[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Proposed Rules]
[Pages 26213-26216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10710]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Proposed
Rules
[[Page 26213]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 11 and 25
RIN 3150-AJ00
[NRC-2011-0161]
Access Authorization Fees
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is proposing to amend its 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 in the review time for each
application for access authorization. The NRC's formula for calculating
fees remains the same and is based on current Office of Personnel
Management (OPM) billing rates for background investigations. The
formula is designed to recover the full cost of processing a request
for access authorization from an NRC licensee.
DATES: Submit comments by June 4, 2012. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may access information and comment submissions related
to this proposed rule, which the NRC possesses and is publicly
available, by searching on http://www.regulations.gov under Docket ID
NRC-2011-0161. You may submit comments related to this proposed rule by
the following methods:
Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0161. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
You may submit comments on the information collections by the
methods described in the SUPPLEMENTARY INFORMATION section of this
document, under the heading, ``Paperwork Reduction Act Statement.''
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Emily Robbins, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-492-3524, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2011-0161 when contacting the NRC
about the availability of information for this proposed rule. You may
access information related to this proposed rulemaking, which the NRC
possesses and is publicly available, by the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0161.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this notice is provided the first time
that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2011-0161 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS, and the NRC does not edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information in their comment submissions
that they do not want to be publicly disclosed. Your request should
state that the NRC will not edit comment submissions to remove such
information before making the comment submissions available to the
public or entering the comment submissions into ADAMS.
Procedural Background
Because the NRC considers this action noncontroversial and routine,
the NRC is publishing this proposed rule concurrently as a direct final
rule in the Rules and Regulations section of this Federal Register. The
amendments make a routine adjustment to the access authorization fees
and are of a minor and administrative nature. Adequate protection of
public health and safety continues to be ensured. The direct final rule
will become effective on June 22, 2012. However, if the NRC receives
significant adverse comments on the direct final rule by June 4, 2012,
then the NRC will publish a document that withdraws the direct final
rule. If the direct final rule is withdrawn, the NRC will address the
comments received in response to the proposed revisions in a subsequent
final rule. Absent significant
[[Page 26214]]
modifications to the proposed revisions requiring republication, the
NRC will not initiate a second comment period on this action in the
event the direct final rule is withdrawn.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule.
For additional procedural information, see the direct final rule
published in the Rules and Regulations section of this Federal
Register.
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 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 proposing
the following amendments to Title 10 of the Code of Federal Regulations
(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 is revised to read as
follows:
Authority: Atomic Energy Act sec. 161 (42 U.S.C. 2201); Energy
Reorganization Act sec. 201 (42 U.S.C. 5841); Government Paperwork
Elimination Act sec. 1704 (44 U.S.C. 3504 note).
Section 11.15(e) also issued under Independent Offices
Appropriations Act sec. 501, (31 U.S.C. 9701); Omnibus
Reconciliation Act of 1990 sec. 6101 (42 U.S.C. 2214).
Federal Register Citation: October 10, 2003; 68 FR 58792, 58800.
2. In Sec. 11.15:
i. Add paragraph (e) introductory text;
ii. Revise paragraphs (e)(1) and (e)(2);
iii. Redesignate paragraph (e)(3) as paragraph (e)(4); and
iv. Add a new paragraph (e)(3).
The revisions and addition read as follows:
Sec. 11.15 Application for special nuclear material access
authorization.
* * * * *
(e) The Office of Personnel Management (OPM) bills the NRC for the
cost of each background investigation conducted in support of an
application for special nuclear material access authorization
(application). The combined cost of the OPM investigation and the NRC's
application processing overhead (NRC processing fee) are recovered
through a material access authorization fee imposed on applicants for
special nuclear material access authorization.
(1) Each application for a special nuclear material access
authorization, renewal, or change in level must be accompanied by a
remittance, payable to the U.S. Nuclear Regulatory Commission, which is
equal to the NRC material access authorization fee. This fee must be
determined using the following formula: the OPM investigation billing
rates on the day of NRC receipt of the application + the NRC processing
fee = the NRC material access authorization fee. The NRC processing fee
is determined by multiplying the OPM investigation billing rate on the
day of NRC receipt of the application by 55.8 percent (i.e., OPM rate x
55.8 percent).
(2) Updated OPM investigation billing rates are published
periodically in a Federal Investigations Notice (FIN) issued by the
OPM's Federal Investigative Services. Copies of the current OPM
investigation billing rates schedule can be obtained by contacting the
NRC's Personnel Security Branch, Division of Facilities Security,
Office of Administration by email to [email protected].
(3) The NRC's Material Access Authorization Program (MAAP) is
considered reimbursable work representing services provided to an
organization for which the NRC is entitled payment. The NRC is
authorized to receive and retain fees from licensees for services
performed. The NRC's Office of the Chief Financial Officer periodically
reviews the fees charged for MAAP and makes recommendations on revising
those charges to reflect costs incurred by the NRC in providing those
services. The reviews are performed using cost analysis techniques to
determine the direct and indirect costs. Based on this review the MAAP
fees are adjusted to reflect the current cost for the program. Copies
of the current NRC material access authorization fee may be obtained by
contacting the NRC's Personnel Security Branch, Division of Facilities
Security, Office of Administration by email to: [email protected]. 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 the OPM's most
recently published investigation billing rates schedule. Applicants
shall calculate the access authorization fee according to the stated
formula (i.e., OPM rate x 55.8 percent) and with reference to the
following table:
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Plus the NRC's processing
fee (rounded to the nearest
Is the sum of the current OPM dollar), which is equal to
The NRC application fee for an access investigation billing rate charged for the OPM investigation
authorization of type . . . an investigation of type . . . billing rate for the type of
investigation referenced
multiplied by . . .
