[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Rules and Regulations]
[Pages 26355-26357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12104]



=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 11 and 25

RIN 3150-AF21


NRC Licensee Renewal/Reinvestigation Program

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission is amending its regulations 
to eliminate the five-year expiration date for licensee ``U'' and ``R'' 
special nuclear material access authorizations and ``Q'' and ``L'' 
access authorizations and to require the licensee to submit NRC renewal 
application paperwork only for an individual who has not been 
reinvestigated by the Department of Energy (DOE) or another Federal 
agency within the five-seven year span permitted in the regulations. 
This final rule is necessary to achieve administrative efficiencies 
that reduce paperwork and cut red tape in a manner that is consistent 
with National Performance Review initiatives.

EFFECTIVE DATE: June 16, 1995.

FOR FURTHER INFORMATION CONTACT: James J. Dunleavy, Division of 
Security, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001 telephone (301) 415-7404.

SUPPLEMENTARY INFORMATION: The NRC currently requires ``U'' and ``R'' 
special nuclear material access authorizations and ``Q'' and ``L'' 
access authorizations [[Page 26356]] to expire five years from the 
issuance date unless a timely application is made for renewal. An 
application for renewal must include a personnel security forms packet, 
including a Questionnaire for Sensitive Positions (SF-86, Parts 1 and 
2), two completed standard fingerprint cards (FD-258), other related 
forms, and a statement of continuing need by the licensee.
    For those individuals who also have an active DOE or other 
comparable access authorization and are subject to DOE's or another 
Federal agency's reinvestigation program, the application that must be 
filed with the NRC consists of an NRC Form 237, ``Request for Access 
Authorization,'' or comparable list containing the individual's full 
name, social security number, date of birth, type of request (renewal), 
the agency conducting the reinvestigation and the date of 
reinvestigation submittal, and a statement of continuing need by the 
licensee.
    The final rule eliminates the five-year expiration date for ``U'', 
``R'', ``Q'' and ``L'' access authorizations and requires renewal 
application paperwork to be submitted to NRC only for an individual who 
has not been reinvestigated by DOE or another Federal agency for any 
reason within the five-seven year span permitted in the regulations.
    This final rule reduces paperwork for the licensee and NRC, cuts 
red tape, and achieves the timely reinvestigation of licensee personnel 
on a more cost effective basis.
    The comment period on the proposed rule (December 28, 1994; 59 FR 
66812) closed on January 27, 1995. No comments were received from the 
public. This final rule becomes effective 30 days after publication in 
the Federal Register.
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). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule amends information collection requirements that are 
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq). 
These requirements were approved by the Office of Management and 
Budget, approval numbers 3150-0050, -0062 and -0046. Because the rule 
relaxes existing information collection requirements, the public burden 
for this collection of information is expected to be reduced by three 
hours per licensee. This reduction includes the time required for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing the burden, to the Information and Records 
Management Branch (T6-F33), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to the Desk Officer, Office of 
Information and Regulatory Affairs, NEOB-10202, (3150-0050, -0062, and 
-0046), Office of Management and Budget, Washington, DC 20503.

Regulatory Analysis

    The NRC has prepared a regulatory analysis on this final rule. 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), Room LL6, 
Washington, DC. Single copies of the analysis may be obtained from 
James J. Dunleavy, Division of Security, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 
(301) 415-7404.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, 5 
U.S.C.605(b), the Commission certifies that this rule does not have a 
significant economic impact on a substantial number of small entities. 
This final rule only applies to those licensees and others who need to 
use, process, store, transport, or deliver to a carrier for transport, 
formula quantities of special nuclear material (as defined in 10 CFR 
Part 73) or generate, receive, safeguard, and store National Security 
Information or Restricted Data (as defined in 10 CFR Part 95). 
Approximately 20 NRC licensees and other license-related interests are 
affected under the provisions of 10 CFR Parts 11 and 25. Because these 
licensees are not classified as small entities as defined by the NRC's 
size standards (April 11, 1995; 60 FR 18344), the Commission finds that 
this rule will not have a significant economic impact upon a 
substantial number of small entities.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule, and therefore, that a backfit analysis is 
not required because these amendments do not involve any provisions 
which would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subject

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 (c) is revised to read as follows:


Sec. 11.15  Application for special nuclear material access 
authorization.

