[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Rules and Regulations]
[Pages 27408-27412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9415]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 11 and 25

RIN 3150-AH99


Access Authorization Fees

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending the agency 
access authorization fees charged to licensees for work performed under 
the Material Access Authorization Program (MAAP) and the Information 
Access Authority Program (IAAP). The amended cost is due to an increase 
of the review time for each application for access authorization. The 
formula for calculating fees remains the same as based on current 
Office of Personnel Management (OPM) billing rates for personnel 
background investigations. The formula is designed to recover the full 
cost of processing a request for access authorization from the 
licensee. The use of the fee assessment formula tied to current OPM 
billing rates eliminates the need for the NRC to update its access 
authorization fee schedules through regular rulemakings.

DATES: The effective date of the final rule is June 15, 2007.

[[Page 27409]]


FOR FURTHER INFORMATION CONTACT: Emily Banks, Office of Administration, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone (301) 415-0320, e-mail <a href="/cdn-cgi/l/email-protection#83e6f1e1c3edf1e0ade4ecf5"><span class="__cf_email__" data-cfemail="a9ccdbcbe9c7dbca87cec6df">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    Certain individuals employed by licensees or contractors of the NRC 
are assigned duties which require access to special nuclear material 
(plutonium, uranium-233, and uranium enriched in the isotopes uranium-
233 or uranium-235) or to restricted data or national security 
information. Individuals who require access to this material or 
information must obtain an access authorization from the NRC. When a 
licensee requests access authorization for an employee or a contractor, 
the NRC initiates a background investigation of the individual seeking 
access authorization. Based on the results of that investigation, the 
NRC will determine whether permitting the individual access to special 
nuclear material, restricted data, or national security information 
would create a security risk.
    OPM conducts the required access authorization background 
investigations for the NRC and sets the rates charged for these 
investigations. The combined cost of the OPM background investigation 
and any related NRC processing activities are recovered from the 
licensee through an access authorization fee assessed by the NRC. It is 
the NRC's practice to publish the fee schedule for special nuclear 
material access authorization in 10 CFR 11.15(e)(1) and the 
corresponding fee schedule for restricted data and national security 
information access authorization in Appendix A to 10 CFR part 25. Both 
schedules are based on rates charged by OPM for conducting the required 
background investigations.

Discussion

    This final rule amends Sec. Sec.  11.15(e) and 25.17(f), and 
Appendix A to part 25 by modifying the fee charged to licensees for 
work performed under the MAAP and IAAP from 11.6 percent of the OPM 
billing rates to 31.7 percent. This modification will ensure that the 
NRC's administrative costs are fully recovered through access 
authorization fees charged to licensees.
    This final rule will continue to allow licensees to calculate the 
NRC fee for any given application by reference to the current OPM 
billing schedule for personnel investigation services. Investigations 
Reimbursable Billing Rates for personnel background checks are 
published by OPM's Investigations Service in a Federal Investigation 
Notice (FIN). The current OPM billing rates were published as FIN 06-08 
on September 11, 2006, and became effective on October 1, 2006. FIN 06-
08 is available on OPM's Investigations Service Web site at http://www.opm.gov/extra/investigate/fins.htm. NRC licensees can also obtain 
the current OPM investigations rate schedule from the Personnel 
Security Branch of the NRC's Division of Facilities and Security by 
contacting the individual named under the FOR FURTHER INFORMATION 
CONTACT heading.
    The amendments specify the NRC's access authorization fee for any 
given request as the sum of the current OPM billing rate for the 
required investigation, and the NRC's in-house processing fee. As noted 
previously, the OPM billing rate is pulled directly from the current 
OPM fee schedule for investigations. The tables in Sec.  11.15(e)(2) 
and Appendix A to part 25 cross-reference each type of NRC access 
authorization request to the appropriate investigation service listed 
in OPM's fee schedule. The NRC's in-house processing fee is 31.7 
percent of the relevant OPM rate. The in-house processing fee of 31.7 
percent is based on a recent NRC audit of actual in-house costs 
incurred in processing licensee applications for access authorization. 
This fixed percentage of the OPM rate, when added to the base OPM 
investigations charge, yields the total access authorization fee 
assessed by the NRC {OPM rate + [(OPM rate x 31.7%), rounded to the 
nearest dollar] = NRC access authorization fee{time} .
    For example, a licensee seeking a special nuclear material ``NRC-
U'' access authorization requiring a single scope background 
investigation is directed by the table in Sec.  11.15(e)(2) to 
calculate the application fee based on the OPM billing rate for a 
``Code C'' Single Scope Background Investigation (SSBI). According to 
the current OPM investigations fee schedule (FIN 06-08), OPM charges 
$3,550 for a ``Code C'' SSBI. The table instructs the licensee to 
calculate the NRC processing fee by multiplying $3,550 by 31.7 percent, 
which equals $1,125.35. The licensee then rounds the NRC processing fee 
to the nearest dollar, or $1,125, and adds that amount to the OPM 
investigations fee of $3,550 to determine the total assessed material 
access authorization fee: $4,675. The following table illustrates the 
calculation process:

