[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 /
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[[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.

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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]
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