Access Authorization Fees, 27408-27412 [E7-9415]

Download as PDF jlentini on PROD1PC65 with RULES 27408 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations The Administrator of GIPSA has determined that this rule will not have a significant impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Currently, near-infrared spectroscopy analyzers are being used to determine wheat protein; soybean oil and protein; and corn oil, protein, and starch in both domestic and export markets. This rule establishes tolerances to expand the use of currently approved near-infrared spectroscopy analyzers to test barley protein and establishes a generic fee for all NIR and NMR testing that is identical to current fees. Testing for barley protein is included in this fee. There are 58 official agencies (46 private entities, 12 States) that are designated and/or delegated by GIPSA to perform official grain inspection services. Most of the agencies could be considered small entities under Small Business Administration criteria. The extent to which these agencies will choose to provide this service is difficult to quantify because GIPSA is offering this service on a request basis, and locations where service is requested infrequently may make arrangements with neighboring agencies to provide the service (7 CFR 800.196(g)(1)). GIPSA believes that offering this service would have a beneficial effect on those agencies electing to provide the service. For the 2006/2007 Market Year (June to May), USDA’s Economic Research Service estimated the U.S. Barley Supply to be 303,000,000 bushels. Between June 2006 and September 2006 (the months for which we have data), 20,010,000 bushels of barley were tested for protein. Ten of the 58 official agencies, performed barley protein tests in the first 11 months of fiscal year 2006. There were 5,176 barley protein tests performed; of those 2,624 were tests performed for trucks and rail cars, 2,546 were tests performed on submitted samples, and 6 were performed locally, such as within a grain elevator. According to USDA’s National Agricultural Statistics Service, there are 24,747 farms (producers) in the barley for grain category. We do not have estimates for the number of grain handlers, exporters, and feedlot operators that may be involved in submitting barley for protein testing. In general, many producers, grain handlers, exporters, and feedlot operators may be considered small entities under Small Business Administration criteria. Further, grain handlers and exporters often use testing results to determine value and premiums. The extent to which these VerDate Aug<31>2005 18:04 May 15, 2007 Jkt 211001 entities will request the official barley protein or the impact of offering this service is difficult to quantify. GIPSA believes that barley producers, feedlot operators, grain handlers, and exporters will rely on the official system to provide reliable testing procedures and accurate results that the market can rely on to negotiate price, value, and premiums. Fees currently are charged for NIR testing. The fees charged by GIPSA are $2.25 per test when the service is performed at an applicant’s facility in an onsite FGIS laboratory, and when an inspection service is performed at a location other than an applicant’s facility in an FGIS laboratory the fees are $10.00 per test for an original inspection service and $17.70 for an appeal inspection service. The generic fee is the same as fees charged for current individual tests and their impact on applicants for services will vary depending upon usage since these tests are on a request basis. Executive Order 12988 Executive Order 12988, Civil Justice Reform, instructs each executive agency to adhere to certain requirements in the development of new and revised regulations in order to avoid unduly burdening the court system. This final rule has been reviewed under this Executive Order. This final rule is not intended to have a retroactive effect. The United States Grain Standards Act provides in Section 87g that no State or subdivision may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the Act. Otherwise, this final rule will not preempt any State or local laws, regulations, or policies unless they present irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this interim rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, the recordkeeping and reporting burden imposed by parts 800 and 801 were previously approved by OMB under control number 0580–0013 and will not be affected by this rule. GIPSA is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 List of Subjects 7 CFR Part 800 Administrative practice and procedure, Conflict of interests, Exports, Freedom of information, Grains, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 7 CFR Part 801 Exports, Grains, Scientific equipment. For the reasons set out in the preamble, we are amending 7 CFR parts 800 and 801 as follows: I Authority: 7 U.S.C. 71—87k. PART 800—GENERAL REGULATIONS The interim final rule amending 7 CFR parts 800 and 801, which was published in the November 8, 2006, Federal Register at 71 FR 65371–65373, is adopted as a final rule, without change. I James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E7–9388 Filed 5–15–07; 8:45 am] BILLING CODE 3410–KD–P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 