ML20196A745

Forwards Info Supporting Recommendation for Initiation of Amend to 10CFR11 & 25 Re Revised Fee Schedule for Publication in Fr in Response to 840213 Memo.Related Info Encl

ML20196A745
Person / Time
Issue date:	07/27/1987
From:	Mcdonald W NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20196A631	List: ML20196A628 ML20196A668 ML20196A678 ML20196A700 ML20196A724 ML20196A745
References
FRN-51FR35206, RULE-PR-11, RULE-PR-25 AC59-2-06, AC59-2-6, NUDOCS 8802050150
Download: ML20196A745 (8)

Text

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fem MEMORANDUM FOR: Victor Stello, Jr. DISTRIBUTION Executive Director for Operations F505B R/F PGNorry D/SEC R/F EBMason FROM: William G. Mcdonald, Director SCF: LRD 3.00.05 4 ~ g Office of Administration and SCF: LRD 3.00.07 Resources Management WMcDonald

SUBJECT:

RECOMMENDATION FOR PROMULGATING RULE: REVISED FEE SCHEDULE (PARTS 11 AND 25) FOR PUBLICATION IN THE

, FEDERAL REGISTER In response to the February 13, 1984 memorandum, "Control of NRC Rulemakings by Offices Reporting to the EDO," I have enclosed pertinent information which supports my recorrnendation for the initiation of a rule amendment.

The Office of Personnel Management (0PM) has increased the amount it charges NRC for conducting access authorization background investigations by 15 percent.

Since the fee that NRC charges licensees for material access authorizations and personnel security clearances are dependent on the background investigation rate charged by OPM, the fee schedules in the GRC regulations must be amended to reflect the OPM rate increase. Otherwise, NRC would be subsidizing licensee applications for special nuclear material access authorizations and personnel security clearances.

The current regulations,10 CFR Part 11. "Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material,"

and 10 CFR Part 25, "Access Authorization for Licensee Personnel," will be amended to reflect the revised fee schedules, which indicate the cost for an NRC "U" or "Q" requiring full field background investigations as $1955.00.

Also to be revised under 10 CFR Part 11 is the title of the NRC point of contact to be notified in the event a request for an individual's access authorization is withdrawn or cancelled. The title will be changed to Chief.

Personnel Security Branch, NRC Division of Security. This administrative change reflects the current SEC organizational structure.

If you have any questions, or need further information, please contact Raymond J. Brady, Director, Division of Security, on 49 24100.

William G. Mcdonald, Director Office of Administration and Resources Management

Enclosures:

1. Draft Regulatory Agenda Entry '

2. ADM Screening Process Supporting Rulemaking

3. Preliminary Regulatory Analysis 4 Supportive Background Documents /

• SEE PREVIOUS CONCURRENCE f

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DATE :07/23/87 :07/?4/87 :07/27/87 :07/27/87 :07// /87 :d7/ /87  : 07/? /87 0FFICIAL RECORD COPV 8802050150 800203 PDR PR 11 51FR35206 PDR

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.- PDA DISTRIBUTION MEMORANDUM FOR: Victor Stello, Jr. FSOSB R/F WMcDonald Executive Director for Operations D/SEC R/F PNorry SCF: LRD 3.00.05 EMason FROM: William G. Mcdonald, Director SCF: LRD 3.00.07 Office of Administration and Resources Management

SUBJECT:

RECOMMENDATION FOR CHANGING RULE: REVISED FEE SCHEDULE (PARTS 11 AND 25) FOR PUBLICATION IN THE FEDERAL REGISTER In response to the February 5, 1985 memorandum "Control of NRC Rulemakings by Offices Reporting to the EDO," I have enclosed pertinent information which supports my recomendation for the initiation of a rule amendment.

The Office of Personnel Management (0PM) has raised the amount it charges NRC for conducting access authorization background investigations by 15 percent.

Since the fee that NRC charges licensees for material access authorizations and personnel security clearances are dependent on the background investigation rate charged by OPM, the fee schedules in the regulations must be amended to reflect the rate OPM increase. Otherwise, NRC would be subsidizing licensee applications for special nuclear material access authorizations and personnel security clearances.

The current regulations, 10 CFR Part 11 "Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material,"

and 10 CFR Part 25, "Access Authorization for Licensee Personnel," will be amended to reflect the revired fee schedules, which indicate the cost for an NRC "U" or "Q" requiring full field background investigations as $1955.00.

Also to be revised under 10 CFR Part 11 is the title of the NRC point of contact to be notified in the event a request for an individ':al's access authorization is withdrawn or cancelled. The title will b', changed to Chief, Personnel Security Branch, NRC Division of Security. This administrative change reflects the current SEC organizational structure.

