[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-18506] Federal Register / Vol. 59, No. 145 / Friday, July 29, 1994 / [[Page Unknown]] [Federal Register: July 29, 1994] VOL. 59, NO. 145 Friday, July 29, 1994 NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 RIN 3150-AF09 Temporary Access to Safeguards Information AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its regulations concerning requirements for criminal history checks of individuals granted access to safeguards information. The final rule is a minor procedural change that corrects a defect in the rule that limits the Commission's authority to waive certain requirements and allow temporary access to safeguards information (SGI) pending completion of criminal history checks. EFFECTIVE DATE: August 29, 1994. FOR FURTHER INFORMATION CONTACT: N.E. Ervin, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, Telephone (301) 504-2946. SUPPLEMENTARY INFORMATION: Background Section 606 of Public Law 99-399, ``The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986,'' added Section 149, ``Fingerprinting for Criminal History Record Checks,'' to the law that requires nuclear power reactor licensees and applicants to conduct criminal history checks through the use of FBI criminal history data on each individual who is permitted unescorted access to the facility or is permitted access to safeguards information. Section 149.b states, ``The Commission, by rule, may relieve persons from the obligations imposed by this section, under specified terms, conditions, and periods, if the Commission finds that such action is consistent with its obligations to promote the common defense and security and to protect the health and safety of the public.'' NRC implementing regulations were published March 2, 1987, as a new Sec. 73.57 to 10 CFR Part 73 entitled, ``Requirements for Criminal History Checks of Individuals Granted Unescorted Access to a Nuclear Power Facility or Access to Safeguards Information by Power Reactor Licensees.'' Relief from the requirements for certain situations is provided in Sec. 73.57(b)(2)(iv) which states: ``Upon further notice to licensees and without further rulemaking, the Commission may waive certain requirements of this section on a temporary basis for temporary workers.'' In Generic Letter 87-10, ``Implementation of 10 CFR 73.57, Requirements For FBI Criminal History Checks,'' the NRC staff addressed certain conditions under which these waivers may be granted. The defect that has been identified is that waiver authority is limited to temporary workers and excludes relief for permanent workers. This limitation creates questions about applying the waiver to permanent workers who may need access to safeguards information pending completion of their criminal history checks. This final rule amends 10 CFR 73.57 to clarify the Commission's authority to temporarily waive certain requirements of the section without further rulemaking as provided by Public Law 99-399. Specifically, the final rule removes the phrase, ``for temporary workers,'' from 10 CFR 73.57(b)(2)(iv). Correcting this defect provides the Commission with the authority to temporarily waive certain requirements for permanent workers as well as temporary workers. Permanent workers will be able to have access to safeguards information before the results of their FBI criminal history checks have been received and evaluated. This relieves an unnecessary and unreasonable burden on licensees. Permanent employees recently assigned to the site and granted unescorted access based on temporary access provisions, pending completion of criminal history checks, may now have access to SGI. Without this amendment, these employees would be precluded from tasks for which access to SGI is necessary until the results of the criminal history checks were complete. This amendment is consistent with the waiver provisions that allow temporary workers, under the same circumstances, access to SGI when this access is needed for specified tasks. Because this amendment is a minor procedural change that corrects an administrative defect in the rule, notice of proposed rulemaking and public procedures on the subject are impractical and unnecessary under 5 U.S.C. 553. This amendment is 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 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 control 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. List of Subjects in 10 CFR Part 73 Criminal penalties, Export, Hazardous materials transportation, Import, Nuclear materials, Nuclear power plants and reactors, 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 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 (b)(2)(iv) 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. * * * * * (b) * * * (2) * * * (iv) Upon further notice to licensees and without further rulemaking, the Commission may waive certain requirements of this section on a temporary basis. * * * * * Dated at Rockville, Maryland this 14th day of July 1994. For the Nuclear Regulatory Commission. James M. Taylor, Executive Director for Operations. [FR Doc. 94-18506 Filed 7-28-94; 8:45 am] BILLING CODE 7590-01-P