25156 Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 11 and 25

RIN 3150–AF90

Access Authorization Fee Schedule for

Licensee Personnel

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations to revise the fee schedule 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. These

amendments comply with current

regulations that provide that the NRC

will publish fee adjustments upon

notifications of any changes in the rate

charged the NRC by the Office of

Personnel Management (OPM) for

conducting investigations.

EFFECTIVE DATE: May 7, 1998.

FOR FURTHER INFORMATION CONTACT: Beth

Bradshaw, Division of Facilities and

Security, Office of Administration, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, telephone

(301) 415–6540, or by Internet electronic

mail at MBB1@NRC.GOV.

SUPPLEMENTARY INFORMATION: The OPM

conducts access authorization

background investigations for the NRC

and sets the rates charged for these

investigations. Effective October 1,

1997, OPM changed the rates it charges

NRC for conducting access

authorization background

investigations. Because the fees that

NRC charges its licensees for special

nuclear material access authorizations

and personnel security clearances are

determined by the rates charged by

OPM for conducting the background

investigations, the fee schedules in NRC

regulations must be amended to reflect

the OPM rate changes. The NRC is

passing these rate changes to NRC

licensees. These revisions comply with

current regulations that provide that

NRC will publish fee adjustments upon

notification of any changes in the rates

charged the NRC by OPM for

conducting the investigations. See 10

CFR 11.15(e)(2)(1997) and 10 CFR

25.17(e)(1997).

Because these are amendments

dealing with agency practice and

procedure, the notice and comment

provisions of the Administrative

Procedure Act do not apply pursuant to

5 U.S.C. 553(b)(A)(1997). The

amendments are effective upon

publication in the Federal Register.

Good cause exists to dispense with the

usual 30-day delay in the effective date

because the amendments are of a minor

and administrative nature dealing with

rate changes to the NRC fee schedules.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

final rule is the type of action described

in categorical exclusion 10 CFR

51.22(c)(1)(1997). 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 a new

or amended information collection

requirement subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq. (1997)). Existing requirements

were approved by the Office of

Management and Budget, approval

numbers 3150–0046 and 3150–0062.

Public Protection Notification

If 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

The NRC has prepared a regulatory

analysis on this final regulation. The

analysis examines the costs and benefits

of the alternatives considered by the

Commission. The analysis is available

for inspection in the NRC Public

Document Room, 2120 L Street, NW

(lower level), Washington, DC. Single

copies of the analysis may be obtained

from Beth Bradshaw, Division of

Facilities and Security, Office of

Administration, U. S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone: (301) 415–

6540.

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

50.109 (1997).

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C. 801 et

seq. (1997) and 15 U.S.C. 657 (1997), 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 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. 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).

Section 11.15(e) also issued under

sec. 501, 85 Stat. 290 (31 U.S.C. 483a).

2. In § 11.15 paragraph (e)(1) is

revised to read as follows:

§ 11.15 Application for special nuclear

material access authorization.

* * * * *

(e)(1) Each application for 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, according to

the following schedule:

i. NRC–U requiring full field investigation .................................. $3,275

ii. NRC–U requiring full field investigation (expedited processing) .............................................. 3,800

iii. NRC–U based on certification

of comparable full field background investigation .................. 1 0

iv. NRC–U or R renewal ................ 1 80

v. NRC–R ........................................ 1 80

vi. NRC–R based on certification

of comparable investigation ...... 2 0

1 If the NRC determines, based on its review of available data, that a full field investigation is necessary, a fee of $3,275 will be

assessed prior to the conduct of the investigation.
Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations 25157

2 If the NRC determines, based on its review of available data, that a National Agency Check and Credit investigation is necessary, a fee of $80.00 will be assessed prior

to the conduct of the investigation; however,

if a full field investigation is deemed necessary by the NRC, based on its review of

available data, a fee of $3,275 will be assessed prior to the conduct of the investigation.

* * * * *

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); E.0. 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, 3 CFR, 1995 Comp., p. 333; E.O.

12968, 3 CFR, 1995 Comp., p. 396.

Appendix A also issued under 96

Stat. 1051 (31 U.S.C. 9701).

