ML20196A724
| ML20196A724 | |
| Person / Time | |
|---|---|
| Issue date: | 11/04/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20196A631 | List: |
| References | |
| FRN-51FR35206, RULE-PR-11, RULE-PR-25 AC59-2-05, AC59-2-5, NUDOCS 8802050144 | |
| Download: ML20196A724 (10) | |
Text
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10 CFR Parts 11 and 25 Access Authorization Fee Schedule for Licensee Personnel AGENCY: Nuclear Regulatory Comission.
ACTION: Final Rule.
SUMMARY
- The Nuclear Regulatory Connission (NRC) is amending its regulations to revise the fee schedule charged for background investigations of licensee personnel who require access to National Security Information and/or Restricted Data and access to or control over Special Nuclear Material. The amendments comply with current regulations in Parts 11 and 25 which provide that MRC will publish fee adjustments concurrent with notification of any change in the rate charged the NRC by the Office of Personnel Management (0PM) for conducting the investigations. The amendments also make a minor office name change in Part 11, and make a conforming change in Part 25.
EFFECTIVE DATE:
FOR FURTHER INFORMATION CONTACT: Duane G. Kidd, Chief, Facilities Security and Operational Support Branch, Division of Security, Office of Administration and Resources Management, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, telephone (301) 492-4122.
l 8802050144 800203
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11 51FR35206 PDR l
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l SUPPLEMENTARY INFORMATION: The OPM conducts access authorizatien backgrourd 1 l investigations for the NRC and sets the rate charged for these investigatiers.
On May 1, 1987, OPM increased the rate that it chargies the NRC for conducting !
access authorization background investigations. Since the fees that NN charges its licensees for material access authorizations and personnel security clearanccs are dependent on the rates charged by OPM for conducting the background investigations, the fee schedules in NRC regulations must be amended to reflect OPM's rate increase. OPM has increased this rate it charges for background investigations approximately 15 percent. HRC is passing this additional cost to the licensees. These changes comply with current regulations in Parts 11 and 25 which provide that NRC will publish fee adjustments concurrently with notification of any change in the rate charged the NRC by the OPN for conducting the investigations.
Additionally, two sinor administrative changes have been made. Under paragraph 11.16, the title of the NRC's point of contact for withdrawing or cancelling a request for an access authorization has been changed fra Chief, Facilities and Personnel Security Branch to Chief, Personnel Security tiranch, NRC Division of Security, and under Appendix A of Part 25, an additional footnote has been added to make it consistent with the fee schedule table in Part 11.
l Because these e amendments dealing with agency practice and procedure, the l notice art t. - of the Administrative Procedure Act do not apply w:nt prr ,
pursan" .- a 3;. The amendments are effective upon publication l
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. n d cause exists to dispense with the usual 30-day delav in ef t.:cti~ J ' + ,ause the amendments are of a minor and administrative aa Jealing with a routine adjustment in access authorization fees and other no or changes.
3 PM Environmental Impact: Categorical Exclusion i
\ l The NRC has detennined that this final regulation is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environment:1 essessment has been prepared for this final regulation.
Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection require-ment subject to the Paperwork Reduction Act of 1980(44U.S.C.3501(tseq.).
Existing requirements were approved by the Office of Management and Budget, ,
approval numbers 3150-0046 and 3150-0062.
Regulatory Analysis l
l The Cossiission has prepared a regulatory analysis on this final regulation.
l l The analysis examines the costs and benefits of the alternatives considered by the Cossiission. The analysis is available for inspection in the NRC Public i
Document Room,1717 H. Street, N.W., Washington, D.C. Single copies of the 7 analysis may be obtained from Duane G. Kidd, Division of Security, Office of Administration and Resources Management, U.S. Nuclear Regulatory Cosmission, i
Washington, D.C. 20555, telephone: (301)492-4124.
l Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), ,
the Comission certifies that this rule will not have a significant economic l impact on a substantial number of small entities. Each NRC licensee or other i
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organization which may require access to classified information or Special huclear Material in connection with a license or application for a license
. will be affected by this finc' rule. Less than 14 entities are currently required to meet the requirements of 10 CFR Parts 11 and 25. Because none of these has be n determined to be small as defined by the Regulatory Flexibility Act of 1980, the Comission finds that this rule will not have significant ecottomic impact upon a substantial number of small entities.
List of Subjects 10 CFR Part 11 Hazardous materials - transportation, Nuclear Materiais, Reporting and record-keeping requirements. Security measures, Special nuclear material, Invutiga-tions.
10 CFR Part 25 Classified information, Investigations, Penalty, 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. 553, the NRC is adopting the following amendments to 10 CFR Parts 11 and 25.
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PART 11 - CR2TERIA AND PROCEDURES FOR DETERMINfMG ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL 1
- 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 (4T U.S.C. 5841).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 483a).
- 2. Section 11.15(e) is revised to read as follows:
11.15 Application for special nuclear material access authorization.
I (e)(1) Each application for special nuclear material access authorization, renewal, or change in level must be accorreanied by the licensee's remittance, payable to the U.S. Nuclear Regulatory Cornission according to the following schedule:
- 1. MRC-U requiring full field investigation. . . . . . . . . . . . . .$1,955 ii. NRC-U based on certification of comparable full field hackground I
investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 I
111. NRC-H o: R renewa l . . . . . . . . . . . . . . . . . . . . . . . . . 15 I
iv. NRC-R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2
- v. NRC-R based on certification of comparable investigation. . . . . . . 0 I If the NRC determines, based on its revie.v of available data, that a full field investigation is necessary, a fee of 11,955 wiil be assessed prior to the conduct of the investigatien.