----------------------------------------------------------------------------------------------------------------
                                      Plus NRC application processing fee                       Equals total NRC
   Current OPM   -----------------------------------------------------------------------------       access
billing rate for                                                                               authorization fee
     SSBI-C           OPM rate          x 31.7% =          NRC fee (rounded to nearest $)          for NRC-U
                                                                                                  application
----------------------------------------------------------------------------------------------------------------
       $3,550            $3,550           x 31.7%          = $1,125.35 (rounded to $1,125)           = $4,675
----------------------------------------------------------------------------------------------------------------

    Licensees applying for restricted data or national security 
information access authorization follow a similar procedure. The table 
in Appendix A to part 25 cross-references each type of ``Q'' or ``L'' 
access authorization to the corresponding OPM investigation type. The 
OPM billing rate for the type of investigation referenced is determined 
by consulting the current OPM schedule of billing rates. This rate is 
then plugged into the fee assessment formula {OPM rate + [(OPM rate x 
31.7%), rounded to the nearest dollar] = NRC access authorization 
fee{time} , illustrated previously, to calculate the correct NRC access 
authorization fee for the type of application submitted.

Section-by-Section Analysis

Section 11.15(e)

    Section 11.15(e)(1) describes how the OPM bills the NRC for the 
cost of each background investigation of a given type and provides the 
formula used in calculating the material access authorization fee. The 
percentage of the OPM billing rates in this formula is being changed 
from 11.6% of the OPM billing rate to 31.7% of that rate. This section 
also explains how to access the OPM billing schedule and specifies that 
any changes to the NRC's access authorization fees will be applicable 
to each access authorization request received on or after the effective 
date of OPM's most recently published billing schedule.
    Section 11.15(e)(2) directs licensees to remit the appropriate 
access authorization fee with each application submitted, in accordance 
with the table presented in that section. The table cross-references 
each type of NRC material access authorization request to

[[Page 27410]]

a type of investigation in the current OPM fee schedule, and directs 
licensees to calculate the application fee according to the stated 
formula {OPM rate + [(OPM rate x 31.7%), rounded to the nearest dollar] 
= NRC access authorization fee{time} .
    Section 11.15(e)(3) indicates that applications for individuals 
that have a current access authorization from another Federal agency 
may be processed expeditiously at no cost to the licensee.

Section 25.17(f)

    Section 25.17(f)(1) describes how the OPM bills the NRC for the 
cost of each background investigation and provides the formula used in 
calculating national security information and restricted data access 
authorization fees. This section also explains how to access the OPM 
billing schedule and specifies that any changes to the NRC access 
authorization fees will be applicable to each access authorization 
request received on or after the effective date of OPM's most recently 
published billing schedule.
    Section 25.17(f)(2) directs licensees to remit the appropriate 
national security information or restricted data access authorization 
fee with each application submitted. Applicants are instructed to 
calculate the appropriate fee by using the stated formula {OPM rate + 
[(OPM rate x 31.7%), rounded to the nearest dollar] = NRC access 
authorization fee{time}  with reference to the table in appendix A to 
part 25.
    Section 25.17(f)(3) indicates that applications for individuals 
that have a current access authorization from another Federal agency 
may be processed expeditiously at no cost to the licensee.

Appendix A to Part 25

    The revised table in Appendix A to part 25 cross-references each 
type of NRC ``Q'' or ``L'' access authorization request to a type of 
investigation in the current OPM fee schedule, and directs licensees to 
calculate the application fee according to the stated formula.
    Because this final rule deals solely with agency practice and 
procedure, the notice and comment provisions of the Administrative 
Procedure Act do not apply under 5 U.S.C. 553(b)(A). The final rule is 
effective 30 days after its publication in the Federal Register.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires agencies to use technical standards 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or is 
otherwise impractical. This final rule amends the formula for 
calculating the NRC access authorization fee charged to licensees for 
work performed under MAAP and IAAP from 11.6 percent of the OPM billing 
rate for an investigation of a given type to 31.7 percent.
    This action is administrative in nature and does not involve the 
establishment or application of a technical standard containing 
generally applicable requirements.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusions 10 CFR 51.22(c)(1) and (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 new or amended information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget (OMB), approval numbers 3150-0046 and 
3150-0062.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to the information 
collection.