* * * * *
    (c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this 
section, NRC-U and NRC-R special nuclear material access authorizations 
must be renewed every five years from the date of issuance. An 
application for renewal must be submitted at least 120 days before the 
expiration of the five year period and must include:
    (i) A statement by the licensee that at the time of application for 
renewal the individual's assigned or assumed job requires an NRC-U 
special nuclear material access authorization, justified by appropriate 
reference to the licensee's security plan;
    (ii) The questionnaire for Sensitive Positions (SF-86, Parts 1 and 
2);
    (iii) Two completed standard fingerprint cards (FD-258); and
    (iv) Other related forms specified in accompanying NRC instructions 
(NRC Form 254). [[Page 26357]] 
    (2) An exception to the time for submission of NRC-U special 
nuclear material access authorization renewal applications and the 
paperwork required is provided for those individuals who have a current 
and active DOE-Q access authorization and who are subject to DOE 
Reinvestigation Program requirements. For these individuals, the 
submission to DOE of the SF-86 pursuant to DOE Reinvestigation Program 
requirements (generally every five years) will satisfy the NRC renewal 
submission and paperwork requirements even if less than five years has 
passed since the date of issuance or renewal of the NRC-U access 
authorization. Any NRC-U special nuclear material access authorization 
renewed in response to provisions of this paragraph will not be due for 
renewal until the date set by DOE for the next reinvestigation of the 
individual pursuant to DOE's Reinvestigation Program.
    (3) An exception to the time for submission of NRC-R special 
nuclear material access authorization renewal applications and the 
paperwork required is provided for those individuals who have a current 
and active DOE-L or DOE-Q access authorization and who are subject to 
DOE Reinvestigation Program requirements. For these individuals, the 
submission to DOE of the SF-86 pursuant to DOE Reinvestigation Program 
requirements (generally every five years) will satisfy the NRC renewal 
submission and paperwork requirements even if less than five years has 
passed since the date of issuance or renewal of the NRC-R access 
authorization. Any NRC-R special nuclear material access authorization 
renewed pursuant to this paragraph will not be due for renewal until 
the date set by DOE for the next reinvestigation of the individual 
pursuant to DOE's Reinvestigation Program.
    (4) Notwithstanding the provisions of paragraph (c)(2) or (c)(3) of 
this section, the period of time for the initial and each subsequent 
NRC-U or NRC-R renewal application to NRC may not exceed seven years. 
Any individual who is subject to the DOE Reinvestigation Program 
requirements but, for administrative or other reasons, does not submit 
reinvestigation forms to DOE within seven years of the previous 
submission, shall submit a renewal application to NRC using the forms 
prescribed in paragraph (c)(1) of this section before the expiration of 
the seven year period.
* * * * *

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.O. 10865, as amended, 3 CFR 1959-1963 COMP., p. 398 (50 
U.S.C. 401, note); E.O. 12356, 47 FR 14874, April 6, 1982.

    Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701.)
    4. In Sec. 25.21, paragraph (c) is revised to read as follows:


Sec. 25.21  Determination of initial and continued eligibility for 
access authorization.

* * * * *
    (c) (1) Except as provided in paragraph (c)(2) of this section, NRC 
``Q'' and ``L'' access authorizations must be renewed every five years 
from the date of issuance. An application for renewal must be submitted 
at least 120 days before the expiration of the five year period, and 
must include:
    (i) A statement by the licensee or other person that the individual 
continues to require access to classified National Security Information 
or Restricted Data; and
    (ii) A personnel security packet as described in Sec. 25.17(c).
    (2) Renewal applications and the paperwork required for renewal 
applications are not required for individuals who have a current and 
active access authorization from another Federal agency and who are 
subject to a reinvestigation program by that agency that is determined 
by NRC to meet NRC's requirements (the DOE Reinvestigation Program has 
been determined to meet NRC's requirements). For such individuals, the 
submission of the SF-86 by the licensee or other person to the other 
government agency pursuant to their reinvestigation requirements will 
satisfy the NRC renewal submission and paperwork requirements, even if 
less than five years has passed since the date of issuance or renewal 
of the NRC ``Q'' or ``L'' access authorization. Any NRC access 
authorization continued in response to the provisions of this paragraph 
will, thereafter, not be due for renewal until the date set by the 
other government agency for the next reinvestigation of the individual 
pursuant to the other agency's reinvestigation program. However, the 
period of time for the initial and each subsequent NRC ``Q'' or NRC 
``L'' renewal application to NRC may not exceed seven years. Any 
individual who is subject to the reinvestigation program requirements 
of another Federal agency but, for administrative or other reasons, 
does not submit reinvestigation forms to that agency within seven years 
of the previous submission, shall submit a renewal application to NRC 
using the forms prescribed in Sec. 25.17(c) before the expiration of 
the seven year period.

    Dated at Rockville, MD, this 8th day of May 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-12104 Filed 5-16-95; 8:45 am]
BILLING CODE 7590-01-P