If the NRC dete mines, based on its review of available data, that a National Agency Check Investigation is necessary, a fee of $15,00 will be asse: sed prior to the conduct of the investigation; however, if a full field investi-gation is deemed ne.cessary by the NRC based on its review of ov.ilable data, a fee of $1.995 will be assessed prior to the conduct of the investigation.
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- 3. Section 11.16 is revised to read as follows:
611.16 Cancellation of request for special nuclear material access authorization.
When a request for an individual's access authorization is withdrawn or cancelled, the licensee shall insnediately notify the Chief. Personnel Security Branch, NRC Division of Security, by telephone, so that the full field investigation or National Agency Check may be discontinued. The caller must provide the full name and date of birth of the individual, the date of request, and the type of access authorization originally requested ("U" or "R'). The licensee shall promptly submit written confirmation of the telephone notification to the Personnel Security Branch, MtC Division of Security. A portion of the fee for th 'U" specialnuclearmaterialaccessauthorizationmayberefundeddehnding upon the status of the full field investigation at the time of withdrawal l or cancellation, i
l PART 26 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL l
l
- 4. The authority citation for Part 25 continues to read as follows:
l Authority: Sees. 145, 161, 68 Stat. 942, 948, as amended (42 U.S.C.
2165, 2201); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841);
E.O.10865, as amended, 3 CFR 1959-1963 Corp., p. 398 (50 U.S.C. 401, note); E.O. 12356, 47 FR 14874, April e,1982.
7 d694 PDA Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9071). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); 25.13,.
25.17(a), 25.33(b) and (c) are issued under 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 6 25.13 and 25.33(b) are issued under ,
sec.161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
- 5. Appendix A is revised to read as follows:
APPENDIX A - FEES FOR NRC ACCESS AUTHORIZATION Category Fee Initial 'L' Access Authorization. . . . . . . . . . . . . . . . . $15 I I
Reinstatement of "L" Access Authorization . . . . . . . . . . . . $15 I
Extension or Transfer of "L" Access Authorization . . . . . . . . $15 Initial 'Q' Access Auaorization. . . . . . . . . . . . . . . . . $1,955 Reinstatement of 'Q' Access Authorization . . . . . . . . . . . . $1,9552 2
Extension or Transfer of 'Q'. . . . . . . . . . . . . . . . . . . $1,955 l
l I If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $1.955 will be assessed prior to the conduct of the investigation.
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Fu11 fee will only be charged if investigation is required.
Dated at Bethesda, Maryland this day of 1987 For the Nuclear Regulatory Cocuission.
,- g or St Jr.
Executive Director for Operations
Re?-2.
- POE 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 full field background investigations that are used to determine suitability for special material access authorization or personnel security clearance for access to Restricted Data or National Security Information.
ARM sees no alternative to amending these rules that would be more effective and use fewer NRC resources.
This propose rule will amend 10 CFR Parts 11 and 25 to indicate a 15 percent increase in the fee NRC charges its licensees for full 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, Persennel 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, reproduce, or otherwise handle formula quantities of special nuclear material (as defined in 10 CFR Part 11) or generate, receive, and store classified National Security Infonnation or Restricted Data (as defined in 10CFRPart25). Approximately 14 NRC licensees and other interests will be affected. ARM views these amendments as a necessity.
NRC 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 plans to publish these amendments as a proposed rule in the Federal Register by August 1,1987, and following a normal 60-day coment period, publish a final rule by November 1987.
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PDK Enclosure 3 Preliminary Regulatory Analysis 3
- 1. Statement of Problem On May 1,1987, the Office of Personnel Management (0PM) increased the billing rates that it charges NRC for conducting access authorization background investigations. Since the fee that NRC charges its licensees for material access authorizations and personnel security clearances are dependent on the background investigation rate changed by OPM, the NRC regulations containing the fee schedule, 10 CFR Parts 11 and 25, must be amended to reflect the rate increase. Otherwise, NRC would be subsidizing licensee applications for material access authorization and personnel security clearances.
- 2. Objective The objective of the revised fee schedule is to require licensees and other non-government bodies applying for personnel security clearances and material access authorizations to pay the higher rate to the NRC when a full field background investigation is required.
NRC's intended regulatory initiative specifically adopts this new require-mert and promulgates this revised national policy to those licennes and others requiring a background investigation.
- 3. Alternatives There is no reasonable alternative to revision of these regulation that would achieve the desired result.
4 Consequences There are approximately 14 affected entities licensed by the NRC. Each licensee who uses, processes, stores, transmits, or delivers to a carrier for transport formula quantities of special nuclear material must have their personnel granted material access authorizations from the NRC. In addition, each licensee who needs access to National Security Infonnation or Restricted Data to conduct official NRC business must have a personnel security clearance granted to them by the NRC. Each application for special nuclear material access authorization or a personnel security clearance must be accompanied by the licensee's remittance payable to the NRC.
Those access authorizations requiring a full field background investigation are subject to the fee posted in the Coda of Federal Regulations. Since OPM has raised the rates they charge for background investigations by
$255.00, or 15 percent, NRC is passing the additional cost on to the licensees. The additional cost to the licensees will not have an impact on other NRC programs or requirements at these facilities.
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Y Enclosure 3 (Cont'd.)
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- 5. Decision Rationale The only available method of imposing this legitimate requirement on selected licensees is to revise 10 CFR Parts 11 and 25.
Other avenues would lack the requisite formality and legality necessary to 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 1987, and final rule by Novermber 1987, i
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