7 May 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Federal Register: May 7, 1998 (Volume 63, Number 88)]
[Rules and Regulations]
[Page 25156-25157]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my98-3]

[[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 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 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
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\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