Regulatory Analysis

    A regulatory analysis has not been prepared for this final 
rulemaking. This final rule ensures that the NRC recovers the full cost 
of application processing from licensees submitting access 
authorization requests. The formula method for calculating these fees 
continues to provide a more efficient and effective mechanism for 
updating NRC access authorization fees in response to changes in the 
underlying OPM rate schedule for required personnel background 
investigations. These amendments are administrative in nature and will 
neither impose new nor relax existing safety requirements and, thus, do 
not call for the sort of safety/cost analysis described in the agency's 
regulatory analysis guidelines in NUREG/BR-0058.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
final rule and a backfit analysis is not required because these 
amendments do not involve any provisions that would impose backfits as 
defined in 10 CFR Chapter I.

Congressional Review Act

    In accordance with the Congressional Review Act, the NRC has 
determined that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs of 
OMB.

List of Subjects

10 CFR Part 11

    Hazardous materials--transportation, Investigations, Nuclear 
materials, Reporting and recordkeeping requirements, Security measures, 
Special nuclear material.

10 CFR Part 25

    Classified information, Criminal penalties, Investigations, 
Reporting and recordkeeping requirements, Security measures.


0
For the reasons set forth 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 amendments to 10 CFR parts 11 and 25.

PART 11--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR 
ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL

0
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 (42 U.S.C. 5841); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note).
    Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 
U.S.C. 9701).


0
2. In Sec.  11.15, paragraph (e) is revised to read as follows:


Sec.  11.15  Application for special nuclear material access 
authorization.

* * * * *
    (e)(1) The Office of Personnel Management (OPM) bills NRC for the 
cost of each background investigation conducted in support of an 
application for special nuclear material access authorization. The 
combined cost of the OPM investigation and NRC's application processing 
overhead are recovered from the licensee through a material access 
authorization fee calculated with reference to current OPM personnel 
investigation billing rates {OPM rate + [(OPM rate x 31.7%), rounded to 
the nearest dollar] = NRC access authorization fee{time} . Updated OPM

[[Page 27411]]

billing rates are published periodically in a Federal Investigations 
Notice (FIN) issued by OPM's Investigations Service. Copies of the 
current OPM billing schedule can be obtained by phoning the NRC's 
Personnel Security Branch, Division of Facilities and Security, Office 
of Administration at (301-415-7739). Any change in the NRC's access 
authorization fees will be applicable to each access authorization 
request received on or after the effective date of OPM's most recently 
published investigations billing schedule.
    (2) Each application for a special nuclear material access 
authorization, renewal, or change in level must be accompanied by the 
licensee's remittance, payable to the U.S. Nuclear Regulatory 
Commission. Applicants shall calculate the access authorization fee 
according to the stated formula {OPM rate + [(OPM rate x 31.7%), 
rounded to the nearest dollar] = NRC access authorization fee{time}  
and with reference to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                              Plus the NRC's
                                                                                         processing fee (rounded
                                                                                         to the nearest dollar),
                                                  Is the sum of the current OPM billing   which is equal to the
     The NRC application fee for an access        rate charged for an investigation of     OPM billing rate for
          authorization of type * * *                          type * * *                      the type of
                                                                                              investigation
                                                                                          referenced multiplied
                                                                                           by * * *  (percent)
----------------------------------------------------------------------------------------------------------------
I. NRC-R \1\...................................  NACLC--National Agency Check with Law                      31.7
                                                  and Credit (Standard Service, Code B).
ii. NRC-R \1\ (expedited processing)...........  NACLC--National Agency Check with Law                      31.7
                                                  and Credit (Expedite Handling, Code
                                                  A).
iii. NRC-R based on certification of comparable  No fee assessed for most applications.  .......................
 investigation \2\.
iv. NRC-R renewal \1\..........................  NACLC--National Agency Check with Law                      31.7
                                                  and Credit (Standard-Service, Code B).
v. NRC-U requiring single scope investigation..  SSBI-SIngle Scope Background                               31.7
                                                  Investigation (120 Day Service, Code
                                                  C).
vi. NRC-U requiring single scope investigation   SSBI--Single Scope Background                              31.7
 (expedited processing).                          Investigation (35 Day Service, Code
                                                  A).
vii. NRC-U based on certification of comparable  No fee assessed for most applications.  .......................
 investigation \2\.
 viii. NRC-U renewal \2\.......................  LBI--Limited Background Investigation                     31.7
                                                  (120 Day Service, Code C).
----------------------------------------------------------------------------------------------------------------
\1\ If the NRC, having reviewed the available data, deems it necessary to perform a single scope investigation,
  the appropriate NRC-U fee will be assessed before the conduct of the investigation.
\2\ If the NRC determines, based on its review of available data, that a single scope investigation is
  necessary, the appropriate NRC-U fee will be assessed before the conduct of the investigation.

