Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-11-05.xml --- 68 214 Wednesday, November 5, 2003 Contents Agriculture Agriculture Department See Forest Service Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 62565-62566 03-27731 03-27733 Meetings: Science Advisory Board, 62566 03-27732 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Access Board, 62558 03-27807 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Broadcasting Broadcasting Board of Governors NOTICES Agency information collection activities; proposals, submissions, and approvals, 62558-62559 03-27780 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 62607-62610 03-27794 03-27795 03-27796 Coast Guard Coast Guard RULES Drawbridge operations:

Wisconsin, 62528-62529 03-27860 Regattas and marine parades, drawbridge operations, and ports and waterways safety: Safety and security zones, etc.; list of temporary rules, 62524-62528 03-27859 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Defense Department See Air Force Department Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions:

Automatic Machine Products Co., Inc., et al., 62559-62560 03-27792 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 62566-62567 03-27760 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62620-62622 03-27829 03-27830 Employment Employment and Training Administration NOTICES Adjustment assistance: AVI Corp., 62622 03-27842 Chalup Set Net Operation, 62622 03-27834 Fishing vessels— CLAUDIA H., 62625 03-27835 DOUBLE DARE, 62625-62626 03-27836 MISS JULIE et al., 62622-62625 03-27832 RUTHIE, 62626 03-27840 Gilbert Brothers Fisheries, 62626 03-27841 Hart Tackle Co. et al., 62626-62629 03-27833 Pryor Fish Camp, 62629 03-27839 Siemens Energy & Automation, Inc., 62629 03-27838 Surgical Specialties Corp., 62629-62630 03-27837 Thomasville Furniture Industries, Inc., 62630 03-27843 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

National Energy Technology Laboratory— Oil Exploration and Production Program, 62567-62569 03-27827 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Montana and Wyoming, 62529-62535 03-27265 PROPOSED RULES Air programs: Ambient air quality standards, national— Transportation conformity; 8-hour ozone and fine particulate matter standards; criteria and procedures, 62689-62729 03-27372 Air quality implementation plans; approval and promulgation; various States:

Montana and Wyoming, 62553-62554 03-27266 NOTICES Meetings: Toxic chemical release reporting; community right-to-know; on-line dialogue, 62579-62582 03-27850 Pesticide registration, cancellation, etc.: Monsanto Co.; cancelled, 62582-62583 03-27852 Syngenta Crop Protection, Inc., et al., 62583-62586 03-27678 Pesticides; experimental use permits, etc.: Syngenta Seeds, Inc., 62586-62588 03-27677 Reports and guidance documents; availability, etc.: Environmental injustice; toolkit for assessing allegations, 62588 03-27851 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Eurocopter France, 62513-62514 03-27542 Class D airspace, 62514-62515 03-27751 Class E airspace, 03-27741 62515-62516 03-27750 PROPOSED RULES Airworthiness directives: Bombardier, 62545-62548 03-27847 Raytheon, 62544-62545 03-27798 Class D airspace, 62548-62549 03-27752 NOTICES Agency information collection activities; proposals, submissions, and approvals, 62650-62651 03-27755 03-27758 Airport revenue use; policy and procedures, 62651-62652 03-27753 Environmental statements; notice of intent:

Mammoth Yosemite Airport, CA, 62652-62653 03-27756 Omaha Airspace Redesign; air traffic routing modifications in metropolitan Omaha, NE and surrounding areas, 62653-62654 03-27757 Exemption petitions; summary and disposition, 62654-62657 03-27739 03-27740 Passenger facility charges; applications, etc.: Dallas/Fort Worth International Airport, TX, 62657 03-27759 Hagerstown Regional Airport-Richard A. Henson Field, MD, 62657-62658 03-27754 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Arizona, 62541 03-27819 California, 03-27821 62539-62540 03-27822 Oklahoma, 62539 03-27825 Texas and Louisiana, 62541-62542 03-27818 West Virginia and Virginia, 62540-62541 03-27820 PROPOSED RULES Radio stations; table of assignments: Georgia, 62554 03-27824 Michigan, 62554-62555 03-27823 NOTICES Agency information collection activities; proposals, submissions, and approvals, 62588-62592 03-27734 03-27735 03-27736 03-27738 Common carrier services: Wireline companies— Access charges;