RIN 3150–AH99 Access Authorization Fees Nuclear Regulatory Commission. ACTION: Final rule. AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) is amending the agency 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 of the review time for each application for access authorization. The formula for calculating fees remains the same as based on current Office of Personnel Management (OPM) billing rates for personnel background investigations. The formula is designed to recover the full cost of processing a request for access authorization from the licensee. The use of the fee assessment formula tied to current OPM billing rates eliminates the need for the NRC to update its access authorization fee schedules through regular rulemakings. DATES: The effective date of the final rule is June 15, 2007. E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Emily Banks, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone (301) 415–0320, e-mail erb@nrc.gov. SUPPLEMENTARY INFORMATION: Background Certain individuals employed by licensees or contractors of the NRC are assigned duties which require access to special nuclear material (plutonium, uranium-233, and uranium enriched in the isotopes uranium-233 or uranium235) 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 will determine whether permitting the individual access to special nuclear material, restricted data, or national security information would create a security risk. 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 are recovered from the 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 10 CFR 11.15(e)(1) 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. Discussion This final rule amends §§ 11.15(e) and 25.17(f), and Appendix A to part 25 by modifying the fee charged to licensees for work performed under the MAAP and IAAP from 11.6 percent of the OPM billing rates to 31.7 percent. This modification will ensure that the NRC’s administrative costs are fully recovered through access authorization fees charged to licensees. This final rule will continue to allow licensees to calculate the NRC fee for any given application by reference to the current OPM billing schedule for personnel investigation services. Investigations Reimbursable Billing Rates for personnel background checks are published by OPM’s Investigations Service in a Federal Investigation Notice (FIN). The current OPM billing rates were published as FIN 06–08 on September 11, 2006, and became effective on October 1, 2006. FIN 06–08 is available on OPM’s Investigations Service Web site at https:// www.opm.gov/extra/investigate/ fins.htm. NRC licensees can also obtain the current OPM investigations rate schedule from the Personnel Security Branch of the NRC’s Division of Facilities and Security by contacting the individual named under the FOR FURTHER INFORMATION CONTACT heading. The amendments specify the NRC’s access authorization fee for any given request as the sum of the current OPM billing rate for the required investigation, and the NRC’s in-house 27409 processing fee. As noted previously, the OPM billing rate is pulled directly from the current OPM fee schedule for investigations. The tables in § 11.15(e)(2) and Appendix A to part 25 cross-reference each type of NRC access authorization request to the appropriate investigation service listed in OPM’s fee schedule. The NRC’s in-house processing fee is 31.7 percent of the relevant OPM rate. The in-house processing fee of 31.7 percent is based on a recent NRC audit of actual in-house costs incurred in processing licensee applications for access authorization. This fixed percentage of the OPM rate, when added to the base OPM investigations charge, yields the total access authorization fee assessed by the NRC {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}. 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 § 11.15(e)(2) to calculate the application fee based on the OPM billing rate for a ‘‘Code C’’ Single Scope Background Investigation (SSBI). According to the current OPM investigations fee schedule (FIN 06–08), OPM charges $3,550 for a ‘‘Code C’’ SSBI. The table instructs the licensee to calculate the NRC processing fee by multiplying $3,550 by 31.7 percent, which equals $1,125.35. The licensee then rounds the NRC processing fee to the nearest dollar, or $1,125, and adds that amount to the OPM investigations fee of $3,550 to determine the total assessed material access authorization fee: $4,675. The following table illustrates the calculation process: OPM rate × 31.7% = NRC fee (rounded to nearest $) Equals total NRC access authorization fee for NRC–U application $3,550 jlentini on PROD1PC65 with RULES Current OPM billing rate for SSBI–C Plus NRC application processing fee $3,550 × 31.7% = $1,125.35 (rounded to $1,125) = $4,675 Licensees applying for restricted data or national security information access authorization follow a similar procedure. The table in Appendix A to part 25 cross-references each type of ‘‘Q’’ or ‘‘L’’ access authorization to the corresponding OPM investigation type. The OPM billing rate for the type of investigation referenced is determined by consulting the current OPM schedule of billing rates. This rate is then plugged into the fee assessment formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}, illustrated