[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Rules and Regulations]
[Pages 27408-27412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9415]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 11 and 25
RIN 3150-AH99
Access Authorization Fees
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending the agency
access authorization fees charged to licensees for work performed under
the Material Access Authorization Program (MAAP) and the Information
Access Authority Program (IAAP). The amended cost is due to an increase
of the review time for each application for access authorization. The
formula for calculating fees remains the same as based on current
Office of Personnel Management (OPM) billing rates for personnel
background investigations. The formula is designed to recover the full
cost of processing a request for access authorization from the
licensee. The use of the fee assessment formula tied to current OPM
billing rates eliminates the need for the NRC to update its access
authorization fee schedules through regular rulemakings.
DATES: The effective date of the final rule is June 15, 2007.
[[Page 27409]]
FOR FURTHER INFORMATION CONTACT: Emily Banks, Office of Administration,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone (301) 415-0320, e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
Certain individuals employed by licensees or contractors of the NRC
are assigned duties which require access to special nuclear material
(plutonium, uranium-233, and uranium enriched in the isotopes uranium-
233 or uranium-235) or to restricted data or national security
information. Individuals who require access to this material or
information must obtain an access authorization from the NRC. When a
licensee requests access authorization for an employee or a contractor,
the NRC initiates a background investigation of the individual seeking
access authorization. Based on the results of that investigation, the
NRC will determine whether permitting the individual access to special
nuclear material, restricted data, or national security information
would create a security risk.
OPM conducts the required access authorization background
investigations for the NRC and sets the rates charged for these
investigations. The combined cost of the OPM background investigation
and any related NRC processing activities are recovered from the
licensee through an access authorization fee assessed by the NRC. It is
the NRC's practice to publish the fee schedule for special nuclear
material access authorization in 10 CFR 11.15(e)(1) and the
corresponding fee schedule for restricted data and national security
information access authorization in Appendix A to 10 CFR part 25. Both
schedules are based on rates charged by OPM for conducting the required
background investigations.
Discussion
This final rule amends Sec. Sec. 11.15(e) and 25.17(f), and
Appendix A to part 25 by modifying the fee charged to licensees for
work performed under the MAAP and IAAP from 11.6 percent of the OPM
billing rates to 31.7 percent. This modification will ensure that the
NRC's administrative costs are fully recovered through access
authorization fees charged to licensees.
This final rule will continue to allow licensees to calculate the
NRC fee for any given application by reference to the current OPM
billing schedule for personnel investigation services. Investigations
Reimbursable Billing Rates for personnel background checks are
published by OPM's Investigations Service in a Federal Investigation
Notice (FIN). The current OPM billing rates were published as FIN 06-08
on September 11, 2006, and became effective on October 1, 2006. FIN 06-
08 is available on OPM's Investigations Service Web site at http://www.opm.gov/extra/investigate/fins.htm. NRC licensees can also obtain
the current OPM investigations rate schedule from the Personnel
Security Branch of the NRC's Division of Facilities and Security by
contacting the individual named under the FOR FURTHER INFORMATION
CONTACT heading.
The amendments specify the NRC's access authorization fee for any
given request as the sum of the current OPM billing rate for the
required investigation, and the NRC's in-house processing fee. As noted
previously, the OPM billing rate is pulled directly from the current
OPM fee schedule for investigations. The tables in Sec. 11.15(e)(2)
and Appendix A to part 25 cross-reference each type of NRC access
authorization request to the appropriate investigation service listed
in OPM's fee schedule. The NRC's in-house processing fee is 31.7
percent of the relevant OPM rate. The in-house processing fee of 31.7
percent is based on a recent NRC audit of actual in-house costs
incurred in processing licensee applications for access authorization.
This fixed percentage of the OPM rate, when added to the base OPM
investigations charge, yields the total access authorization fee
assessed by the NRC {OPM rate + [(OPM rate x 31.7%), rounded to the
nearest dollar] = NRC access authorization fee{time} .
