27408 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 

The Administrator of GIPSA has 

determined that this rule will not have 

a significant impact on a substantial 

number of small entities as defined in 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.). 

Currently, near-infrared spectroscopy 

analyzers are being used to determine 

wheat protein; soybean oil and protein; 

and corn oil, protein, and starch in both 

domestic and export markets. This rule 

establishes tolerances to expand the use 

of currently approved near-infrared 

spectroscopy analyzers to test barley 

protein and establishes a generic fee for 

all NIR and NMR testing that is identical 

to current fees. Testing for barley 

protein is included in this fee. There are 

58 official agencies (46 private entities, 

12 States) that are designated and/or 

delegated by GIPSA to perform official 

grain inspection services. Most of the 

agencies could be considered small 

entities under Small Business 

Administration criteria. 

The extent to which these agencies 

will choose to provide this service is 

difficult to quantify because GIPSA is 

offering this service on a request basis, 

and locations where service is requested 

infrequently may make arrangements 

with neighboring agencies to provide 

the service (7 CFR 800.196(g)(1)). GIPSA 

believes that offering this service would 

have a beneficial effect on those 

agencies electing to provide the service. 

For the 2006/2007 Market Year (June 

to May), USDA’s Economic Research 

Service estimated the U.S. Barley 

Supply to be 303,000,000 bushels. 

Between June 2006 and September 2006 

(the months for which we have data), 

20,010,000 bushels of barley were tested 

for protein. Ten of the 58 official 

agencies, performed barley protein tests 

in the first 11 months of fiscal year 

2006. There were 5,176 barley protein 

tests performed; of those 2,624 were 

tests performed for trucks and rail cars, 

2,546 were tests performed on 

submitted samples, and 6 were 

performed locally, such as within a 

grain elevator. 

According to USDA’s National 

Agricultural Statistics Service, there are 

24,747 farms (producers) in the barley 

for grain category. We do not have 

estimates for the number of grain 

handlers, exporters, and feedlot 

operators that may be involved in 

submitting barley for protein testing. In 

general, many producers, grain 

handlers, exporters, and feedlot 

operators may be considered small 

entities under Small Business 

Administration criteria. Further, grain 

handlers and exporters often use testing 

results to determine value and 

premiums. The extent to which these 

entities will request the official barley 

protein or the impact of offering this 

service is difficult to quantify. GIPSA 

believes that barley producers, feedlot 

operators, grain handlers, and exporters 

will rely on the official system to 

provide reliable testing procedures and 

accurate results that the market can rely 

on to negotiate price, value, and 

premiums. 

Fees currently are charged for NIR 

testing. The fees charged by GIPSA are 

$2.25 per test when the service is 

performed at an applicant’s facility in 

an onsite FGIS laboratory, and when an 

inspection service is performed at a 

location other than an applicant’s 

facility in an FGIS laboratory the fees 

are $10.00 per test for an original 

inspection service and $17.70 for an 

appeal inspection service. The generic 

fee is the same as fees charged for 

current individual tests and their impact 

on applicants for services will vary 

depending upon usage since these tests 

are on a request basis. 

Executive Order 12988 

Executive Order 12988, Civil Justice 

Reform, instructs each executive agency 

to adhere to certain requirements in the 

development of new and revised 

regulations in order to avoid unduly 

burdening the court system. This final 

rule has been reviewed under this 

Executive Order. This final rule is not 

intended to have a retroactive effect. 

The United States Grain Standards Act 

provides in Section 87g that no State or 

subdivision may require or impose any 

requirements or restrictions concerning 

the inspection, weighing, or description 

of grain under the Act. Otherwise, this 

final rule will not preempt any State or 

local laws, regulations, or policies 

unless they present irreconcilable 

conflict with this rule. There are no 

administrative procedures which must 

be exhausted prior to any judicial 

challenge to the provisions of this 

interim rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995, the 

recordkeeping and reporting burden 

imposed by parts 800 and 801 were 

previously approved by OMB under 

control number 0580–0013 and will not 

be affected by this rule. 

