Person / Time
Issue date:	02/13/1989
From:	Norry P NRC OFFICE OF ADMINISTRATION (ADM)
To:	Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML19316G025	List: ML20247D520 ML20247D532 ML20247D543 ML20247D573 ML20247D585 ML20247D608
References
FRN-54FR17703, RULE-PR-73 AD12-2-5, NUDOCS 8905250489
Download: ML20247D585 (13)

Text

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UNITED STATES bN o

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FEB 131989 i

MEMORANDUM FOR:

Eric S.

Beckjord, Director Office of Nuclear Regulatory Research FROM:

Patricia G. Norry, Director Office of Administration

SUBJECT:

ACCESS TO SAFEGUARDS INFORMATION The Office of Administration concurs on the final rule that would amend 10 CFR Part 73 provisions concerning access to safeguards information.

We have enclosed a marked-up copy of the final rule that presents a number of comments and editorial corrections.

Please note that when the final rule is submitted for signature by the Executive Director for Operations (EDO) it should be forwarded under a memorandum to the EDO requesting his approval and signature (see section 15.4 of the NRC Regulations Handbook (NUREG/BR-0058)).

i We have cdded language to the summary statement so that it more clearly meet the requirements of the Office of the Federal Register ~(OFR) set out in 1 CFR 18.12.

We have forwarded a copy of the final rule to the Records and Reports Management Branch, IRM, for their comment and concurrence concerning paperwork management aspects of this rulemaking action.

In order to assist you in preparing the list of documents centrally relevant to this final rule that is required by NRC's regulatory history procedures, you should place the designator "AD12-2" in the upper right-hand corner of each document concerning the rule that you forward to the Nuclear Document System.

If you have any questions concerning this matter, please have a member of your staff contact Betty K. Golden, Regulatory Publications Branch, ARM (extension 24268).

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fx< w 8/ W Patricia G. Norry, Dire or Office of Administration

Enclosure:

As stated 89052504B9 890510 PDR QR 54 17703.

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AD12-2 ppg Federal Register Notice of Final Rulemaking i

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NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 Access to Safeguards Information AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending ; ;;;ti;;

-q be its regulations for access to Safeguards Informatio'n to ecM :;; int.,-

A consisten[with a gevislvn v' "d. L. ^^ "

The Omnibus +

Ac Diplomatic Security and Anti-Terrorism Act of 1986." The viv,ision vF ct

- G kcrequires nuclear power reactor applicants and licerisees to con-duct Federal Bureau of Investigation (FBI) criminal history checks of certain individuals with access to information protected as Safeguards

-.[Since this, amendment contains no new re,,uirements and has forma q

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', bee (developed solely to ach'ieve consistency between NRC regulations and p

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l Federal law, notice of proposed rulemaking and procedure / thereon are

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i-l EFFECTIVE DATE:

(30 days after publication)

FOR FURTHER INFORMATION CONTACT:

M. L. Au, Office of Nuclear Regulatory 4

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Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555,

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telephone (301)492-3749.

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SUPPLEMENTARY INFORMATION:

Section 606 of Pub. L.99-399, "The Omnibus ll 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 individuals with access

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to Safeguard Information.

The Act was signed by the President on. '

y pubh M ec/ /4 August 27, 1986 NRC implementing regulations re pet taed March 2, y

1987, as a new S:tieah73.57 to 10 CFR Part 73. -NRC requirements for the protection of Safeguards Information, 10 CF.R 73.21, were published

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October 22, 1961, prior to enactment of the legislation.

This technical amendment conformsE CFR 73.21 with the provisions of 10 CFR 73.57 which require certain individuals to undergo F5 criminal history checks prior to gaining access to Safeguards Information.

Because this amendment is of a technical nature only, and does not add a new requirement, or revoke any existing remiation, good cause exists for finding that notice and public procedure thereon is unneces-sary. Accordingly, the amendment is being published for codification as m

a final rule.

Environmental Impact:

Categorical Exclusion The NRC has determined that this regulation is the type of action describedincategoricalexclusion10CFR51.22(c)(2). Therefore neither an environmental impact statement nor environmental assessment has been prepared for this regulation.

AD12-2

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Paperwork Reduction Act Statement This final rule does not contain new or amended information collec-tion requirements subject to the Paperwork Reduction Act of 1980 (44U.S.C.3501etseq.).

Existing requirements were mandated t % gh

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Regulatory Analysis V "' ' b

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

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Regulatory Flexibi ty Act S

(N In accor ance with the Reg g ( N; atory Flexibility Act of 1980, (5 U.S.C.

