NRC Licensee Renewal/Reinvestigation Program

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 11 and 25

RIN 3150-AF21

NRC Licensee Renewal/Reinvestigation Program

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission proposes to amend its

regulations to eliminate the five year expiration date for licensee

``U'' and ``R'' special nuclear material access authorizations and

``Q'' and ``L'' access authorizations and require the licensee to

submit NRC renewal application paperwork only for an individual who has

not been reinvestigated by the Department of Energy (DOE) or another

Federal agency within the five-seven year span permitted in the

regulations. The proposed rule would achieve administrative

efficiencies that reduce paperwork and cut red-tape in a manner that is

consistent with National Performance Review Initiatives.

DATES: Comment period expires January 27, 1995. Comments received after

this date will be considered if it is practical to do so, but the

Commission is able to assure consideration only for comments received

on or before this date.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, Attention: Docketing and Service

Branch.

Deliver comments to: 11555 Rockville Pike, Rockville, Maryland,

between 7:30 a.m. and 4:15 p.m. on Federal workdays.

Copies of the regulatory analysis and comments received may be

examined at: The NRC's Public Document Room, 2120 L Street, NW. (Lower

Level), room LL6, Washington, DC.

FOR FURTHER INFORMATION CONTACT: James J. Dunleavy, Division of

Security, Office of Administration, U.S. Nuclear Regulatory Commission,

Washington, DC 20555, telephone (301) 415-7404.

SUPPLEMENTARY INFORMATION: The NRC currently requires ``U'' and ``R''

special nuclear access authorizations and ``Q'' and ``L'' access

authorizations to expire five years from the issuance date unless a

timely application is made for renewal. An application for renewal must

include a personnel security forms packet, including a Questionnaire

for Sensitive Positions (SF-86, Parts 1 and 2), two completed standard

fingerprint cards (FD-258), other related forms, and a statement of

continuing need by the licensee.

For those individuals who also have an active DOE or other

comparable access authorization and are subject to DOE's or another

Federal agency's reinvestigation program, the application that must be

filed with the NRC consists of an NRC Form 237, ``Request for Access

Authorization,'' or comparable list containing the individual's full

name, social security number, date of birth, type of request (renewal),

the agency conducting the reinvestigation and the date of

reinvestigation submittal and a statement of continuing need by the

licensee.

The proposed rule would eliminate the five year expiration date for

``U'', ``R'', ``Q'' and ``L'' access authorizations and require renewal

application paperwork to be submitted to NRC only for an individual who

has not been reinvestigated by DOE or another Federal agency for any

reason within the five-seven year span permitted in the regulations.

This proposed rule would reduce paperwork for the licensee and NRC,

cut red-tape and achieve the timely reinvestigation of licensee

personnel on a more cost effective basis.

Environmental Impact: Categorical Exclusion

The NRC has determined that this proposed regulation is the type of

action described in categorical exclusion 10 CFR 51.22(c)(1).

Therefore, neither an environmental impact statement nor an

environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement

This proposed rule amends information collection requirements that

are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et

seq). This rule has been submitted to the Office of Management and

Budget for review and approval of the paperwork requirements.

Because the rule will relax existing information collection

requirements, the public burden for this collection of information is

expected to be reduced by three hours per licensee. This reduction

includes the time required for reviewing instructions, searching

existing data sources, gathering and maintaining the data needed and

completing and reviewing the collection of information. Send comments

regarding the estimated burden reduction or any other aspect of this

collection of information, including suggestions for reducing this

burden, to the Information and Records Management Branch (T-6 F33),

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to

the Desk Officer, Office of Information and Regulatory Affairs, NEOB-

10202, (3150-0050, -0062, and -0046), Office of Management and Budget,

Washington, DC 20503.

Regulatory Analysis

The NRC has prepared a regulatory analysis on this proposed

regulation. The analysis examines the costs and benefits of the

alternatives considered by the Commission. The analysis is available

for inspection in the NRC Public Document Room, 2120 L Street, NW

(Lower Level), Room LL6, Washington, DC. Single copies of the analysis

may be obtained from James J. Dunleavy, Division of Security, Office of

Administration, U.S. Nuclear Regulatory Commission, Washington, DC

20555, telephone (301) 415-7404.

Regulatory Flexibility Certification

Based upon the information available at this stage of the

rulemaking proceeding and in accordance with the Regulatory Flexibility

Act of 1980, 5 U.S.C.605(b), the Commission certifies that, if

promulgated, this rule will not have a significant economic impact on a

substantial number of small entities. This rulemaking only applies to

those licensees and others who need to 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). Approximately 20 NRC licensee and other

license related interests would be affected under the provisions of 10

CFR Parts 11 and 25. Because these licensees are not classified as

small entities as defined by the NRC's size standards (November 6,

1991; 56 FR 56671), the Commission finds that this rule will not have a

significant economic impact upon a substantial number of small

entities.

Backfit Analysis

The NRC has determined that the backfit rule, 10 CFR 50.109, does

not apply to this proposed rule, and therefore, that a backfit analysis

is not required because these amendments do not involve any provisions

which would impose backfits as defined in 10 CFR 50.109(a)(1).