GIPSA is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

Government agencies, in general, to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

List of Subjects 

7 CFR Part 800 

Administrative practice and 

procedure, Conflict of interests, Exports, 

Freedom of information, Grains, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 801 

Exports, Grains, Scientific equipment. 

■ For the reasons set out in the 

preamble, we are amending 7 CFR parts 

800 and 801 as follows: 

Authority: 7 U.S.C. 71—87k. 

PART 800—GENERAL REGULATIONS 

■ The interim final rule amending 7 

CFR parts 800 and 801, which was 

published in the November 8, 2006, 

Federal Register at 71 FR 65371–65373, 

is adopted as a final rule, without 

change. 

James E. Link, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. E7–9388 Filed 5–15–07; 8:45 am] 

BILLING CODE 3410–KD–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 11 and 25 

RIN 3150–AH99 

Access Authorization Fees 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

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. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 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 erb@nrc.gov. 

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 uranium235) 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 §§ 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 

§ 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 × 31.7%), 

rounded to the nearest dollar] = NRC 

access authorization fee}. 

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 § 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: 

Current OPM 

billing rate for 

SSBI–C 

Plus NRC application processing fee Equals total NRC 

access authorization fee for NRC–U 

application OPM rate × 31.7% = NRC fee (rounded to nearest $) 

$3,550 $3,550 × 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 × 31.7%), rounded to 

the nearest dollar] = NRC access 

authorization fee}, 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 


jlentini on PROD1PC65 with RULES
27410 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 

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 × 31.7%), rounded to 

the nearest dollar] = NRC access 

authorization fee}. 

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 × 31.7%), rounded to the nearest 

dollar] = NRC access authorization fee} 

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. 

■ 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 

■ 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). 

■ 2. In § 11.15, paragraph (e) is revised 

to read as follows: 

§ 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 × 31.7%), 

rounded to the nearest dollar] = NRC 

access authorization fee}. Updated OPM 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 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 × 31.7%), 

rounded to the nearest dollar] = NRC 

access authorization fee} and with 

reference to the following table: 

The NRC application fee for an access authorization of 

type * * * 

Is the sum of the current OPM billing rate charged for an 

investigation of type * * * 

Plus the NRC’s 

processing fee (rounded 

to the nearest dollar), 

which is equal to the 

OPM billing rate for the 

type of investigation 

referenced multiplied by 

* * * 

(percent) 

I. NRC–R 1 ........................................................................... NACLC—National Agency Check with Law and Credit 

(Standard Service, Code B).

31.7 

ii. NRC–R 1 (expedited processing) .................................... NACLC—National Agency Check with Law and Credit 

(Expedite Handling, Code A).

31.7 

iii. NRC–R based on certification of comparable investigation 2.No fee assessed for most applications ............................. ........................................

iv. NRC–R renewal 1 ........................................................... NACLC—National Agency Check with Law and Credit 

(Standard-Service, Code B).

31.7 

v. NRC–U requiring single scope investigation .................. SSBI-SIngle Scope Background Investigation (120 Day 

Service, Code C).

31.7 

vi. NRC–U requiring single scope investigation (expedited 

processing).

SSBI—Single Scope Background Investigation (35 Day 

Service, Code A).

31.7 

vii. NRC–U based on certification of comparable investigation 2.No fee assessed for most applications ............................. ........................................

viii. NRC–U renewal 2 .......................................................... LBI—Limited Background Investigation (120 Day Service, 

Code C).

31.7 

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 

■ 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). 