----------------------------------------------------------------------------------------------------------------
i. NRC-R \1\............................ NACLC--National Agency Check with Law 55.8%
and Credit (Standard Service, Code C).
[[Page 26215]]
ii. NRC-R Based on Certification of No fee assessed for most applications... ............................
Comparable Investigation.\2\
iii. NRC-R renewal.\1\ NACLC--National Agency Check with Law 55.8%
and Credit (Standard Service, Code C).
iv. NRC-U requiring single scope SSBI--Single Scope Background 55.8%
investigation. Investigation (Standard Service, Code
C).
v. NRC-U requiring single scope SSBI--Single Scope Background 55.8%
investigation (expedited processing). Investigation (Priority Handling, Code
A).
vi. NRC-U based on certification of No fee assessed for most applications... ............................
comparable investigation.\2\
vii. NRC-U renewal \2\.................. SSBI-PR--Periodic Reinvestigation for 55.8%
SSBI (Standard 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.
* * * * *
PART 25--ACCESS AUTHORIZATION
3. The authority citation for part 25 is revised to read as
follows:
Authority: Atomic Energy Act secs. 145, 161, 223, 234 (42 U.S.C.
2165, 2201, 2273, 2282); Energy Reorganization Act sec. 201 (42
U.S.C. 5841); Government Paperwork Elimination Act sec. 1704 (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. 13526, 3 CFR 2010 Comp., pp. 298-327; E.O. 12968, 3 CFR, 1995
Comp., p. 396;
Section 25.17(f) and Appendix A also issued under 31 U.S.C.
9701; Omnibus Reconciliation Act of 1990 sec. 6101 (42 U.S.C. 2214).
Federal Register Citation: November 30, 2010; 75 FR 73935, 73941.
4. In Sec. 25.17(f):
i. Add paragraph (f) introductory text;
ii. Revise paragraphs (f)(1) and (f)(2);
iii. Redesignate paragraph (f)(3) as paragraph (f)(4); and
iv. Add a new paragraph (f)(3).
The revisions and addition read as follows:
Sec. 25.17 Approval for processing applicants for access
authorization.
* * * * *
(f) The Office of Personnel Management (OPM) bills the NRC for the
cost of each background investigation conducted in support of an
application for access authorization (application). The combined cost
of the OPM investigation and the NRC's application processing overhead
(NRC processing fee) are recovered through an access authorization fee
imposed on applicants for access authorization.
(1) Each application for access authorization, renewal, or change
in level must be accompanied by a remittance, payable to the U.S.
Nuclear Regulatory Commission, which is equal to the NRC access
authorization fee. This fee must be determined using the following
formula: the OPM investigation billing rates on the day of NRC receipt
of the application + the NRC processing fee = the NRC access
authorization fee. The NRC processing fee is determined by multiplying
the OPM investigation billing rate on the day of NRC receipt of the
application by 55.8 percent (i.e., OPM rate x 55.8 percent).
(2) Updated OPM investigation billing rates are published
periodically in a Federal Investigations Notice (FIN) issued by the
OPM's Federal Investigative Services. Copies of the current OPM
investigation billing rates schedule can be obtained by contacting the
NRC's Personnel Security Branch, Division of Facilities Security,
Office of Administration by email to [email protected].
(3) The NRC's Information Access Authority Program (IAAP) is
considered reimbursable work representing services provided to an
organization for which the NRC is entitled payment. The NRC is
authorized to receive and retain fees from licensees for services
performed. The NRC's Office of the Chief Financial Officer periodically
reviews the fees charged for IAAP and makes recommendations on revising
those charges to reflect costs incurred by the NRC in providing those
services. The reviews are performed using cost analysis techniques to
determine the direct and indirect costs. Based on this review the IAAP
fees are adjusted to reflect the current cost for the program. Copies
of the current NRC access authorization fee may be obtained by
contacting the NRC's Personnel Security Branch, Division of Facilities
Security, Office of Administration by email to: [email protected]. Any change in the NRC's access
authorization fee will be applicable to each access authorization
request received on or after the effective date of the OPM's most
recently published investigation billing rates schedule.
* * * * *
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
Is the sum of the current OPM dollar), which is equal to
The NRC application fee for an access investigation billing rate charged for the OPM investigation
authorization of type . . . an investigation of type . . . billing rate for the type of
investigation referenced
multiplied by . . .
----------------------------------------------------------------------------------------------------------------
Initial ``L'' access authorization \1\.. ANACI--Access National Agency Check with 55.8%
Inquiries (Standard Service, Code C).
Reinstatement of ``L'' access No fee assessed for most applications... ............................
authorization \2\.
[[Page 26216]]
Renewal of ``L'' access authorization NACLC--Access National Agency Check with 55.8%
\1\. Law and Credit (Standard Service, Code
C).
Initial ``Q'' access authorization...... SSBI--Single Scope Background 55.8%
Investigation (Standard Service, Code
C).
Initial ``Q'' access authorization SSBI--Single Scope Background 55.8%
(expedited processing). Investigation (Priority Handling, Code
A).
Reinstatement of ``Q'' access No fee assessed for most applications... ............................
authorization \2\.
Renewal of ``Q'' access authorization SSBI-PR--Periodic Reinvestigation for 55.8%
\1\. SSBI (Standard Service, Code C).
----------------------------------------------------------------------------------------------------------------
\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 19th day of April 2012.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2012-10710 Filed 5-2-12; 8:45 am]
BILLING CODE 7590-01-P