[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31772]
[Federal Register: December 28, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 11 and 25
RIN 3150-AF21
NRC Licensee Renewal/Reinvestigation Program
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission proposes to amend 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 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. The proposed rule would achieve administrative
efficiencies that reduce paperwork and cut red-tape in a manner that is
consistent with National Performance Review Initiatives.
DATES: Comment period expires January 27, 1995. Comments received after
this date will be considered if it is practical to do so, but the
Commission is able to assure consideration only for comments received
on or before this date.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Attention: Docketing and Service
Branch.
Deliver comments to: 11555 Rockville Pike, Rockville, Maryland,
between 7:30 a.m. and 4:15 p.m. on Federal workdays.
Copies of the regulatory analysis and comments received may be
examined at: The NRC's Public Document Room, 2120 L Street, NW. (Lower
Level), room LL6, Washington, DC.
FOR FURTHER INFORMATION CONTACT: James J. Dunleavy, Division of
Security, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, telephone (301) 415-7404.
SUPPLEMENTARY INFORMATION: The NRC currently requires ``U'' and ``R''
special nuclear access authorizations and ``Q'' and ``L'' access
authorizations 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 proposed rule would eliminate the five year expiration date for
``U'', ``R'', ``Q'' and ``L'' access authorizations and require 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 proposed rule would reduce paperwork for the licensee and NRC,
cut red-tape and achieve the timely reinvestigation of licensee
personnel on a more cost effective basis.
Environmental Impact: Categorical Exclusion
The NRC has determined that this proposed regulation 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 proposed rule.
Paperwork Reduction Act Statement
This proposed rule amends information collection requirements that
are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq). This rule has been submitted to the Office of Management and
Budget for review and approval of the paperwork requirements.
Because the rule will relax 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 the estimated burden reduction or any other aspect of this
collection of information, including suggestions for reducing this
burden, to the Information and Records Management Branch (T-6 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 proposed
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), 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, telephone (301) 415-7404.
Regulatory Flexibility Certification
Based upon the information available at this stage of the
rulemaking proceeding and in accordance with the Regulatory Flexibility
Act of 1980, 5 U.S.C.605(b), the Commission certifies that, if
promulgated, this rule will not have a significant economic impact on a
substantial number of small entities. This rulemaking 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 licensee and other
license related interests would be 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 (November 6,
1991; 56 FR 56671), 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 proposed 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 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. 553, the NRC is proposing to
adopt 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).
(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 meet 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 meet 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, paragraphs (c)(1) and (c)(2) are 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
meet 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 15th day of November, 1994.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-31772 Filed 12-27-94; 8:45 am]
BILLING CODE 7590-01-P