NYNEX waiver, 62592-62593 03-27816 Non-dominant carriers; tariff notice requirements, 62593 03-27815 Payphone customer; definition, 62593-62594 03-27814 Presubscribed interexchange carrier charge to discontinued customers; application, 62594 03-27817 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 62594-62595 03-27786 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

New York Independent System Operator, Inc., et al., 62573-62575 E3-00182 Environmental statements; availability, etc.: Grand River Dam Authority, OK, 62575 E3-00172 South Carolina Electric & Gas Co., 62575-62576 E3-00173 Hydroelectric applications, E3-00167 E3-00169 62576-62579 E3-00170 E3-00171 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 62569 E3-00178 CenterPoint Energy-Mississippi River Transmission Corp., 62569 E3-00177 Chinook Pipeline Co. et al., 62570 E3-00166 East-of-California Shippers et al., 62570 E3-00180 EnCana Border Pipelines Ltd. and Omimex Canada, Ltd., 62570-62571 E3-00181 Golden Spread Electric Cooperative, Inc., 62571-62572 E3-00168 North Baja Pipeline, LLC, 62572 E3-00174 Northern Natural Gas Co., 62572 E3-00176 Regional Transmission Organizations et al., 62572 E3-00165 Southern Star Central Gas Pipeline, Inc., 62573 E3-00175 Transcontinental Gas Pipe Line Corp., 62573 E3-00179 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

McCarthy Road, AK, 62658-62659 03-27781 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 62595-62596 03-27856 Ocean transportation intermediary licenses: IFE Global Logistics Inc. et al., 62596 03-27855 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 62596 03-27762 Meetings; Sunshine Act, 62596-62597 03-27914 FTC Federal Trade Commission NOTICES Prohibited trade practices: Alabama Trucking Association, Inc., 62597-62601 03-27811 Movers Conference of Mississippi, Inc., 62601-62606 03-27812 New Hampshire Motor Transport Association, 62606-62607 03-27813 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62610-62611 03-27717 Forest Forest Service NOTICES Meetings:

California Coast Provincial Advisory Committee, 62558 03-27790 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 62614-62616 03-27784 03-27785 Interior Interior Department See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Nonaccrual-experience method of accounting; use limitation Correction, 62516 03-27864 PROPOSED RULES Incomes taxes: Mortgage revenue bonds; public hearing, 62549-62553 03-27866 Income taxes: Partnerships with foreign partners; obligation to pay withholding tax on taxable income Correction, 62553 03-27865 NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-27868 62659-62660 03-27869 Committees; establishment, renewal, termination, etc.: Tax Exempt and Government Entities Advisory Committee, 62660 03-27867 Meetings:

Taxpayer Advocacy Panels, 62660-62661 03-27870 International International Trade Administration NOTICES Antidumping: High and ultra-high voltage ceramic station post insulators from— Japan, 62560-62561 03-27861 Export trade certificates of review, 62561-62563 03-27722 North American Free Trade Agreement (NAFTA); binational panel reviews: Durum wheat and hard red spring wheat from— Canada, 62563 03-27863 Gray portland cement clinker from— Mexico, 62563 03-27862 Justice Justice Department RULES Organization, functions, and authority delegations:

Secretary of Health and Human Services; administrative Federal tort claims settlement, 62516-62517 03-27826 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Labor Statistics Bureau NOTICES North American Agreement on Labor Cooperation: Operation and effectiveness from 1999 to present; review; comment request, 62620 03-27831 Labor Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 62630 03-27828 Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.:

Nevada, 62616 03-27845 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 62630-62631 03-27945 Maritime Maritime Administration RULES Information collection responses; electronic transmittal options, 62535-62539 03-27761 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Space Science Advisory Committee, 62631 03-27876 National Credit National Credit Union Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62631-62637 03-27764 03-27765 03-27766 03-27778 03-27779 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Arts and Artifacts Indemnity Panel, 62637-62638 03-27788 Humanities National Council, 62638 03-27787 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico reef fish; vermilion snapper, 62542-62543 03-27844 NOTICES Permits: Marine mammals, 62563-62564 03-27846 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 62616-62618 03-27718 03-27719 National Register of Historic Places:

Pending nominations, 62618-62619 03-27720 03-27721 Nuclear Nuclear Regulatory Commission RULES Access authorization fees; assessment, 62509-62513 03-27804 NOTICES Reports and guidance documents; availability, etc.: Environmental justice; regulatory and licensing actions; policy statement, 62642-62645 03-27805 *Applications, hearings, determinations, etc.:* CFC Logistics, Inc., 62638-62639 03-27806 Duke Energy Corp., 62639 03-27800 PSEG Nuclear, LLC; correction, 62639-62640 03-27801 Southern Nuclear Operating Co., 62640-62641 03-27803 STP Nucelar Operating Co. et al., 62641-62642 03-27802 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 62564-62565 03-27793 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Alzheimer's Disease Awareness Month (Proc. 7728), 62503-62504 03-28001 National Diabetes Month (Proc. 7729), 62505-62506 03-28002 National Family Caregivers Month (Proc. 7730), 62507 03-28003 Research Research and Special Programs Administration PROPOSED RULES Pipeline safety:

Gas and hazardous liquid gathering lines; safety regulation; comment request and meeting, 62555-62557 03-27858 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: New York Stock Exchange, Inc., 62645-62646 03-27854 Pacific Exchange, Inc., 62646-62648 03-27853 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62648 03-27871 Social Social Security Administration PROPOSED RULES Special veterans benefits;

World War II veterans, 62669-62688 03-27434 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 62611-62613 03-27797 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Texas, 62517-62519 03-27877 Wyoming, 62519-62524 03-27878 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-27808 62661-62662 03-27809 03-27810 Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee:

U.S.-Central America Free Trade Agreement— Volunteer trade capacity building assistance, 62648-62649 03-27875 U.S.-Southern African Customs Union Free Trade Agreement— Volunteer trade capacity building assistance, 62649-62650 03-27874 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Research and Special Programs Administration Transportation Transportation Security Administration NOTICES Aviation security:

Infrastructure fee; imposition; comment request, 62613-62614 03-27782 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 62662-62666 03-27723 03-27724 03-27727 03-27728 Meetings: Capital Asset Realignment for Enhanced Services Commission, 62666 03-27730 Prosthetics and Special-Disabilities Programs Advisory Committee, 62666-62667 03-27729 Separate Parts In This Issue Part II Social Security Administration, 62669-62688 03-27434 Part III Environmental Protection Agency, 62689-62729 03-27372 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 214 Wednesday, November 5, 2003 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 RIN 3150-AH30 Assessment of Access Authorization Fees AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY:

The Nuclear Regulatory Commission

(NRC)is amending its regulations to change the way the agency assesses access authorization fees. The NRC is replacing its set fee schedules for special nuclear material access authorization and national security information or restricted data access authorization with a formula for calculating fees based on current Office of Personnel Management

(OPM)billing rates for personnel background investigations. The new formula is designed to recover the full cost of processing a request for access authorization from the licensee. The use of a fee assessment formula tied to current OPM billing rates will eliminate the need for the NRC to update its access authorization fee schedules through regular rulemakings. EFFECTIVE DATE: November 5, 2003. ADDRESSES: Publicly available documents pertaining to this rulemaking may be accessed through the NRC's Electronic Reading Room on the Internet at *http://www.nrc.gov/reading-rm/adams.html* . If ADAMS access is not available or difficulty is encountered in its use, contact the NRC PDR Reference staff at 1-800-397-4209,

(301)415-4737, or through the PDR's e-mail address at *pdr@nrc.gov.* Publicly available NRC documents related to this final rule can also be viewed on public computers in the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, Room O-1 F21. The PDR reproduction contractor will make copies of documents for a fee. FOR FURTHER INFORMATION CONTACT: Patricia A. Smith, Security Branch, Division of Facilities and Security, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-7739, e-mail *pas5@nrc.gov.* SUPPLEMENTARY INFORMATION: Background Certain individuals employed by licensees or contractors of the Nuclear Regulatory Commission

(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 such 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 full-field 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. The Office of Personnel Management