■ 4. In § 25.17, paragraph (f) is revised 

to read as follows: 

§ 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 × 31.7%), rounded to the 

nearest dollar] = NRC access 

authorization fee}. 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 × 31.7%), rounded to 

the nearest dollar] = NRC access 

authorization fee} 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. 


jlentini on PROD1PC65 with RULES
27412 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 

■ 5. Appendix A to part 25 is revised to 

read as follows: 

Appendix A to Part 25.—Fees for NRC 

Access Authorization 

The NRC application fee for an access authorization of 

type * * * 

Is the sum of the current OPM billing rate charged for an 

investigation of type * * * 

Plus the NRC’s 

processing fee (rounded 

to the nearest dollar), 

which is equal to the 

OPM billing rate for the 

type of investigation 

referenced multiplied by 

* * * 

(percent) 

Initial ‘‘L’’ access authorization 1 ......................................... ANACI—Access National Agency Check with Inquiries 

(Standard Service, Code B).

31.7 

Initial ‘‘L’’ access authorization 1 expedited processing ...... ANACI—Access National Agency Check with Inquiries 

(Expedite Handling, Code A.

31.7 

Reinstatement of ‘‘L’’ access authorization 2 ...................... No fee assessed for most applications.

Renewal of access authorization 1 ...................................... NACLC—Access National Agency Check with Inquiries 

(Standard Service, Code B).

31.7 

Initial ‘‘Q’’ access authorization ........................................... SSBI—Single Scope Background Investigation (120 Day 

Service, Code C).

31.7 

Initial ‘‘Q’’ access authorization (expedited processing) ..... SSBI—Single Scope Background Investigation (35 Day 

Service, Code A.

31.7 

Reinstatement of ‘‘Q’’ access authorization 2 ..................... No fee assessed for most applications.

Renewal of ‘‘Q’’ access authorization 1 ............................... SSBI–PR—Single Scope Background Investigation (120 

Day Service, Code C).

31.7 

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. 

2Full 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–27676; Airspace 

Docket No. 07–AGL–2] 

Modification of Class E Airspace; 

Canby, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations, part 71 (14 

CFR 71) by modifying Class E airspace 

at Canby, Myers Field, MN. Standard 

Instrument Approach Procedures have 

been developed by Canby, Myers Field, 

MN. Additional controlled airspace 

extending upward from the surface and 

upward from 700 feet above the surface 

of the earth is needed to contain aircraft 

executing these approaches. This action 

increases the area of the existing 

controlled airspace for Canby, Myers 

Field, MN. 

DATES: This direct final rule is effective 

on 0901 UTC, July 5, 2007. The Director 

of the Federal Register approves this 

incorporation by reference action under 

7 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

Comments for inclusion in the Rules 

Docket must be received on or before 

May 31, 2007. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2007–27676/ 

Airspace Docket No. 07–AGL–2, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and p.m., Monday 

through Friday, except Federal holidays. 

The Docket Office (telephone 1–800–

647–5527) is on the plaza level of the 

Department of Transportation NASSIF 

Building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Grant Nichols, System Support, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR Part 71 modifies 

the Class E airspace area at Canby, 

Myers Field, MN. The radius of the 

Class E airspace area extending upward 

from 700 feet or more above the surface 

of the earth is expanded from within a 

6.3-mile radius to within a 7.4-mile 

radius of the airport. An extension is 

established within 4 miles each side of 

the 301 bearing from the airport 

extending from the 7.4-mile radius to 

10.3 miles northwest of the airport. This 

modification brings the legal description 

of the Canby, Myers Field, MN Class E5 

airspace area into compliance with FAA 

Orders 7400.2F and 8260.19C. Class E 

airspace areas extending upward from 

700 feet or more above the surface of the 

earth are published in Paragraph 6005 of 

FAA Order 7400.9P, Airspace 

Designations and Reporting Points, 

dated September 1, 2006, and effective 

September 15, 2006, which is 

incorporated by reference in 14 CFR 

71.1 of the same order. The Class E 

airspace designations listed in this 

document would be published 

subsequently in the Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment 

or a written notice of intent to submit 

an adverse or negative comments is 

received within the comment period, 

the regulation will become effective on 


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