    (3) Certain applications from individuals having current Federal 
access authorizations may be processed expeditiously at no cost to the 
licensee because the Commission, at its discretion, may decide to 
accept the certification of access authorizations and investigative 
data from other Federal government agencies that grant personnel access 
authorizations.
* * * * *

PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

0
3. The authority citation for part 25 continues to read as follows:

    Authority: Secs. 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O. 10865, 
as amended, 3 CFR 1959-1963 COMP., p. 398 (50 U.S.C. 401, note); 
E.O. 12829, 3 CFR, 1993 Comp., p. 570; E.O. 12958, as amended, 3 
CFR, 1995 Comp., p. 333, as amended by E.O. 13292, 3 CFR 2004 Comp., 
p. 196; E.O. 12968, 3 CFR, 1995 Comp, p. 396.
    Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).


0
4. In Sec.  25.17, paragraph (f) is revised to read as follows:


Sec.  25.17  Approval for processing applicants for access 
authorization.

* * * * *
    (f)(1) The Office of Personnel Management (OPM) bills NRC for the 
cost of each background investigation conducted in support of an 
application for access authorization. The combined cost of the OPM 
investigation and NRC's application processing overhead are recovered 
from the licensee through an authorization fee calculated with 
reference to current OPM personnel investigation billing rates {OPM 
rate + [(OPM rate x 31.7%), rounded to the nearest dollar] = NRC access 
authorization fee{time} . Updated OPM billing rates are published 
periodically in a Federal Investigations Notice (FIN) issued by OPM's 
Investigations Service. Copies of the current OPM billing schedule can 
be obtained by phoning the NRC's Personnel Security Branch, Division of 
Facilities and Security, Office of Administration at (301-415-7739). 
Any change in the NRC's access authorization fees will be applicable to 
each access authorization request received on or after the effective 
date of OPM's most recently published investigations billing schedule.
    (2) Applications for access authorization or access authorization 
renewal processing that are submitted to the NRC for processing must be 
accompanied by a check or money order, payable to the U.S. Nuclear 
Regulatory Commission, representing the current cost for the processing 
of each ``Q'' and ``L'' access authorization, or renewal request. 
Applicants shall calculate the access authorization fee according to 
the stated formula {OPM rate + [(OPM rate x 31.7%), rounded to the 
nearest dollar] = NRC access authorization fee{time}  and with 
reference to the table in appendix A to this part.
    (3) Certain applications from individuals having current Federal 
access authorizations may be processed more expeditiously and at less 
cost, because the Commission, at its discretion, may decide to accept 
the certification of access authorization and investigative data from 
other Federal Government agencies that grant personnel access 
authorizations.

[[Page 27412]]


0
5. Appendix A to part 25 is revised to read as follows:

Appendix A to Part 25.--Fees for NRC Access Authorization

----------------------------------------------------------------------------------------------------------------
                                                                                              Plus the NRC's
                                                                                         processing fee (rounded
                                                                                         to the nearest dollar),
                                                  Is the sum of the current OPM billing   which is equal to the
     The NRC application fee for an access        rate charged for an investigation of     OPM billing rate for
          authorization of type * * *                          type * * *                      the type of
                                                                                              investigation
                                                                                          referenced multiplied
                                                                                           by * * *  (percent)
----------------------------------------------------------------------------------------------------------------
Initial ``L'' access authorization \1\.........  ANACI--Access National Agency Check                        31.7
                                                  with Inquiries (Standard Service,
                                                  Code B).
Initial ``L'' access authorization \1\           ANACI--Access National Agency Check                        31.7
 expedited processing.                            with Inquiries (Expedite Handling,
                                                  Code A.
Reinstatement of ``L'' access authorization \2\  No fee assessed for most applications.
Renewal of access authorization \1\............  NACLC--Access National Agency Check                        31.7
                                                  with Inquiries (Standard Service,
                                                  Code B).
Initial ``Q'' access authorization.............  SSBI--Single Scope Background                              31.7
                                                  Investigation (120 Day Service, Code
                                                  C).
Initial ``Q'' access authorization (expedited    SSBI--Single Scope Background                              31.7
 processing).                                     Investigation (35 Day Service, Code A.
Reinstatement of ``Q'' access authorization \2\  No fee assessed for most applications.
Renewal of ``Q'' access authorization \1\......  SSBI-PR--Single Scope Background                           31.7
                                                  Investigation (120 Day Service, Code
                                                  C).
----------------------------------------------------------------------------------------------------------------
\1\ If the NRC determines, based on its review of available data, that a single scope investigation is
  necessary, the appropriate fee for an Initial ``Q'' access authorization will be assessed before the conduct
  of investigation.
\2\ Full fee will only be charged if an investigation is required.


    Dated at Rockville, Maryland, this 26th day of March, 2006.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-9415 Filed 5-15-07; 8:45 am]
BILLING CODE 7590-01-P


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