(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 has been the NRC's practice to publish the fee schedule for special nuclear material access authorization in § 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 have been based on rates charged by OPM for conducting the required background investigations. In the past, the NRC has amended its fee schedules whenever OPM has notified Federal agencies of a change in the rates charged for conducting background investigations, with the NRC's adjusted fees becoming effective on the date the new NRC fee schedules were published in the **Federal Register** . Discussion The NRC's past practice of publishing adjusted fee schedules in response to OPM rate changes led to frequent NRC rulemakings to revise § 11.15(e)(1) and Appendix A to Part 25. Rulemaking is a resource-intensive and inefficient means of accomplishing purely administrative purposes such as, in this case, the maintenance of NRC fee schedules fully reflective of current OPM billing rates for routine agency-to-agency services. Moreover, past NRC rulemakings to update the access authorization fee schedules did not take into account the increasing in-house cost to the NRC of processing access authorization applications. This final rule amends § 11.15(e), § 25.17(f), and Appendix A to Part 25 to establish a formula for calculating NRC fees that is directly tied to published OPM billing rates. This amendment will ensure that the NRC's administrative costs are fully recovered through access authorization fees charged to licensees, while obviating the need for routine rulemakings to amend the fee schedules. This final rule replaces the NRC's set schedule of access authorization fees with tables which 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 02-01 on November 1, 2001 and became effective on January 1, 2002. FIN 02-01 is available on OPM's Investigations Service Web site at *http://www.opm.gov/extra/investigate/fins.htm.* NRC licensees can also obtain the current OPM investigations rate schedule from the 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 define the NRC's access authorization fee for any given request as the sum of

(1)the current OPM billing rate for the required investigation and

(2)the NRC's in-house processing fee. As noted, the OPM billing rate is pulled directly from the current OPM fee schedule for investigations. The new 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 on OPM's fee schedule. The NRC's in-house processing fee is 11.6% of the relevant OPM rate. The in-house processing fee of 11.6% 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 × 11.6%), 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 02-01), OPM charges $2,725 for a “Code C” SSBI. The table instructs the licensee to calculate the NRC processing fee by multiplying $2,725 by 11.6%, which equals $316.10. The licensee then rounds the NRC processing fee to the nearest dollar, or $316, and adds that amount to the OPM investigations fee of $2,725 to determine the total assessed material access authorization fee: $3041. The table below illustrates the calculation process: Current OPM billing rate for SSBI-C Plus NRC application processing fee OPM rate × 11.6% = NRC fee (rounded to nearest $) Equals total NRC access authorization fee for NRC-U application $2,725 $2,725 × 11.6% = $316.10 (rounded to $316) = $3,041 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 × 11.6%), rounded to the nearest dollar] = NRC access authorization fee}, illustrated above, to calculate the correct NRC access authorization fee for the type of application submitted. Section-by-Section Analysis Section 11.15(e) The revised paragraph § 11.15(e)(1) describes the relationship between OPM and NRC and provides the formula used in calculating the material access authorization fee. This paragraph also explains how to access the OPM billing schedule and specifies that changes to the access authorization fees become effective on the effective date of OPM's most recently published billing schedule. The revised § 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 paragraph. The table cross-references each type of NRC material 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 {OPM rate + [(OPM rate × 11.6%), rounded to the nearest dollar] = NRC access authorization fee}. New paragraph § 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) The revised paragraph § 25.17(f)(1) describes the relationship between OPM and NRC and provides the formula used in calculating national security information and restricted data access authorization fees. This paragraph also explains how to access the OPM billing schedule and specifies that changes to national security information and restricted data access authorization fees become effective on the effective date of OPM's most recently published billing schedule. The revised § 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 × 11.6%), rounded to the nearest dollar] = NRC access authorization fee} with reference to the table in appendix A to part 25. New paragraph § 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 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. Administrative Procedure Act 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 upon publication in the **Federal Register** . Good cause exists to dispense with the usual 30-day delay in the effective date because the amendments are of a minor and administrative nature. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Pub. L. 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 replaces the NRC's published access authorization fee schedules with a formula for calculating access authorization fees based on current Office of Personnel Management billing rates for personnel background investigations. 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. Because of its procedural nature, this action does not raise environmental justice concerns. 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, 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 rulemaking. This final rule establishes a formula for calculating access authorization fees which ensures that the NRC recovers the full cost of application processing from licensees submitting access authorization requests. The formula provides 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. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, 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 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 § 11.15, paragraph

