[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Rules and Regulations]
[Pages 26149-26154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10711]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules
and Regulations
[[Page 26149]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 11 and 25
[NRC-2011-0161]
RIN 3150-AJ00
Access Authorization Fees
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is amending the NRC's 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)
investigation 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: The final rule is effective June 22, 2012, unless significant
adverse comments are received by June 4, 2012. 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. If
the rule is withdrawn, timely notice will be published in the Federal
Register.
ADDRESSES: Please refer to Docket ID NRC-2011-0161 when contacting the
NRC about the availability of information for this final rule. You may
access information and comment submittals related to this final
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 (if that document is
available in ADAMS) 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.
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:
Procedural Background
The NRC is using the direct final rule procedure because it
considers this action noncontroversial and routine. 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 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.
Background
Certain individuals employed by NRC licensees or their contractors
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 determines whether permitting that individual to have access to
special nuclear material, restricted data, or national security
information would create a security risk.
The 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 (NRC processing fee) are
recovered from the
[[Page 26150]]
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 Title 10 of the Code of Federal
Regulations (10 CFR) 11.15(e) 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
(OPM investigation billing rates).
Discussion
This direct final rule amends Sec. 11.15(e), Sec. 25.17(f), and
Appendix A to 10 CFR Part 25 by modifying the NRC processing fee
charged to licensees for work performed under the MAAP and the IAAP
from 31.7 percent of the OPM investigation billing rates to 55.8
percent. This direct final rule will continue to allow licensees to
calculate the NRC access authorization fee for any given application by
referencing to the current OPM investigation billing rates schedule for
background investigation services. Reimbursable billing rates for
personnel background investigations are published by OPM's Federal
Investigative Services in a Federal Investigations Notice (FIN). The
current OPM investigation billing rates were published in FIN 11-05 on
August 29, 2011, and became effective on October 1, 2011. The FIN 11-05
is available on the OPM's Federal Investigative Services Web site at
http://www.opm.gov/investigate/fins/2011.aspx. The NRC's licensees can
also obtain the current OPM investigation billing rates schedule by
contacting the NRC's Personnel Security Branch (PSB), Division of
Facilities and Security (DFS), Office of Administration (ADM) by email
to [email protected].
The fee-calculation formula is designed to recover the NRC's actual
in-house processing fee for each application received from the
licensee. The NRC's access authorization fee for any given request is
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). The percentage used to determine the NRC processing fee
is increasing from 31.7 percent to 55.8 percent based on a 2010 NRC
audit of actual in-house costs incurred in processing licensee
applications for access authorization. Specifically, the amended cost
is due to an increase in the review time for each application for
access authorization. It is also important to note that collection of
fees to recover the NRC's costs is required by statute (42 U.S.C.
2214(b)). Specifically, the amendments are necessary to implement the
Omnibus Budget Reconciliation Act of 1990, as amended, which requires
the NRC to recover through fees the full cost incurred in providing a
service or thing of value.
As noted previously, the OPM investigation billing rates are pulled
directly from the current OPM fee schedule for investigations. The
tables in new Sec. 11.15(e)(3) and Appendix A to 10 CFR Part 25 cross-
references each type of NRC access authorization request to the
appropriate investigation service listed in the OPM's investigation
billing rates schedule. 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 new Sec.
11.15(e)(3) to calculate the NRC processing fee based on the OPM
investigation billing rates for a ``Code C'' Single Scope Background
Investigation (SSBI). According to the current OPM investigation
billing rates schedule (FIN 11-05), the OPM charges $4,005 for a ``Code
C'' SSBI. The table instructs the licensee to calculate the NRC's
application processing fee by multiplying $4,005 by 55.8 percent, which
equals $2,234.79. The licensee then rounds the NRC's processing fee to
the nearest dollar, or $2,235, and adds that amount to the OPM
investigation billing rate of $4,005 to determine the total NRC access
authorization fee: $6,240.
The following table illustrates the calculation process:
----------------------------------------------------------------------------------------------------------------
Plus NRC application processing fee Equals total NRC
Current OPM ---------------------------------------------------------------------------- access
investigation authorization
billing rate for OPM Rate x NRC fee 55.8% = (rounded to nearest $) fee for NRC-U
SSBI-C application
----------------------------------------------------------------------------------------------------------------
$4,005 $4,005 x 55.8% = $2,234.79 (rounded to $2,235)............................ = $6,240
----------------------------------------------------------------------------------------------------------------
Licensees applying for restricted data or national security
information access authorization follow a similar procedure. The table
in Appendix A to 10 CFR Part 25 cross-references each type of ``Q'' or
``L'' access authorization to the corresponding OPM investigation type.