If you have any questions, or need further information, please contact Raymond J. Brady, Director, Division of Security, on 49 24100 William G. Mcdonald, Director Office of Administration and Resources Management

Enclosures:

1. Draft Regulatory Agenda Entry

2. ADM Screening Process Supporting Rulemeking

3. Preliminary Regulatory Analysis

4. Supportive Background Documents a n. n OFC :FSOSB :FSOSB :DD SEh :D$ 1 f 1.:DD/ ARM /ADM :PPMS/ ARM /ADM:D/ ARM /A T NAME :JKEver :kds:DGKid

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l_ 0FFICIAL RECORD COPY ,

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1. DISTRIBUTION 80k

. MEMORANDUM FOR: Victor Stello, Jr. FSOSB R/F WMcDonald Executive Director for Operations D/SEC R/F PNorry SCF: LRD 3.00.05 EMason FROM: William G. Mcdonald, Director SCF: LRD 3.00.07 Office of Administration and Resources Management

SUBJECT:

RECOMMENDATION FOR CHANGING RULE: REVISED FEE SCHEDULE (PARTS 11 AND 25) FOR PUBLICATION IN THE FEDERAlREGISTER k

In response to the February 5, 1985 memorandum "Control of NRC Rulemakings by Offices Reporting to the EDO," I have enclosed pertinent information which supports my recommendation for the initiation of a rule amendment.

The Office of Personnel Management (OPM) has raised the amount it charges NRC for conducting access authorization background investigations by 15 percent.

Since the fee that NRC charges licensees for material access authorizations and personnel security clearances are dependent on the background investigation rate charged by OPM, the fee schedules in the regulations must be amended to reflect the rate OPM increase. Otherwise, NRC would be subsidizing licensee applications for special nuclear material access authorizations and personnel security clearances.

The current regulations, 10 CFR Part 11. "Criteria and Procedures for Determining Eligibility for Access to or Control Over Saecial Nuclear Material,"

and 10 CFR Part 25, "Access Authorization for Licensee ?ersonnel," will be amended to reflect the revised fee schedules, which indicate the cost for an NRC "U" or "Q" requiring full field background investigations as $1955.00.

Also to be revised under 10 CFR Part 11 is the title of the NRC point of contact to be notified in the event a request for an individual's access authorization is withdrawn or cancelled. The title will be changed to Chief, Personnel Security Branch, NRC Division of Security. This administrative change reflects the current SEC organizational structure.

If you have any questions, or need further information, please contact Raymond J. Brady, Director, Division of Security, on 49-24100.

William G. Mcdonald, Director Office of Administration and Resources Management

Enclosures:

1. Draft Regulatory Agenda Entry

2. ADM Screening Process Supporting Rulemaking

3. Preliminary Regulatory Analysis

4. Supportive Background Documents a n. n '

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' A C $9 - 2 ppa Enclosure 1

Title:

Fee Schedule Change for NRC "U" and "Q" Access Authorizations CFR Citation: 10 CFR Parts 11 and 25 Abstract: The proposed rule would increase the fees for NRC "U" ori"Q" access authorizations charged to NRC licensees and others applying for access authorizations which require full field background investiga-tions. The proposed amendment also requires that the title of the NRC point of contact, in the event a request for an individual's access authorization is withdrawn or cancelled, be changed to read Chief Personnel Security Branch, NRC Division of Security.

The proposed amendments are in response to the Office of Personnel Management's Notification of an increase in cost to conduct back-ground investigations. There are no reasonable alternatives to rulemaking for implementing the increased rates. This rule will have a negligible effect on the general public. NRC resources required for processing this rule through final publication are estimated to be 50 staff hours.

Timetable: NPRM Comment Period Begin 08/00/87 NPRM Connent Period End 10/00/87 Final Rule 11/00/87 Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841; 42 U.S.C. 2273 Effects on Small Business and Other Entities: None Agency

Contact:

Duane G. Kidd Office of Administration and Resources Management Washington, D.C. 20555 (301)492-4124 l

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A C 6 7 . PDA Enclosure 2 ARM Review of Proposed Rule Amendment The Office of Administration and Resources Management (ARM) seeks approval to amend 10 CFR Part 11. "Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material," and 10 CFR Part 25 "Access Authorization for Licensee Personnel." to implement revised fee schedules for the cost of special nuclear material access authorizrtions or personnel security clearances for access to Restricted Data or National Security Infomation which require full field background investigations.

ARM sees no alternative to amending these rules that would be more effective and use fewer NRC resources.

This proposed rule will amend 10 CFR Parts 11 and 25 to indicate a 15 percent increase in the fee NRC charges its licensees for NRC "U" and "Q" access authorizations requiring full field background investigations. To coincide with this rate increase, under 10 CFR Part 11, the title of the NRC point of contact that one should notify in the event a request for an individual's access authorization is withdrawn or cancelled, has been changed to Chief, Personnel Security Branch, NRC Division of Security.