VerDate Aug<31>2005 18:04 May 15, 2007 Jkt 211001 previously, to calculate the correct NRC access authorization fee for the type of application submitted. Section-by-Section Analysis Section 11.15(e) Section 11.15(e)(1) describes how the OPM bills the NRC for the cost of each background investigation of a given type and provides the formula used in calculating the material access authorization fee. The percentage of the OPM billing rates in this formula is being changed from 11.6% of the OPM billing rate to 31.7% of that rate. This PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 section also explains how to access the OPM billing schedule and specifies that any changes to the NRC’s access authorization fees will be applicable to each access authorization request received on or after the effective date of OPM’s most recently published billing schedule. Section 11.15(e)(2) directs licensees to remit the appropriate access authorization fee with each application submitted, in accordance with the table presented in that section. The table cross-references each type of NRC material access authorization request to E:\FR\FM\16MYR1.SGM 16MYR1 27410 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations a type of investigation in the current OPM fee schedule, and directs licensees to calculate the application fee according to the stated formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}. Section 11.15(e)(3) indicates that applications for individuals that have a current access authorization from another Federal agency may be processed expeditiously at no cost to the licensee. Section 25.17(f) Section 25.17(f)(1) describes how the OPM bills the NRC for the cost of each background investigation and provides the formula used in calculating national security information and restricted data access authorization fees. This section also explains how to access the OPM billing schedule and specifies that any changes to the NRC access authorization fees will be applicable to each access authorization request received on or after the effective date of OPM’s most recently published billing schedule. Section 25.17(f)(2) directs licensees to remit the appropriate national security information or restricted data access authorization fee with each application submitted. Applicants are instructed to calculate the appropriate fee by using the stated formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee} with reference to the table in appendix A to part 25. Section 25.17(f)(3) indicates that applications for individuals that have a current access authorization from another Federal agency may be processed expeditiously at no cost to the licensee. jlentini on PROD1PC65 with RULES Appendix A to Part 25 The revised table in Appendix A to part 25 cross-references each type of NRC ‘‘Q’’ or ‘‘L’’ access authorization request to a type of investigation in the current OPM fee schedule, and directs licensees to calculate the application fee according to the stated formula. Because this final rule deals solely with agency practice and procedure, the notice and comment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(A). The final rule is effective 30 days after its publication in the Federal Register. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104–113, requires agencies to use technical standards developed or adopted by voluntary consensus standards bodies unless the use of such VerDate Aug<31>2005 18:04 May 15, 2007 Jkt 211001 a standard is inconsistent with applicable law or is otherwise impractical. This final rule amends the formula for calculating the NRC access authorization fee charged to licensees for work performed under MAAP and IAAP from 11.6 percent of the OPM billing rate for an investigation of a given type to 31.7 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 final rule is the type of action described in categorical exclusions 10 CFR 51.22(c)(1) and (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. Paperwork Reduction Act Statement This 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 If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to the information collection. Regulatory Analysis A regulatory analysis has not been prepared for this final rulemaking. This final rule ensures that the NRC recovers the full cost of application processing from licensees submitting access authorization requests. The formula method for calculating these fees continues to provide a more efficient and effective mechanism for updating NRC access authorization fees in response to changes in the underlying OPM rate schedule for required personnel background investigations. These amendments are administrative in nature and will neither impose new nor relax existing safety requirements and, thus, do not call for the sort of safety/cost analysis described in the agency’s regulatory analysis guidelines in NUREG/BR–0058. Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule and a backfit analysis is not PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 required because these amendments do not involve any provisions that would impose backfits as defined 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. I 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 1. The authority citation for part 11 continues to read as follows: I 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31 U.S.C. 9701). 2. In § 11.15, paragraph (e) is revised to read as follows: I § 11.15 Application for special nuclear material access authorization. * * * * * (e)(1) The Office of Personnel Management (OPM) bills NRC for the cost of each background investigation conducted in support of an application for special nuclear material access authorization. The combined cost of the OPM investigation and NRC’s application processing overhead are recovered from the licensee through a material access authorization fee calculated with reference to current OPM personnel investigation billing rates {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}. Updated OPM E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations billing rates are published periodically in a Federal Investigations Notice (FIN) issued by OPM’s Investigations Service. Copies of the current OPM billing schedule can be obtained by phoning the NRC’s Personnel Security Branch, Division of Facilities and Security, Office of Administration at (301–415– 7739). 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 OPM’s most recently published investigations billing schedule. (2) Each application for a special nuclear material access authorization, renewal, or change in level must be accompanied by the licensee’s remittance, payable to the U.S. Nuclear Regulatory Commission. Applicants shall calculate the access authorization fee according to the stated formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee} and with reference to the following table: The NRC application fee for an access authorization of type * * * Is the sum of the current OPM billing rate charged for an investigation of type * * * I. NRC–R 1 ........................................................................... NACLC—National Agency Check with Law and Credit (Standard Service, Code B). NACLC—National Agency Check with Law and Credit (Expedite Handling, Code A). No fee assessed for most applications ............................. ii. NRC–R 1 (expedited processing) .................................... iii. NRC–R based on certification of comparable investigation 2. iv. NRC–R renewal 1 ........................................................... v. NRC–U requiring single scope investigation .................. vi. NRC–U requiring single scope investigation (expedited processing). vii. NRC–U based on certification of comparable investigation 2. viii. NRC–U renewal 2 .......................................................... 27411 NACLC—National Agency Check with Law and Credit (Standard-Service, Code B). SSBI-SIngle Scope Background Investigation (120 Day Service, Code C). SSBI—Single Scope Background Investigation (35 Day Service, Code A). No fee assessed for most applications ............................. LBI—Limited Background Investigation (120 Day Service, Code C). Plus the NRC’s processing fee (rounded to the nearest dollar), which is equal to the OPM billing rate for the type of investigation referenced multiplied by * * * (percent) 31.7 31.7 ........................................ 31.7 31.7 31.7 ........................................ 31.7 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. (3) Certain applications from individuals having current Federal access authorizations may be processed expeditiously at no cost to the licensee because the Commission, at its discretion, may decide to accept the certification of access authorizations and investigative data from other Federal government agencies that grant personnel access authorizations. * * * * * PART 25—ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 3. The authority citation for part 25 continues to read as follows: jlentini on PROD1PC65 with RULES I 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); sec. 1704, 112 Stat. 2750 (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. 12958, as amended, 3 CFR, 1995 Comp., p. 333, as amended by E.O. 13292, 3 CFR 2004 Comp., p. 196; E.O. 12968, 3 CFR, 1995 Comp, p. 396. Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701). VerDate Aug<31>2005 18:04 May 15, 2007 Jkt 211001 4. In § 25.17, paragraph (f) is revised to read as follows: I § 25.17 Approval for processing applicants for access authorization. * * * * * (f)(1) The Office of Personnel Management (OPM) bills NRC for the cost of each background investigation conducted in support of an application for access authorization. The combined cost of the OPM investigation and NRC’s application processing overhead are recovered from the licensee through an authorization fee calculated with reference to current OPM personnel investigation billing rates {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee}. Updated OPM billing rates are published periodically in a Federal Investigations Notice (FIN) issued by OPM’s Investigations Service. Copies of the current OPM billing schedule can be obtained by phoning the NRC’s Personnel Security Branch, Division of Facilities and Security, Office of Administration at (301–415– 7739). Any change in the NRC’s access authorization fees will be applicable to PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 each access authorization request received on or after the effective date of OPM’s most recently published investigations