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 out 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. 553, the NRC is proposing to

adopt 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

1. The authority citation for Part 11 continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);

sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31

U.S.C. 483a).

2. In Sec. 11.15, paragraph (c) is revised to read as follows:

Sec. 11.15 Application for special nuclear material access

authorization.

* * * * *

(c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this

section, NRC-U and NRC-R special nuclear material access authorizations

must be renewed every five years from the date of issuance. An

application for renewal must be submitted at least 120 days before the

expiration of the five-year period and must include:

(i) A statement by the licensee that at the time of application for

renewal the individual's assigned or assumed job requires an NRC-U

special nuclear material access authorization, justified by appropriate

reference to the licensee's security plan;

(ii) The questionnaire for Sensitive Positions (SF-86, Parts 1 and

2);

(iii) Two completed standard fingerprint cards (FD-258); and

(iv) Other related forms specified in accompanying NRC instructions

(NRC Form 254).

(2) An exception to the time for submission of NRC-U special

nuclear material access authorization renewal applications and the

paperwork required is provided for those individuals who have a current

and active DOE-Q access authorization and who are subject to DOE

Reinvestigation Program requirements. For these individuals, the

submission to DOE of the SF-86 pursuant to DOE Reinvestigation Program

requirements (generally every five years) will meet the NRC renewal

submission and paperwork requirements even if less than five years has

passed since the date of issuance or renewal of the NRC-U access

authorization. Any NRC-U special nuclear material access authorization

renewed in response to provisions of this paragraph will not be due for

renewal until the date set by DOE for the next reinvestigation of the

individual pursuant to DOE's Reinvestigation Program.

(3) An exception to the time for submission of NRC-R special

nuclear material access authorization renewal applications and the

paperwork required is provided for those individuals who have a current

and active DOE-L or DOE-Q access authorization and who are subject to

DOE Reinvestigation Program requirements. For these individuals, the

submission to DOE of the SF-86 pursuant to DOE Reinvestigation Program

requirements (generally every five years) will meet the NRC renewal

submission and paperwork requirements even if less than five years has

passed since the date of issuance or renewal of the NRC-R access

authorization. Any NRC-R special nuclear material access authorization

renewed pursuant to this paragraph will not be due for renewal until

the date set by DOE for the next reinvestigation of the individual

pursuant to DOE's Reinvestigation Program.

(4) Notwithstanding the provisions of paragraph (c)(2) or (c)(3) of

this section, the period of time for the initial and each subsequent

NRC-U or NRC-R renewal application to NRC may not exceed seven years.

Any individual who is subject to the DOE Reinvestigation Program

requirements but, for administrative or other reasons, does not submit

reinvestigation forms to DOE within seven years of the previous

submission, shall submit a renewal application to NRC using the forms

prescribed in paragraph (c)(1) of this section before the expiration of

the seven-year period.

* * * * *

PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

3. The authority citation for Part 25 continues to read as follows:

Authority: Secs. 145, 161, 68 Stat. 942, 948, as amended (42

U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.

5841); E.O. 10865, as amended, 3 CFR 1959-1963 COMP., p.398 (50

U.S.C. 401, note); E.O. 12356, 47 FR 14874, April 6, 1982.

Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701.)

4. In Sec. 25.21, paragraphs (c)(1) and (c)(2) are revised to read

as follows:

Sec. 25.21 Determination of initial and continued eligibility for

access authorization.

* * * * *

(c)(1) Except as provided in paragraph (c)(2) of this section, NRC

``Q'' and ``L'' access authorizations must be renewed every five years

from the date of issuance. An application for renewal must be submitted

at least 120 days before the expiration of the five-year period, and

must include:

(i) A statement by the licensee or other person that the individual

continues to require access to classified National Security Information

or Restricted Data; and

(ii) A personnel security packet as described in Sec. 25.17(c).

(2) Renewal applications and the paperwork required for renewal

applications are not required for individuals who have a current and

active access authorization from another Federal agency and who are

subject to a reinvestigation program by that agency that is determined

by NRC to meet NRC's requirements (the DOE Reinvestigation Program has

been determined to meet NRC's requirements). For such individuals, the

submission of the SF-86 by the licensee or other person to the other

government agency pursuant to their reinvestigation requirements will

meet the NRC renewal submission and paperwork requirements, even if

less than five years has passed since the date of issuance or renewal

of the NRC ``Q'' or ``L'' access authorization. Any NRC access

authorization continued in response to the provisions of this paragraph

will, thereafter, not be due for renewal until the date set by the

other government agency for the next reinvestigation of the individual

pursuant to the other agency's reinvestigation program. However, the

period of time for the initial and each subsequent NRC ``Q'' or NRC

``L'' renewal application to NRC may not exceed seven years. Any

individual who is subject to the reinvestigation program requirements

of another Federal agency but, for administrative or other reasons,

does not submit reinvestigation forms to that agency within seven years

of the previous submission, shall submit a renewal application to NRC

using the forms prescribed in Sec. 25.17(c) before the expiration of

the seven-year period.

Dated at Rockville, MD, this 15th day of November, 1994.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 94-31772 Filed 12-27-94; 8:45 am]

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