The OPM investigation billing rate for the type of investigation
referenced is determined by consulting the current OPM investigation
billing rates schedule. This rate is then plugged into the formula used
to calculate the correct NRC access authorization fee for the type of
application submitted. Copies of the current NRC access authorization
fee can 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.
Paragraph-by-Paragraph Analysis
Section 11.15 Application for Special Nuclear Material Access
Authorization
To more clearly explain the access authorization process, the NRC
is amending the rule language as follows: Sec. 11.15(e)(1), and (2)
are revised; Sec. 11.15(e)(3) is redesignated as Sec. 11.15(e)(4);
and a new Sec. 11.15(e) introductory text and (e)(3) are added.
Additional changes were made for grammatical or clarification purposes.
The authority citation was changed to reflect the current statutory
framework for agency fee recovery.
Section 11.15(e) introductory text is added to further explain how
the OPM bills the NRC for the cost of each background investigation
conducted in support of an application for special nuclear material
access authorization.
Section 11.15(e)(1) is revised to clearly define the formula used
in calculating the NRC material access authorization fee (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
[[Page 26151]]
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). Significantly, as noted above, the percentage of the OPM
investigation billing rates in the processing fee is being changed from
31.7 percent of the OPM investigation billing rate to 55.8 percent of
that rate to reflect NRC's increased costs in processing licensee
applications for access authorization.
Section 11.15(e)(2) is revised to further explain how to access the
OPM billing rates schedule. Also, the telephone contact is changed to
an email contact.
The current Sec. 11.15(e)(3) is redesignated as Sec. 11.15(e)(4).
A new Sec. 11.15(e)(3) is added to clearly explain that the NRC's MAAP
is considered reimbursable work representing services provided to an
organization for which the NRC is entitled to payment. The NRC is
authorized to receive and retain fees from licensees for services
performed. The NRC's Office of the Chief Financial Officer (OCFO)
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.
The new Sec. 11.15(e)(3) also provides information on where to obtain
current copies of the NRC access authorization fee via an email contact
and includes a table of the NRC's MAAP fee schedules. The NRC fee
schedule for NRC-R (expedited processing) is removed given that this
type of access authorization is no longer being performed by OPM. Other
minor changes to the table are made to reflect the types of access
authorization currently being performed by OPM.
Section 25.17 Approval for Processing Applicants for Access
Authorization
To more clearly explain the access authorization process, the NRC
is amending the rule language as follows: Sec. 25.17(f)(1), and (2)
are revised; Sec. 25.17(f)(3) is redesignated as Sec. 25.17(f)(4);
and a new Sec. 25.17(f) introductory text and (f)(3) are added.
Additional changes were made for grammatical or clarification purposes.
The authority citation was changed to reflect the current statutory
framework for agency fee recovery.
Section 25.17(f) introductory text is added to further explain how
OPM bills the NRC for the cost of each background investigation
conducted in support of an application for access authorization.
Section 25.17(f)(1) is revised to clearly define the formula used
in calculating the NRC access authorization fee (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). Significantly, as noted above, the percentage of
the OPM investigation billing rates in the processing fee is being
changed from 31.7 percent of the OPM investigation billing rate to 55.8
percent of that rate to reflect the NRC's increased costs in processing
licensee applications for access authorization.
Section 25.17(f)(2) is revised to further explain how to access the
OPM billing rates schedule. Also, the telephone contact is changed to
an email contact.
The current Sec. 25.17(f)(3) is redesignated as Sec. 25.17(f)(4).
A new Sec. 25.17(f)(3) is added to clearly explain that the NRC's IAAP
is considered reimbursable work representing services provided to an
organization for which the NRC is entitled to payment. The NRC is
authorized to receive and retain fees from licensees for services
performed. The NRC's OCFO 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. The new Sec. 25.17(f)(3) also provides information on
where to obtain current copies of the NRC access authorization fee via
an email contact.