A negligible effect is predicted for the general public since this rulemaking activity applies only to those licensees and others who need to use, process,

. store, transport, or deliver to a carrier for transport fomula quantities of

?special nuclear material (as defined in 10 CFR Part 73) or generate, receive, and store National Security Information or Restricted Data (as defined in 10CFRPart25). Approximately 14 NRC licensees and other interests will be

.iffected. ARM views these amendments as a necessity.

4RC staff resources should total approximately 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br />. ARM pians to publish these amendments as a proposed rule in the Federal Register by August 1,1987, and following a nomal 60-day corrient period, publish a final rule by Rovember 1987.

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2 Enclosure 3 (Cont'd.)  !

5. Decision Rationale l

The only available method of imposing this legitimate requirement on '

selected licensees is to revise 10 CFR Parts 11 and 25.

.g Otheravenueswouldlacktherequisitefornalityandlegality'.hecessaryto require all affected NRC licensees to adhere to the rate increase for background investigations relating to those licensee personnel applying for material access authorization and personnel security clearances.

The only means at our disposal in setting forth material access authori-zation and personnel security clearance requirements and associated fees is through 10 CFR Parts 11 and 25.

6. Implementation The Division of Security intends to publish a proposed rule amending 10 CFR Part 11 and 25 by August 198), and final rule by Novermber 1987.

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.. . on,c, e emonnu managuneni AC ST- 2 ,py%,",,,~ $

Fed:ral Parsonnel evianual Syst:m $ Endosum 4

', FPM Bulletin s-Bulletin No. 736- 14 Washington. D C. 20415

SUBJECT:

orts Investigations Retabureable March 26. 1987 allting nates lEffectiveDate: May 1, 1987l Heads of Departments and independent Estabbshments:  ;

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1. The price of OPft's reimbursable investigations is saintained at -the lowest possible levels. On August 1,1986, we increased the billing rates for background lovestigations to offset the rate reduction of February 19, 1984. We have reassessed the financial status of the Revol.ving Fund and find we need to increase prices of personally investi-gated cases, ef f ective May 1,1987. 1he revised pricing schedule is attsched.

-81 and 581: about 15% increase for normal incremental operating costs; and

-g 25% increase to more accurately reflect actual operating costs incurred for these investigations.

2. For budgeting purposes, you should plan on the above billing rates remaining in

,- ef fect for the next year and a possible price increase of 8-10% for the following year.

3. The new billing rates will becree ef fective for all cases received on or af ter i llay 1, 1997,

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, James . Ivard Deputy Director 1 At tachraent ( reverse) i I

Inquirees: Training & Investigations Group Office of Tederal Investigations i (202) 632-6152 Code: 736, Personnel Investigations Distribution: Basic FFH Bulletin Empires: January 20, 1989 en acm ssa su i

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.. . .* ' Attcchsent to FPH Bulletin 736-14 7 )j{

BILLING RATES EFFECTIVE p/1/87

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35 Days 75 , Days 120 Days Type' of Investigation Service Sefvice Service i

CS - (Credit Search) S 6 E- -

. NA.C - (National Agency Check) S 8 - -

NAC&C - (National Agency Check & Credit) $ 14 - -

NACI - (National Agency Check & Inquiries)

(35 Days /Seesitive & 75 Days /Non-Sens) $ 14 S 14 - 1 NACIC - (National Agency Check, Inquiries, and Credit) (35 Days /Sens & 75 Days /Non-Sen) $ 20 S 20 -

PRI - (Periodic Reinvestigation)

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S 125 MBI - (Minimum Background Investigation) -

$ 100 UDI -(Update Investigation) 13-36 months - -

S 50 UDI - (Update Investigation) 37-60 months - -

S -75 RSI - (Reimbursable Suitability Investigation) - -

S 400 LBI - (Limited Background Investigation) l$1,300 l$1,000 l$ 850 UGI - UDI (Upgrade and Update Investigations)

From 13-36 conths S 650 S 500 $ 425 From 37-60 months S 975 $ 750 $ 650 BI - (Background Investigation) l$2.150 l$1,850 l$1.700 UGI - UDI (Upgrade and Update Investigations)

Ffon 13-36 months $1,075 $ 925 $ 850 From 37-60 months $1,625 $1,400 $1,275 SBI - (Special Background Investigation) l$2.375 l$2,075 l$1.925 UGI - UDI (Upgrade and Update Investigations)

From 13-36 months -

$1,200 $1,050 $ 975 From 37-60 months $1,775 S1,550 $1.4'50 Note: UGIs are f rom level below (i.e. , LBI f rom H3I, BI f rom LBI, SBI from BI). UGI and UDI are based on a percentage of basic case price (i.e. , 50% f rom 13-36 nonths and 75% f rom 37-60 months).

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