4. Appendix A to Part 25 is revised to

read as follows:

APPENDIX A TO PART 25—FEES FOR

NRC ACCESS AUTHORIZATION

Category Fee

Initial ‘‘L’’ Access Authorization ...... 1 $80

Reinstatement of ‘‘L’’ Access Authorization .................................... 1 80

Extension or Transfer of ‘‘L’’ Access Authorization ....................... 1 80

Initial ‘‘Q’’ Access Authorization ..... 3,275

Initial ‘‘Q’’ Access Authorization

(expedited processing) ................ 3,800

Reinstatement of ‘‘Q’’ Access Authorization .................................... 2 3,275

Reinstatement of ‘‘Q’’ Access Authorization (expedited processing) .............................................. 2 3,800

Extension or Transfer of ‘‘Q’’ .......... 2 3,275

Extension or Transfer of ‘‘Q’’ (expedited processing) ......................... 2 3,800

1 If the NRC determines, based on its review

of available data, that a full field investigation

is necessary, a fee of $3,275 will be assessed

prior to the conduct of the investigation. 2Full fee will only be charged if investigation

is required.

Dated at Rockville, Maryland, this 13th day

February, 1998.

For the Nuclear Regulatory Commission.

L. Joseph Callan,

Executive Director for Operations.

[FR Doc. 98–12180 Filed 5–6–98; 8:45 am]

BILLING CODE 7590–01–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

12 CFR Ch. III

Statement of Policy on the

Development and Review of

Regulations

AGENCY: Federal Deposit Insurance

Corporation (FDIC).

ACTION: Revision of statement of policy.

SUMMARY: The FDIC is revising its

Statement of Policy entitled

‘‘Development and Review of

Regulations’’ (Policy). The revisions

streamline the Policy and focus it more

sharply on the basic principles that

underlie the Board’s approach to

regulation. The provisions of the Policy

that established internal procedures or

merely restated the law have been

deleted. The revisions also expand the

scope of the Policy to include written

statements of policy adopted by the

FDIC Board of Directors and revise its

title accordingly.

EFFECTIVE DATE: May 7, 1998.

FOR FURTHER INFORMATION CONTACT:

Steven F. Hanft, Assistant Executive

Secretary (202/898–3907); or Nancy

Schucker Recchia, Counsel (202/898–

8885).

SUPPLEMENTARY INFORMATION: The FDIC

is revising its Statement of Policy

entitled ‘‘Development and Review of

Regulations.’’ The existing Policy has

stated the Board’s commitment to basic

principles of sound regulation and

established internal administrative

procedures for FDIC staff to follow

when developing and reviewing

regulations. Pursuant to section 303(a)

of the Riegle Community Development

and Regulatory Improvement Act of

1994 (CDRI), the Policy was reviewed to

streamline it and to remove

inconsistencies and outmoded and

duplicative provisions. As a part of this

review, the FDIC has given careful

consideration to the continuing need for

this Policy and how its content might be

presented to best inform the public with

respect to the FDIC’s development and

review of regulations and written

statements of policy. The revised

Policy’s reflects the Board’s continuing

commitment to improving the quality of

its regulations and policies, to

minimizing regulatory burdens on the

public and the banking industry, and

generally to ensuring that its regulations

and policies achieve legislative goals

effectively and effectively.

The revised Policy recognizes that the

Board carries out its regulatory function

through two separate processes of

public notice: the promulgation of

regulations pursuant to the

requirements of the Administrative

Procedure Act, and the issuance of less

formal written statements of policy. Like

regulations, written statements of policy

may affect the banking industry and the

public. Because the Board believes it is

important to inform all interested

parties of its approach to the

development of written statements of

policy, the scope of the revised Policy

has been augmented to include an

explanation of the principles by which

the FDIC develops and reviews written

statements of policy, and the title of the

Policy has been revised to reflect the

expanded scope.

The revisions streamline the Policy

and focus it more sharply on the

following basic principles that underlie

the Board’s approach to regulation:

• Burdens imposed on the banking

industry should be minimized.

• Regulations should be clearly and

understandably written.

• The public should have a

meaningful opportunity to participate in

the rulemaking process.

• Common statutory and supervisory

mandates should be implemented by

Federal financial institutions regulator

in a uniform way.

• Regulations and statements of

policy should be reviewed periodically.

The revised Policy has been

streamlined to remove those provisions

that established internal procedures or

merely restated the applicable

provisions of law. As part of the CDRI

review, the FDIC gave careful

consideration to the most useful and

efficient format for presenting all of the

information relevant to regulation and

written policy statement development

and review. It was determined to

separate these fundamental guiding

principles from the more technical or

procedural requirements. The guiding

principles which the Board believes are

relevant to public understanding of its

process are contained in the revised

Policy. The technical and procedural

requirements are contained in a newly

developed handbook on Development

and Review of FDIC Regulations and

Policy Statements. The handbook

provides comprehensive guidance to

FDIC managers and staff involved in

developing and reviewing FDIC

regulations and statements of policy and

can be revised easily to reflect changes

in statutory requirements and in the

FDIC’s organizational arrangements.

Text

The text of the revised statement of

policy follows: