[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Rules and Regulations]
[Pages 661-662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-250]


[[Page Unknown]]

[Federal Register: January 6, 1994]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

RIN 3150-AE93

 

Fingerprint Cards: Change in User Fee

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to reflect an administrative change in the procedure for 
notifying licensees of changes in the user fee charged by the Federal 
Bureau of Investigation (FBI) for processing fingerprint cards as part 
of the criminal history checks that nuclear power reactor licensees are 
required to perform for those individuals granted unescorted access to 
an operating nuclear power facility or access to Safeguards 
Information. This notice also informs licensees of the new user fee 
adopted by the FBI effective January 3, 1994.

EFFECTIVE DATE: February 7, 1994.

FOR FURTHER INFORMATION CONTACT:
C.H. Hendren, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Telephone (301) 504-
3209.

SUPPLEMENTARY INFORMATION: 

Background

    The provisions of 10 CFR 73.57 requires licensees to process 
fingerprint cards through the NRC to the FBI Criminal Justice 
Information Services Division which then does a criminal history check. 
A user fee for processing fingerprint cards was required by Congress 
(Pub. L. 99-399), is established by the FBI, and is periodically 
increased as the FBI's processing costs change.

Discussion

    On December 3, 1993, the FBI's Division of Criminal Justice 
Information Services (CJIS) notified the Nuclear Regulatory Commission 
that the ``user fee'' charged by the FBI for processing fingerprint 
cards had been increased from $23.00 to $24.00 effective January 3, 
1994. The FBI user fee includes a $2.00 handling cost for the agency 
doing the initial screening of the fingerprint cards, and provides that 
the agency doing the initial screening retains that handling cost. In 
the case of nuclear reactor licensees, the NRC performs this initial 
screening. The user fee is periodically changed by the FBI, as their 
processing costs change.
    Because this amendment pertains only to a user-fee change imposed 
by the FBI, the Commission for good cause finds that the notice and 
public procedure provisions of the Administrative Procedure Act are 
impractical and unnecessary. Comment will not serve to alter the FBI 
fee, which is outside the control of the NRC. Further, rather than 
engaging in an unnecessary rulemaking procedure to amend the rule every 
time the FBI changes the fee, this amendment removes the fee amount 
from the rule. The Commission will advise licensees directly when the 
FBI fee changes. A notice of the FBI fee change pertaining to NRC 
licensees will also be published in the Federal Register.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described as a categorical exclusion in 10 CFR 51.22(c)(2). 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 1980 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget under approval number 3150-0002.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to the action taken in this final rulemaking and, therefore, 
that a backfit analysis is not required for this final rule because 
this amendment does not involve any provisions which would impose 
backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects in 10 CFR Part 73

    Criminal penalties, Export, Hazardous materials transportation, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Security measures.

    For the reasons stated 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 amendment to 10 CFR part 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

    1. The authority citation for part 73 continues to read as follows:

    Authority: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 
147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, as 
amended, 204, 88 Stat. 1242, as amended, 1245 (42 U.S.C. 5841, 
5844).
    Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 
96 Stat. 2232, 2241, (42 U.S.C. 10155, 10161). Section 73.37(f) also 
issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 
note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 
Stat. 876 (42 U.S.C. 2169).

    2. In Sec. 73.57, paragraph (d)(3) is revised to read as follows:


Sec. 73.57  Requirements for criminal history checks of individuals 
granted unescorted access to a nuclear power facility or access to 
Safeguards Information by power reactor licensees.

* * * * *
    (d) * * *
    (3) Fees for the processing of fingerprint checks are due upon 
application. Licensees shall submit payment with the application for 
the processing of fingerprints through corporate check, certified 
check, cashier's check, or money order made payable to ``U.S. NRC.'' 
The amount of the fee is the user fee for processing fingerprint cards 
submitted by the Nuclear Regulatory Commission on behalf of nuclear 
power plants charged by the FBI for each card. Combined payment for 
multiple applications is acceptable. The Commission will publish the 
user fee charged by the FBI in the Federal Register whenever the fee 
changes. The Commission will directly notify licensees who are subject 
to this regulation of any fee changes.
* * * * *
    Dated at Rockville, Maryland this 22nd day of December, 1993.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-250 Filed 1-5-94; 8:45 am]
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