For example, a licensee seeking a special nuclear material ``NRC-
U'' access authorization requiring a single scope background
investigation is directed by the table in Sec. 11.15(e)(2) to
calculate the application fee based on the OPM billing rate for a
``Code C'' Single Scope Background Investigation (SSBI). According to
the current OPM investigations fee schedule (FIN 06-08), OPM charges
$3,550 for a ``Code C'' SSBI. The table instructs the licensee to
calculate the NRC processing fee by multiplying $3,550 by 31.7 percent,
which equals $1,125.35. The licensee then rounds the NRC processing fee
to the nearest dollar, or $1,125, and adds that amount to the OPM
investigations fee of $3,550 to determine the total assessed material
access authorization fee: $4,675. The following table illustrates the
calculation process:
----------------------------------------------------------------------------------------------------------------
Plus NRC application processing fee Equals total NRC
Current OPM ----------------------------------------------------------------------------- access
billing rate for authorization fee
SSBI-C OPM rate x 31.7% = NRC fee (rounded to nearest $) for NRC-U
application
----------------------------------------------------------------------------------------------------------------
$3,550 $3,550 x 31.7% = $1,125.35 (rounded to $1,125) = $4,675
----------------------------------------------------------------------------------------------------------------
Licensees applying for restricted data or national security
information access authorization follow a similar procedure. The table
in Appendix A to part 25 cross-references each type of ``Q'' or ``L''
access authorization to the corresponding OPM investigation type. The
OPM billing rate for the type of investigation referenced is determined
by consulting the current OPM schedule of billing rates. This rate is
then plugged into the fee assessment formula {OPM rate + [(OPM rate x
31.7%), rounded to the nearest dollar] = NRC access authorization
fee{time} , illustrated previously, to calculate the correct NRC access
authorization fee for the type of application submitted.
Section-by-Section Analysis
Section 11.15(e)
Section 11.15(e)(1) describes how the OPM bills the NRC for the
cost of each background investigation of a given type and provides the
formula used in calculating the material access authorization fee. The
percentage of the OPM billing rates in this formula is being changed
from 11.6% of the OPM billing rate to 31.7% of that rate. This section
also explains how to access the OPM billing schedule and specifies that
any changes to the NRC's access authorization fees will be applicable
to each access authorization request received on or after the effective
date of OPM's most recently published billing schedule.
Section 11.15(e)(2) directs licensees to remit the appropriate
access authorization fee with each application submitted, in accordance
with the table presented in that section. The table cross-references
each type of NRC material access authorization request to
[[Page 27410]]
a type of investigation in the current OPM fee schedule, and directs
licensees to calculate the application fee according to the stated
formula {OPM rate + [(OPM rate x 31.7%), rounded to the nearest dollar]
= NRC access authorization fee{time} .
Section 11.15(e)(3) indicates that applications for individuals
that have a current access authorization from another Federal agency
may be processed expeditiously at no cost to the licensee.
Section 25.17(f)
Section 25.17(f)(1) describes how the OPM bills the NRC for the
cost of each background investigation and provides the formula used in
calculating national security information and restricted data access
authorization fees. This section also explains how to access the OPM
billing schedule and specifies that any changes to the NRC access
authorization fees will be applicable to each access authorization
request received on or after the effective date of OPM's most recently
published billing schedule.
Section 25.17(f)(2) directs licensees to remit the appropriate
national security information or restricted data access authorization
fee with each application submitted. Applicants are instructed to
calculate the appropriate fee by using the stated formula {OPM rate +
[(OPM rate x 31.7%), rounded to the nearest dollar] = NRC access
authorization fee{time} with reference to the table in appendix A to
part 25.
Section 25.17(f)(3) indicates that applications for individuals
that have a current access authorization from another Federal agency
may be processed expeditiously at no cost to the licensee.
Appendix A to Part 25
The revised table in Appendix A to part 25 cross-references each
type of NRC ``Q'' or ``L'' access authorization request to a type of
investigation in the current OPM fee schedule, and directs licensees to
calculate the application fee according to the stated formula.
Because this final rule deals solely with agency practice and
procedure, the notice and comment provisions of the Administrative
Procedure Act do not apply under 5 U.S.C. 553(b)(A). The final rule is
effective 30 days after its publication in the Federal Register.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires agencies to use technical standards
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is inconsistent with applicable law or is
otherwise impractical. This final rule amends the formula for
calculating the NRC access authorization fee charged to licensees for
work performed under MAAP and IAAP from 11.6 percent of the OPM billing
rate for an investigation of a given type to 31.7 percent.
