[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Rules and Regulations]
[Pages 26149-26154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10711]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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


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the rule is withdrawn, timely notice will be published in the Federal 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 pdr.resource@nrc.gov. 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: Emily.Robbins@nrc.gov.

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 Licensee_Access_Authorization_Fee@nrc.gov.
    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: 
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.

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: 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

[[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 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.
* * * * *

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]]



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