billing schedule. (2) Applications for access authorization or access authorization renewal processing that are submitted to the NRC for processing must be accompanied by a check or money order, payable to the U.S. Nuclear Regulatory Commission, representing the current cost for the processing of each ‘‘Q’’ and ‘‘L’’ access authorization, or renewal request. Applicants shall calculate the access authorization fee according to the stated formula {OPM rate + [(OPM rate × 31.7%), rounded to the nearest dollar] = NRC access authorization fee} and with reference to the table in appendix A to this part. (3) Certain applications from individuals having current Federal access authorizations may be processed more expeditiously and at less cost, because the Commission, at its discretion, may decide to accept the certification of access authorization and investigative data from other Federal Government agencies that grant personnel access authorizations. E:\FR\FM\16MYR1.SGM 16MYR1 27412 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 5. Appendix A to part 25 is revised to read as follows: I Appendix A to Part 25.—Fees for NRC Access Authorization The NRC application fee for an access authorization of type * * * Is the sum of the current OPM billing rate charged for an investigation of type * * * Initial ‘‘L’’ access authorization 1 ......................................... ANACI—Access National Agency Check with Inquiries (Standard Service, Code B). ANACI—Access National Agency Check with Inquiries (Expedite Handling, Code A. No fee assessed for most applications. NACLC—Access National Agency Check with Inquiries (Standard Service, Code B). SSBI—Single Scope Background Investigation (120 Day Service, Code C). SSBI—Single Scope Background Investigation (35 Day Service, Code A. No fee assessed for most applications. SSBI–PR—Single Scope Background Investigation (120 Day Service, Code C). Initial ‘‘L’’ access authorization 1 expedited processing ...... Reinstatement of ‘‘L’’ access authorization 2 ...................... Renewal of access authorization 1 ...................................... Initial ‘‘Q’’ access authorization ........................................... Initial ‘‘Q’’ access authorization (expedited processing) ..... Reinstatement of ‘‘Q’’ access authorization 2 ..................... Renewal of ‘‘Q’’ access authorization 1 ............................... Plus the NRC’s processing fee (rounded to the nearest dollar), which is equal to the OPM billing rate for the type of investigation referenced multiplied by * * * (percent) 31.7 31.7 31.7 31.7 31.7 31.7 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 26th day of March, 2006. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E7–9415 Filed 5–15–07; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2007–27676; Airspace Docket No. 07–AGL–2] Modification of Class E Airspace; Canby, MN Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by modifying Class E airspace at Canby, Myers Field, MN. Standard Instrument Approach Procedures have been developed by Canby, Myers Field, MN. Additional controlled airspace extending upward from the surface and upward from 700 feet above the surface of the earth is needed to contain aircraft executing these approaches. This action increases the area of the existing controlled airspace for Canby, Myers Field, MN. VerDate Aug<31>2005 18:04 May 15, 2007 Jkt 211001 This direct final rule is effective on 0901 UTC, July 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 7 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before May 31, 2007. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590–0001. You must identify the docket number FAA–2007–27676/ Airspace Docket No. 07–AGL–2, at the beginning of your comments. You may also submit comments on the Internet at https://dms.dot.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800– 647–5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. FOR FURTHER INFORMATION CONTACT: Grant Nichols, System Support, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: (816) 329–2522. SUPPLEMENTARY INFORMATION: This amendment to 14 CFR Part 71 modifies the Class E airspace area at Canby, DATES: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Myers Field, MN. The radius of the Class E airspace area extending upward from 700 feet or more above the surface of the earth is expanded from within a 6.3-mile radius to within a 7.4-mile radius of the airport. An extension is established within 4 miles each side of the 301 bearing from the airport extending from the 7.4-mile radius to 10.3 miles northwest of the airport. This modification brings the legal description of the Canby, Myers Field, MN Class E5 airspace area into compliance with FAA Orders 7400.2F and 8260.19C. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in Paragraph 6005 of FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1 of the same order. The Class E airspace designations listed in this document would be published subsequently in the Order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comments is received within the comment period, the regulation will become effective on E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Rules and Regulations]
[Pages 27408-27412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9415]

