[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Proposed Rules]
[Pages 26213-26216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10710]


========================================================================
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.

========================================================================


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.

-----------------------------------------------------------------------

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: Carol.Gallagher@nrc.gov.
     Email comments to: Rulemaking.Comments@nrc.gov. 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: Emily.Robbins@nrc.gov.

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 pdr.resource@nrc.gov. 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 Licensee_Access_Authorization_Fee@nrc.gov.
    (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: Licensee_Access_Authorization_Fee@nrc.gov. 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:

----------------------------------------------------------------------------------------------------------------
                                                                                      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 Licensee_Access_Authorization_Fee@nrc.gov.
    (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: Licensee_Access_Authorization_Fee@nrc.gov. 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