[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Rules and Regulations]
[Pages 25156-25157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12180]



[[Page 25156]]

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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.

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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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="561b141467161804157811190078">[email protected]</a>

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 Sec. 11.15 paragraph (e)(1) is revised to read as follows:


Sec. 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.                   

[[Page 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\ 3,27
                                                                       5
Reinstatement of ``Q'' Access Authorization (expedited                  
 processing)..................................................  \2\ 3,80
                                                                       0
Extension or Transfer of ``Q''................................  \2\ 3,27
                                                                       5
Extension or Transfer of ``Q'' (expedited processing).........  \2\ 3,80
                                                                      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.                   
\2\ Full 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


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