Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Rules and Regulations 26355

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

in conflict with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.), the information collection or

recordkeeping requirements included in

this rule have been approved by the

Office of Management and Budget

(OMB), and there are no new

requirements. The assigned OMB

control number is 0579–0070.

List of Subjects in 9 CFR Part 85

Animal diseases, Livestock,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 9 CFR part 85 is

amended to read as follows:

PART 85—PSEUDORABIES

1. The authority citation for part 85

continues to read as follows:

Authority: 21 U.S.C. 111, 112, 113, 115,

117, 120, 121, 123–126, 134b, and 134f; 7

CFR 2.17, 2.51, and 371.2(d).

§ 85.1 [Amended]

2. In § 85.1, in the definition of

certificate, the first sentence is amended

by adding the words ‘‘vaccinated with a

glycoprotein I (gpI) deleted gene-altered

pseudorabies vaccine or’’ immediately

after the words ‘‘gene-altered

pseudorabies vaccinates’’.

3. In § 85.1, in the definition of

official pseudorabies test, in the second

sentence, item 4 is amended by adding

the words ‘‘other than the glycoprotein

I (gpI) ELISA test’’ immediately after the

word ‘‘tests’’.

4. In § 85.6, a new paragraph (c) is

added to read as follows:

§ 85.6 Interstate movement of

pseudorabies vaccinate swine, except

swine from qualified negative gene-altered

herds, not known to be infected with or

exposed to pseudorabies.

* * * * *

(c) General movements. Swine

vaccinated for pseudorabies with a

glycoprotein I (gpI) deleted gene-altered

pseudorabies vaccine and not known to

be infected with or exposed to

pseudorabies, but that are not from a

qualified negative gene-altered

vaccinated herd, may be moved

interstate to destinations other than

those set forth in paragraphs (a) and (b)

of this section only if:

(1) The swine are accompanied by a

certificate and such certificate is

delivered to the consignee; and

(2) The certificate, in addition to the

information described in § 85.1, states:

(i) The identification required by

§ 71.19 of this chapter;

(ii) That each animal to be moved was

vaccinated for pseudorabies with a gpIdeleted gene-altered pseudorabies

vaccine;

(iii) That each animal to be moved

was subjected to a gpI enzyme-linked

immunosorbent assay (ELISA) approved

differential pseudorabies test no more

than 30 days prior to the interstate

movement and was found negative;

(iv) The date of the gpI ELISA

approved differential pseudorabies test;

and

(v) The name of the laboratory that

conducted the gpI ELISA approved

differential pseudorabies test.

Done in Washington, DC, this 11th day of

May 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–12149 Filed 5–16–95; 8:45 am]

BILLING CODE 3410–34–P

Animal and Plant Health Inspection

Service, USDA

9 CFR Parts 92 and 98

[Docket No. 94–087–2]

Canadian Border Ports; Baudette, MN

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: On March 29, 1995, the

Animal and Plant Health Inspection

Service published a direct final rule.

(See 60 FR 16043–16045). The direct

final rule notified the public of our

intention to amend the animal

importation regulations by adding

Baudette, MN, as a Canadian border port

for pet birds, poultry, horses, ruminants,

swine, and germ plasm. We did not

receive any written adverse comments

or written notice of intent to submit

adverse comments in response to the

direct final rule

EFFECTIVE DATE: The effective date of the

direct final rule is confirmed as May 30,

1995.

FOR FURTHER INFORMATION CONTACT: Dr.

David Vogt, Senior Staff Veterinarian,

Import/Export Animals, National Center

for Import and Export, VS, APHIS, Suite

3B05, 4700 River Road Unit 39,

Riverdale, MD 20737–1231; (301) 734–

8172.

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

Done in Washington, DC, this 11th day of

May 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–12153 Filed 5–16–95; 8:45 am]

BILLING CODE 3410–34–M

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
26356 Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Rules and Regulations

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 § 11.15, paragraph (c) is revised

to read as follows:

§ 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).
Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Rules and Regulations 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 § 25.21, paragraph (c) is revised

to read as follows:

§ 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 § 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 § 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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. ANM–106; Special Conditions

No. 25–ANM–98]

Special Conditions; Raytheon

Corporate Jets, Inc., Model Hawker 800

Airplanes, High-Intensity Radiated

Fields

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final special conditions.

SUMMARY: These special conditions are

for the Raytheon Corporate Jets, Inc.,

Model Hawker 800 airplanes equipped

with modifications that install Garrett

TFE731–5BR–1H engines and a mach

trim system. The configuration of these

airplanes will utilize new and revised

electronic systems that perform

functions critical to the safety of the

airplane. The applicable regulations do

not contain adequate or appropriate

safety standards for the protection of

these systems from the effects of highintensity radiated fields. These special

conditions contain the additional safety

standards that the Administrator

considers necessary to establish a level

of safety equivalent to that established

by the existing airworthiness standards.

EFFECTIVE DATE: June 16, 1995.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, FAA,

Standardization Branch, ANM–113,

Transport Airplane Directorate, Aircraft

Certification Service, 1601 Lind Avenue

SW., Renton, Washington, 98055–4056.

SUPPLEMENTARY INFORMATION:

Background

On February 7, 1994, Raytheon

Corporate Jets, Inc., 3 Bishop Square, St.

Albans Road West, Hatfield,

Hertfordshire AL 10 9NE, England,

applied for a revision to type certificate