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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 11 and 25

RIN 3150-AH99

Access Authorization Fees

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending the agency
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
of the review time for each application for access authorization. The
formula for calculating fees remains the same as based on current
Office of Personnel Management (OPM) billing rates for personnel
background investigations. The formula is designed to recover the full
cost of processing a request for access authorization from the
licensee. The use of the fee assessment formula tied to current OPM
billing rates eliminates the need for the NRC to update its access
authorization fee schedules through regular rulemakings.

DATES: The effective date of the final rule is June 15, 2007.

[[Page 27409]]

FOR FURTHER INFORMATION CONTACT: Emily Banks, Office of Administration,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone (301) 415-0320, e-mail erb@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

Certain individuals employed by licensees or contractors of the NRC
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 will determine whether permitting the individual access to special
nuclear material, restricted data, or national security information
would create a security risk.
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 are recovered from the
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 10 CFR 11.15(e)(1) 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.

Discussion

This final rule amends Sec. Sec. 11.15(e) and 25.17(f), and
Appendix A to part 25 by modifying the fee charged to licensees for
work performed under the MAAP and IAAP from 11.6 percent of the OPM
billing rates to 31.7 percent. This modification will ensure that the
NRC's administrative costs are fully recovered through access
authorization fees charged to licensees.
This final rule will continue to allow licensees to calculate the
NRC fee for any given application by reference to the current OPM
billing schedule for personnel investigation services. Investigations
Reimbursable Billing Rates for personnel background checks are
published by OPM's Investigations Service in a Federal Investigation
Notice (FIN). The current OPM billing rates were published as FIN 06-08
on September 11, 2006, and became effective on October 1, 2006. FIN 06-
08 is available on OPM's Investigations Service Web site at https://
www.opm.gov/extra/investigate/fins.htm. NRC licensees can also obtain
the current OPM investigations rate schedule from the Personnel
Security Branch of the NRC's Division of Facilities and Security by
contacting the individual named under the FOR FURTHER INFORMATION
CONTACT heading.
The amendments specify the NRC's access authorization fee for any
given request as the sum of the current OPM billing rate for the
required investigation, and the NRC's in-house processing fee. As noted
previously, the OPM billing rate is pulled directly from the current
OPM fee schedule for investigations. The tables in Sec. 11.15(e)(2)
and Appendix A to part 25 cross-reference each type of NRC access
authorization request to the appropriate investigation service listed
in OPM's fee schedule. The NRC's in-house processing fee is 31.7
percent of the relevant OPM rate. The in-house processing fee of 31.7
percent is based on a recent NRC audit of actual in-house costs
incurred in processing licensee applications for access authorization.
This fixed percentage of the OPM rate, when added to the base OPM
investigations charge, yields the total access authorization fee
assessed by the NRC {OPM rate + [(OPM rate x 31.7%), rounded to the
nearest dollar] = NRC access authorization fee{time} .
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 Sec. 11.15(e)(2) to
calculate the application fee based on the OPM billing rate for a
``Code C'' Single Scope Background Investigation (SSBI). According to
the current OPM investigations fee schedule (FIN 06-08), OPM charges
$3,550 for a ``Code C'' SSBI. The table instructs the licensee to
calculate the NRC processing fee by multiplying $3,550 by 31.7 percent,
which equals $1,125.35. The licensee then rounds the NRC processing fee
to the nearest dollar, or $1,125, and adds that amount to the OPM
investigations fee of $3,550 to determine the total assessed material
access authorization fee: $4,675. The following table illustrates the
calculation process:

----------------------------------------------------------------------------------------------------------------
Plus NRC application processing fee Equals total NRC
Current OPM ----------------------------------------------------------------------------- access
billing rate for authorization fee
SSBI-C OPM rate x 31.7% = NRC fee (rounded to nearest $) for NRC-U
application
----------------------------------------------------------------------------------------------------------------
$3,550 $3,550 x 31.7% = $1,125.35 (rounded to $1,125) = $4,675
----------------------------------------------------------------------------------------------------------------

Licensees applying for restricted data or national security
information access authorization follow a similar procedure. The table
in Appendix A to part 25 cross-references each type of ``Q'' or ``L''
access authorization to the corresponding OPM investigation type. The
OPM billing rate for the type of investigation referenced is determined
by consulting the current OPM schedule of billing rates. This rate is
then plugged into the fee assessment formula {OPM rate + [(OPM rate x
31.7%), rounded to the nearest dollar] = NRC access authorization
fee{time} , illustrated previously, to calculate the correct NRC access
authorization fee for the type of application submitted.

Section-by-Section Analysis

Section 11.15(e)

Section 11.15(e)(1) describes how the OPM bills the NRC for the
cost of each background investigation of a given type and provides the
formula used in calculating the material access authorization fee. The
percentage of the OPM billing rates in this formula is being changed
from 11.6% of the OPM billing rate to 31.7% of that rate. This section
also explains how to access the OPM billing schedule and specifies that
any changes to the NRC's access authorization fees will be applicable
to each access authorization request received on or after the effective
date of OPM's most recently published billing schedule.
Section 11.15(e)(2) directs licensees to remit the appropriate
access authorization fee with each application submitted, in accordance
with the table presented in that section. The table cross-references
each type of NRC material access authorization request to

[[Page 27410]]

a type of investigation in the current OPM fee schedule, and directs
licensees to calculate the application fee according to the stated
formula {OPM rate + [(OPM rate x 31.7%), rounded to the nearest dollar]
= NRC access authorization fee{time} .
Section 11.15(e)(3) indicates that applications for individuals
that have a current access authorization from another Federal agency
may be processed expeditiously at no cost to the licensee.