This action is administrative in nature and does not involve the
establishment or application of a technical standard containing
generally applicable requirements.
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusions 10 CFR 51.22(c)(1) and (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 new or amended information
collection requirements subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget (OMB), approval numbers 3150-0046 and
3150-0062.
Public Protection Notification
If a means used to impose 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
A regulatory analysis has not been prepared for this final
rulemaking. This final rule ensures that the NRC recovers the full cost
of application processing from licensees submitting access
authorization requests. The formula method for calculating these fees
continues to provide a more efficient and effective mechanism for
updating NRC access authorization fees in response to changes in the
underlying OPM rate schedule for required personnel background
investigations. These amendments are administrative in nature and will
neither impose new nor relax existing safety requirements and, thus, do
not call for the sort of safety/cost analysis described in the agency's
regulatory analysis guidelines in NUREG/BR-0058.
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 Chapter I.
Congressional Review Act
In accordance with the Congressional Review Act, 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.
0
For the reasons set forth 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
0
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); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31
U.S.C. 9701).
0
2. In Sec. 11.15, paragraph (e) is revised to read as follows:
Sec. 11.15 Application for special nuclear material access
authorization.
* * * * *
(e)(1) The Office of Personnel Management (OPM) bills NRC for the
cost of each background investigation conducted in support of an
application for special nuclear material access authorization. The
combined cost of the OPM investigation and NRC's application processing
overhead are recovered from the licensee through a material access
authorization fee calculated with reference to current OPM personnel
investigation billing rates {OPM rate + [(OPM rate x 31.7%), rounded to
the nearest dollar] = NRC access authorization fee{time} . Updated OPM
[[Page 27411]]
billing rates are published periodically in a Federal Investigations
Notice (FIN) issued by OPM's Investigations Service. Copies of the
current OPM billing schedule can be obtained by phoning the NRC's
Personnel Security Branch, Division of Facilities and Security, Office
of Administration at (301-415-7739). Any change in the NRC's access
authorization fees will be applicable to each access authorization
request received on or after the effective date of OPM's most recently
published investigations billing schedule.
(2) Each application for a 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. Applicants shall calculate the access authorization fee
according to the stated formula {OPM rate + [(OPM rate x 31.7%),
rounded to the nearest dollar] = NRC access authorization fee{time}
and with reference to the following table:
----------------------------------------------------------------------------------------------------------------
Plus the NRC's
processing fee (rounded
to the nearest dollar),
Is the sum of the current OPM billing which is equal to the
The NRC application fee for an access rate charged for an investigation of OPM billing rate for
authorization of type * * * type * * * the type of
investigation
referenced multiplied
by * * * (percent)
----------------------------------------------------------------------------------------------------------------
I. NRC-R \1\................................... NACLC--National Agency Check with Law 31.7
and Credit (Standard Service, Code B).
ii. NRC-R \1\ (expedited processing)........... NACLC--National Agency Check with Law 31.7
and Credit (Expedite Handling, Code
A).
iii. NRC-R based on certification of comparable No fee assessed for most applications. .......................
investigation \2\.
iv. NRC-R renewal \1\.......................... NACLC--National Agency Check with Law 31.7
and Credit (Standard-Service, Code B).
v. NRC-U requiring single scope investigation.. SSBI-SIngle Scope Background 31.7
Investigation (120 Day Service, Code
C).
vi. NRC-U requiring single scope investigation SSBI--Single Scope Background 31.7
(expedited processing). Investigation (35 Day Service, Code
A).
vii. NRC-U based on certification of comparable No fee assessed for most applications. .......................
investigation \2\.
viii. NRC-U renewal \2\....................... LBI--Limited Background Investigation 31.7
(120 Day Service, Code C).
----------------------------------------------------------------------------------------------------------------
\1\ If the NRC, having reviewed the available data, deems it necessary to perform a single scope investigation,
the appropriate NRC-U fee will be assessed before the conduct of the investigation.
\2\ If the NRC determines, based on its review of available data, that a single scope investigation is
necessary, the appropriate NRC-U fee will be assessed before the conduct of the investigation.