(e)is revised to read as follows: § 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 × 11.6%), 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 Security Branch, Division of Facilities and Security, Office of Administration at 1-800-368-5642. 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 × 11.6%), rounded to the nearest dollar] = NRC access authorization fee} and with reference to the following table: The NRC application fee for an access authorization type * * * Is the sum of the current OPM billing rate charged for an investigation of type * * * 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 * * * i. NRC-R 1 NACLC—National Agency Check with Law and Credit (Standard Service, Code B) 11.6% ii. NRC-R 1 (expedited processing) NACLC—National Agency Check with Law and Credit (Expedite Handling, Code A) 11.6% iii. NRC-R based on certification of comparable investigation 2 No fee assessed for most applications. iv. NRC-R renewal 1 NACLC—National Agency Check with Law and Credit (Standard Service, Code B) 11.6% v. NRC-U requiring single scope investigation SSBI—Single Scope Background Investigation (120 Day Service, Code C) 11.6% vi. NRC-U requiring single scope investigation (expedited processing) SSBI—Single Scope Background Investigation (35 Day Service, Code A) 11.6% vii. NRC-U based on certification of comparable investigation 2 No fee assessed for most applications. viii. NRC-U renewal 2 LBI—Limited Background Investigation (120 Day Service, Code C) 11.6% 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 prior to 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 prior to 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: 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. 12829, 3 CFR, 1993 Comp., p. 570; E.O. 12958, 3 CFR, 1995 Comp., p. 333; E.O. 12968, 3 CFR, 1995 Comp., p. 396. Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701). 4. In § 25.17, paragraph

(f)is revised to read as follows: § 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 × 11.6%), rounded to the nearest dollar] = NRC access authorization fee}. Updated OPM billing rates are published periodically in a Federal Investigations Notice

(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 United States 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 × 11.6%), 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, since 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. 5. Appendix A to Part 25 is revised as follows: APPENDIX A TO PART 25—FEES FOR NRC ACCESS AUTHORIZATION The NRC application fee for an access fee for an acess authorization type * * * Is the sum of the current OPM billing rate charged for an investigation of type * * * 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 * * * Initial “L” access authorization 1 ANACI—Access National Agency Check with Inquiries (Standard Service, Code B) 11.6% Initial “L” access authorization 1 (expedited processing) ANACI—Access National Agency Check with Inquiries (Expedite Handling, Code A) 11.6% Reinstatement of “L” access authorization 2 ANACI—Access National Agency Check with Inquiries (Standard Service, Code B) 11.6% Extension or Transfer of “L” access authorization 2 ANACI—Access National Agency Check with Inquiries (Standard Service, Code B) 11.6% Renewal of “L” access authorization 1 ANACI—Access National Agency Check with Inquiries (Standard Service, Code B) 11.6% Initial “Q” access authorization SSBI—Single Scope Background Investigation (120 Day Service, Code C) 11.6% Initial “Q” access authorization (expedited processing) SSBI—Single Scope Background Investigation (35 Day Service, Code A) 11.6% Reinstatement of “Q” access authorization 2 SSBI—Single Scope Background Investigation (120 Day Service, Code C) 11.6% Reinstatement of “Q” access authorization 2 (expedited processing) SSBI—Single Scope Background Investigation (35 Day Service, Code A) 11.6% Extension or Transfer of “Q” 2 SSBI—Single Scope Background Investigation (120 Day Service, Code C) 11.6% Extension or Transfer of “Q” 2 (expedited processing) SSBI—Single Scope Background Investigation (35 Day Service, Code A) 11.6% Renewal of “Q” access authorization 2 LBI—Limited Background Investigation (120 Day Service, Code C) 11.6% 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 the investigation. 2 Full fee will only be charged if an investigation is required. Dated at Rockville, Maryland, this 27th day of October, 2003. For the Nuclear Regulatory Commission. William D. Travers, Executive Director for Operations. [FR Doc. 03-27804 Filed 11-4-03; 8:45 am]

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