Section 25.17(f)

Section 25.17(f)(1) describes how the OPM bills the NRC for the
cost of each background investigation and provides the formula used in
calculating national security information and restricted data access
authorization fees. This section also explains how to access the OPM
billing schedule and specifies that any changes to the NRC access
authorization fees will be applicable to each access authorization
request received on or after the effective date of OPM's most recently
published billing schedule.
Section 25.17(f)(2) directs licensees to remit the appropriate
national security information or restricted data access authorization
fee with each application submitted. Applicants are instructed to
calculate the appropriate fee by using the stated formula {OPM rate +
[(OPM rate x 31.7%), rounded to the nearest dollar] = NRC access
authorization fee{time} with reference to the table in appendix A to
part 25.
Section 25.17(f)(3) indicates that applications for individuals
that have a current access authorization from another Federal agency
may be processed expeditiously at no cost to the licensee.

Appendix A to Part 25

The revised table in Appendix A to part 25 cross-references each
type of NRC ``Q'' or ``L'' access authorization request to a type of
investigation in the current OPM fee schedule, and directs licensees to
calculate the application fee according to the stated formula.
Because this final rule deals solely with agency practice and
procedure, the notice and comment provisions of the Administrative
Procedure Act do not apply under 5 U.S.C. 553(b)(A). The final rule is
effective 30 days after its publication in the Federal Register.

Voluntary Consensus Standards

The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires 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 final rule amends the formula for
calculating the NRC access authorization fee charged to licensees for
work performed under MAAP and IAAP from 11.6 percent of the OPM billing
rate for an investigation of a given type to 31.7 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 final rule is the type of action
described in categorical exclusions 10 CFR 51.22(c)(1) and (2).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

This 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

If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to the information
collection.

Regulatory Analysis

A regulatory analysis has not been prepared for this final
rulemaking. This final rule ensures that the NRC recovers the full cost
of application processing from licensees submitting access
authorization requests. The formula method for calculating these fees
continues to provide a more efficient and effective mechanism for
updating NRC access authorization fees in response to changes in the
underlying OPM rate schedule for required personnel background
investigations. These amendments are administrative in nature and will
neither impose new nor relax existing safety requirements and, thus, do
not call for the sort of safety/cost analysis described in the agency's
regulatory analysis guidelines in NUREG/BR-0058.

Backfit Analysis

The NRC has determined that the backfit rule does not apply to this
final rule and a backfit analysis is not required because these
amendments do not involve any provisions that would impose backfits as
defined 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.

0
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 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); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note).
Section 11.15(e) also issued under sec. 501, 85 Stat. 290 (31
U.S.C. 9701).

0
2. In Sec. 11.15, paragraph (e) is revised to read as follows:

Sec. 11.15 Application for special nuclear material access
authorization.

* * * * *
(e)(1) The Office of Personnel Management (OPM) bills NRC for the
cost of each background investigation conducted in support of an
application for special nuclear material access authorization. The
combined cost of the OPM investigation and NRC's application processing
overhead are recovered from the licensee through a material access
authorization fee calculated with reference to current OPM personnel
investigation billing rates {OPM rate + [(OPM rate x 31.7%), rounded to
the nearest dollar] = NRC access authorization fee{time} . Updated OPM

[[Page 27411]]

billing rates are published periodically in a Federal Investigations
Notice (FIN) issued by OPM's Investigations Service. Copies of the
current OPM billing schedule can be obtained by phoning the NRC's
Personnel Security Branch, Division of Facilities and Security, Office
of Administration at (301-415-7739). 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 OPM's most recently
published investigations billing schedule.
(2) Each application for a special nuclear material access
authorization, renewal, or change in level must be accompanied by the
licensee's remittance, payable to the U.S. Nuclear Regulatory
Commission. Applicants shall calculate the access authorization fee
according to the stated formula {OPM rate + [(OPM rate x 31.7%),
rounded to the nearest dollar] = NRC access authorization fee{time}
and with reference to the following table:

----------------------------------------------------------------------------------------------------------------
Plus the NRC's
processing fee (rounded
to the nearest dollar),
Is the sum of the current OPM billing which is equal to the
The NRC application fee for an access rate charged for an investigation of OPM billing rate for
authorization of type * * * type * * * the type of
investigation
referenced multiplied
by * * * (percent)
----------------------------------------------------------------------------------------------------------------
I. NRC-R \1\................................... NACLC--National Agency Check with Law 31.7
and Credit (Standard Service, Code B).
ii. NRC-R \1\ (expedited processing)........... NACLC--National Agency Check with Law 31.7
and Credit (Expedite Handling, Code
A).
iii. NRC-R based on certification of comparable No fee assessed for most applications. .......................
investigation \2\.
iv. NRC-R renewal \1\.......................... NACLC--National Agency Check with Law 31.7
and Credit (Standard-Service, Code B).
v. NRC-U requiring single scope investigation.. SSBI-SIngle Scope Background 31.7
Investigation (120 Day Service, Code
C).
vi. NRC-U requiring single scope investigation SSBI--Single Scope Background 31.7
(expedited processing). Investigation (35 Day Service, Code
A).
vii. NRC-U based on certification of comparable No fee assessed for most applications. .......................
investigation \2\.
viii. NRC-U renewal \2\....................... LBI--Limited Background Investigation 31.7
(120 Day 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.