(3) Certain applications from individuals having current Federal
access authorizations may be processed expeditiously at no cost to the
licensee because the Commission, at its discretion, may decide to
accept the certification of access authorizations and investigative
data from other Federal government agencies that grant personnel access
authorizations.
* * * * *
PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL
0
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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O. 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, as amended, 3
CFR, 1995 Comp., p. 333, as amended by E.O. 13292, 3 CFR 2004 Comp.,
p. 196; E.O. 12968, 3 CFR, 1995 Comp, p. 396.
Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).
0
4. In Sec. 25.17, paragraph (f) is revised to read as follows:
Sec. 25.17 Approval for processing applicants for access
authorization.
* * * * *
(f)(1) The Office of Personnel Management (OPM) bills NRC for the
cost of each background investigation conducted in support of an
application for access authorization. The combined cost of the OPM
investigation and NRC's application processing overhead are recovered
from the licensee through an authorization fee calculated with
reference to current OPM personnel investigation billing rates {OPM
rate + [(OPM rate x 31.7%), rounded to the nearest dollar] = NRC access
authorization fee{time} . Updated OPM billing rates are published
periodically in a Federal Investigations Notice (FIN) issued by OPM's
Investigations Service. Copies of the current OPM billing schedule can
be obtained by phoning the NRC's Personnel Security Branch, Division of
Facilities and Security, Office of Administration at (301-415-7739).
Any change in the NRC's access authorization fees will be applicable to
each access authorization request received on or after the effective
date of OPM's most recently published investigations billing schedule.
(2) Applications for access authorization or access authorization
renewal processing that are submitted to the NRC for processing must be
accompanied by a check or money order, payable to the U.S. Nuclear
Regulatory Commission, representing the current cost for the processing
of each ``Q'' and ``L'' access authorization, or renewal request.
Applicants shall calculate the access authorization fee according to
the stated formula {OPM rate + [(OPM rate x 31.7%), rounded to the
nearest dollar] = NRC access authorization fee{time} and with
reference to the table in appendix A to this part.
(3) Certain applications from individuals having current Federal
access authorizations may be processed more expeditiously and at less
cost, because the Commission, at its discretion, may decide to accept
the certification of access authorization and investigative data from
other Federal Government agencies that grant personnel access
authorizations.
[[Page 27412]]
0
5. Appendix A to part 25 is revised to read as follows:
Appendix A to Part 25.--Fees for NRC Access Authorization
----------------------------------------------------------------------------------------------------------------
Plus the NRC's
processing fee (rounded
to the nearest dollar),
Is the sum of the current OPM billing which is equal to the
The NRC application fee for an access rate charged for an investigation of OPM billing rate for
authorization of type * * * type * * * the type of
investigation
referenced multiplied
by * * * (percent)
----------------------------------------------------------------------------------------------------------------
Initial ``L'' access authorization \1\......... ANACI--Access National Agency Check 31.7
with Inquiries (Standard Service,
Code B).
Initial ``L'' access authorization \1\ ANACI--Access National Agency Check 31.7
expedited processing. with Inquiries (Expedite Handling,
Code A.
Reinstatement of ``L'' access authorization \2\ No fee assessed for most applications.
Renewal of access authorization \1\............ NACLC--Access National Agency Check 31.7
with Inquiries (Standard Service,
Code B).
Initial ``Q'' access authorization............. SSBI--Single Scope Background 31.7
Investigation (120 Day Service, Code
C).
Initial ``Q'' access authorization (expedited SSBI--Single Scope Background 31.7
processing). Investigation (35 Day Service, Code A.
Reinstatement of ``Q'' access authorization \2\ No fee assessed for most applications.
Renewal of ``Q'' access authorization \1\...... SSBI-PR--Single Scope Background 31.7
Investigation (120 Day Service, Code
C).
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\1\ If the NRC determines, based on its review of available data, that a single scope investigation is
necessary, the appropriate fee for an Initial ``Q'' access authorization will be assessed before the conduct
of investigation.
\2\ Full fee will only be charged if an investigation is required.
Dated at Rockville, Maryland, this 26th day of March, 2006.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-9415 Filed 5-15-07; 8:45 am]
BILLING CODE 7590-01-P