Appendix A to 10 CFR Part 25--Fees for NRC Access Authorization
The revised table in Appendix A to 10 CFR Part 25 cross-references
each type of NRC ``Q'' or ``L'' access authorization request to a type
of investigation in the current OPM investigation billing rates
schedule, and directs licensees to calculate the application fee
according to the stated 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). The NRC fee schedule for Initial ``L'' access authorization
(expedited processing) is removed given that this type of access
authorization is no longer being performed by OPM. Other minor changes
to the table are made to reflect the types of access authorization
currently being performed by OPM and for grammatical or clarification
purposes.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires Federal 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 direct final rule amends the formula
for calculating the NRC's access authorization fee charged to licensees
for work performed under MAAP and IAAP from 31.7 percent of the OPM
investigation billing rate for an investigation of a given type to 55.8
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 direct final rule is the type of
action described in categorical exclusions Sec. 51.22(c)(1) and (2).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this direct final rule.
Paperwork Reduction Act Statement
This direct 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
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Regulatory Analysis
A regulatory analysis has not been prepared for this direct final
rule. This direct final rule ensures that the NRC recovers the full
cost of application processing from licensees submitting access
authorization requests, as is required by statute (42 U.S.C. 2214(b)).
The formula method for calculating these fees continues to provide an
[[Page 26152]]
efficient and effective mechanism for updating the NRC access
authorization fees in response to changes in the underlying OPM
investigation billing rates schedule for required personnel background
investigations. These amendments are administrative in nature and will
neither impose new safety requirements nor relax existing ones and
therefore do not call for the sort of safety/cost analysis described in
the NRC's regulatory analysis guidelines in NUREG/BR-0058, Revision 4,
``Regulatory Analysis Guidelines of the USNRC,'' September 2004 (ADAMS
Accession No. ML042820192).
Regulatory Flexibility Act Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the
Commission certifies that this direct final rule amending 10 CFR Parts
11 and 25 does not have a significant economic impact on a substantial
number of small entities. This direct final rule applies to those
licensees who use, process, store, transport, or deliver to a carrier
for transport, formula quantities of special nuclear material (as
defined in 10 CFR Part 73) or generate, receive, safeguard, and store
National Security Information or Restricted Data (as defined in 10 CFR
Part 95). Two licensees, both fuel cycle facilities, are currently
required to comply with 10 CFR Part 11. Seventy-eight licensees and
other organizations, mostly power reactors and fuel cycle facilities,
are currently required to comply with 10 CFR Part 25. None of these
licensees are ``small entities'' as defined in the Regulatory
Flexibility Act or the size standards established by the NRC (10 CFR
2.810). This direct final rule also applies to contractors of those
licensees required to comply with this direct final rule who use,
process, store, transport, or deliver to a carrier for transport,
formula quantities of special nuclear material (as defined in 10 CFR
Part 73) or generate, receive, safeguard, and store National Security
Information or Restricted Data (as defined in 10 CFR Part 95). Some of
these contractors may be ``small entities'' as defined in the
Regulatory Flexibility Act or the NRC's size standards. However, some
of these contractors are reimbursed through the contract for the cost
of securing access authorization. There are not a substantial number of
unreimbursed ``small entity'' contractors who apply for access
authorization, nor is the NRC aware of any significant impact on these
unreimbursed ``small entity'' contractors.
Backfit Analysis
The NRC has determined that the backfit rule does not apply to this
direct final rule and that a backfit analysis is not required.
Collection of fees to recover the NRC's costs is required by statute
(42 U.S.C. 2214(b)). Therefore, changes to rules designating the amount
to be collected are not subject to the backfitting provisions or issue
finality provisions 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.
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 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.
0
2. In Sec. 11.15:
0
i. Add paragraph (e) introductory text;
0
ii. Revise paragraphs (e)(1) and (e)(2);
0
iii. Redesignate paragraph (e)(3) as paragraph (e)(4); and
0
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
[[Page 26153]]
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:
----------------------------------------------------------------------------------------------------------------
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).
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
0
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.
0
4. In Sec. 25.17:
0
i. Add paragraph (f) introductory text;
0
ii. Revise paragraphs (f)(1) and (f)(2);
0
iii. Redesignate paragraph (f)(3) as paragraph (f)(4); and
0
iv. Add a new paragraph (f)(3).
The revisions 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.
* * * * *
0
5. Appendix A to part 25 is revised to read as follows:
Appendix A to Part 25--Fees for NRC Access Authorization
[[Page 26154]]
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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 . . .
----------------------------------------------------------------------------------------------------------------
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\.
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. 2012-10711 Filed 5-2-12; 8:45 am]
BILLING CODE 7590-01-P