(3) Certain applications from individuals having current Federal
access authorizations may be processed expeditiously at no cost to the
licensee because the Commission, at its discretion, may decide to
accept the certification of access authorizations and investigative
data from other Federal government agencies that grant personnel access
authorizations.
* * * * *

PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

0
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); sec. 1704, 112 Stat. 2750 (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. 12958, as amended, 3
CFR, 1995 Comp., p. 333, as amended by E.O. 13292, 3 CFR 2004 Comp.,
p. 196; E.O. 12968, 3 CFR, 1995 Comp, p. 396.
Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).

0
4. In Sec. 25.17, paragraph (f) is revised to read as follows:

Sec. 25.17 Approval for processing applicants for access
authorization.

* * * * *
(f)(1) The Office of Personnel Management (OPM) bills NRC for the
cost of each background investigation conducted in support of an
application for access authorization. The combined cost of the OPM
investigation and NRC's application processing overhead are recovered
from the licensee through an authorization fee calculated with
reference to current OPM personnel investigation billing rates {OPM
rate + [(OPM rate x 31.7%), rounded to the nearest dollar] = NRC access
authorization fee{time} . Updated OPM billing rates are published
periodically in a Federal Investigations Notice (FIN) issued by OPM's
Investigations Service. Copies of the current OPM billing schedule can
be obtained by phoning the NRC's Personnel Security Branch, Division of
Facilities and Security, Office of Administration at (301-415-7739).
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 OPM's most recently published investigations billing schedule.
(2) Applications for access authorization or access authorization
renewal processing that are submitted to the NRC for processing must be
accompanied by a check or money order, payable to the U.S. Nuclear
Regulatory Commission, representing the current cost for the processing
of each ``Q'' and ``L'' access authorization, or renewal request.
Applicants shall calculate the access authorization fee according to
the stated formula {OPM rate + [(OPM rate x 31.7%), rounded to the
nearest dollar] = NRC access authorization fee{time} and with
reference to the table in appendix A to this part.
(3) Certain applications from individuals having current Federal
access authorizations may be processed more expeditiously and at less
cost, because the Commission, at its discretion, may decide to accept
the certification of access authorization and investigative data from
other Federal Government agencies that grant personnel access
authorizations.

[[Page 27412]]

0
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 dollar),
Is the sum of the current OPM billing which is equal to the
The NRC application fee for an access rate charged for an investigation of OPM billing rate for
authorization of type * * * type * * * the type of
investigation
referenced multiplied
by * * * (percent)
----------------------------------------------------------------------------------------------------------------
Initial ``L'' access authorization \1\......... ANACI--Access National Agency Check 31.7
with Inquiries (Standard Service,
Code B).
Initial ``L'' access authorization \1\ ANACI--Access National Agency Check 31.7
expedited processing. with Inquiries (Expedite Handling,
Code A.
Reinstatement of ``L'' access authorization \2\ No fee assessed for most applications.
Renewal of access authorization \1\............ NACLC--Access National Agency Check 31.7
with Inquiries (Standard Service,
Code B).
Initial ``Q'' access authorization............. SSBI--Single Scope Background 31.7
Investigation (120 Day Service, Code
C).
Initial ``Q'' access authorization (expedited SSBI--Single Scope Background 31.7
processing). Investigation (35 Day Service, Code A.
Reinstatement of ``Q'' access authorization \2\ No fee assessed for most applications.
Renewal of ``Q'' access authorization \1\...... SSBI-PR--Single Scope Background 31.7
Investigation (120 Day 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 26th day of March, 2006.

For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-9415 Filed 5-15-07; 8:45 am]
BILLING CODE 7590-01-P

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