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605(b)), the Comissi'on,cer, fies that the rule will not, if promulgated, b,' j s

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q have a significant ecop'mic im on a substantial number of small Thisrule/affects only the 1 tensing and operation of nuclear I

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entities.

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power plants.

The/ companies that own these plants do not fall within st s

the scope of the definition of "small entities" set fofth in the s(\\,

Regulatory Flexibility Act or the Small Business Size Standards set out

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in regulations issued by the Small Business Administration at 13 CFR

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^1.i ' 4 C h-Backfit Analysis I

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' 8ecause. the purpose, of this amendment is-to conform an NRC rule with exisiting Federal law already 10 effect, no backfitact ysis is required l

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List of Subjects in 10 CFR Part 73 k QMf N j

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Ryu.. v o n,

Hazardous materials-transportation, Incorporation by rele

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. Nuclear materials, Nuclear power plants and reactors, Penalty 7 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 S U.S.C. 553, the NRC is adopting the following amendment to 10 CFR Part 73.

PART 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIAL Coni [nueg 1.

The authority citation for Part 73 -h and o read as follows:

AUTHORITY: Secs. 53,161, 68 Stat. 930, 948, as amended, src.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).

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Section 73.1 also issued under secs. 135, 141, Pub. L.97-425, I

96 Stat. 2232, 2241 (42 U.S.C.10155,10161).

Section73.37(f)also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841

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The NRC has decertained that the backfit' rule, 10'CFR150.109, does not apply to this f i.n a l ' r u l e, and therefore, that a backfit analysis is not r'equired for this_ final, rule, because these' amendments are mandated by Pub.

L'.99-399.

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f7590-01) - PM note).- Section 7357 is issued under sec. 606, Pub. L. 99-399100 Stat.

876(42U.S.C.2169).

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

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

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948,asamended(42U.S.C.2201(b));li73.20,73.24,73.25,73.26, 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 il 73.20(c)(1), 73.24(b)(1), 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)(iii)(B), 73.57 73.70, 73.71, and 73.72 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.

2201(o)).

S' 2.

In 73.21, paragraph (c)(1)(1) is revised to read as follows:

}a rt 73.21. Requirements for the protection of safeguards information, v

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(1)

(1) An employee, agent, or contractor of en applicant, a licensee, the Commission, or the United States Government.

However, an individual to be authorized access to Safeguards Information by a nuclear power

F012 7

[7590-01]

PM reactor applicant or licensee must undergo a federal Bureau of Investiga-

. tion criminal history check in accordance with 10 CFR 73.57; f-Dated at Rockville, Maryland, this day of 1989.

Victor Stello, Jr.

Executive Director for Operations O

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AD12-2

<PD Q Congressional Letters l

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DRAFT CONGRESSIONAL LETTER

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee are copies of a Public Announcement and a Notice of a Final Rule.

The NRC has sent to the Office of the Federal Register for publication the final rule conforming with the provisions of 10 CFR 73.57 and Pub. L.99-399 "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986."

This is a technical amendment to conform 10 CFR 73.21 with the provisions of 10 CFR 73.57 which require certain individuals to undergo Federal Bureau of Investigation (FBI) criminal history checks prior to gaining access to Safeguards Information.

Because this amendment is of c technical nature only', and does not add a new requirement, or revoke any existing regulation, good cause exists for finding that notice and public procedure thereon is unnecessary. Accordingly, the amendment is being published for codification as a final rule.

The NRC believes this rulemaking action adequately responds to the provisions intended by Congress when it passed Pub. L.99-399 in 1986.

Sincerely, i

Eric S. Beckjord, Director Office of Nuclear Regulatory Research sh/E C (~sy rcwind fd3.n:)

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AD12-2 PDR Daily Staff Notes I

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FOR A FINAL RULE:

DAILY STAFF NOTES OFFICE OF NUCLEAR REGULATORY RESEARCH Final Rule Signed by EDO On _

, 1988, the Executive Director for Operations approved a final rule entitled " Access to Safeguards Information" that amends 10 CFR Part 73.21 to conform with the provisions of 10 CFR 73.57 and Pub. L.99-399, "The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986" which require nuclear power reactor applicants or licensees to conduct Federal Bureau of Investigation (FBI) criminal history checks of certain individuals with access to information protected as Safeguards Information.

This is a technical amendment that achieves internal consistency in NRC regulations and does not represent a new requirement.

This notice informs the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this final rule and proposes to forward it on for publication, unless otherwise directed by the Commission.to the Office of the Fe l

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