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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
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VI. Regulatory Flexibility Certification Under the Regulatory Flexibility Act 5 U.S.C. 605b, the Commission certifies that this direct final rule amending 10 CFR parts 11, 25, and 95
does not have a significant economic impact on a substantial number of small entities. This direct final rule applies to those licensees who use, process, store, transport, or deliver to a carrier for transport, formula quantities of special nuclear material as defined in 10 CFR
part 73 or generate, receive, safeguard, and store National Security Information or Restricted Data as defined in 10 CFR
part 95. Two licensees, both fuel cycle facilities, are currently required to comply with 10 CFR part 11. Seventyeight licensees and other organizations, mostly power reactors and fuel cycle facilities, are currently required to comply with 10 CFR part 25. None of these licensees are small entities as defined in the Regulatory Flexibility Act or the size standards established by the NRC 2.810. This direct final rule also applies to contractors of those licensees required to comply with this direct final rule who use, process, store, transport, or deliver to a carrier for transport, formula quantities of special nuclear material as defined in 10 CFR part 73
or generate, receive, safeguard, and store National Security Information or Restricted Data as defined in 10 CFR
part 95. Some of these contractors may be small entities as defined in the Regulatory Flexibility Act or the NRCs size standards. However, some of these contractors are reimbursed through the contract for the cost of securing access authorization. There are not a substantial number of unreimbursed small entity contractors who apply for access authorization, nor is the NRC
aware of any significant impact on these unreimbursed small entity contractors.
VII. Regulatory Analysis A regulatory analysis has not been prepared for this direct final rule. This direct final rule ensures that the NRC
recovers the full cost of application processing from licensees submitting access authorization requests, as is required by statute 42 U.S.C. 2214b.
The formula method for calculating these fees continues to provide an efficient and effective mechanism for updating the NRC access authorization fees in response to changes in the underlying DCSA investigation billing rates schedule for required personnel background investigations. The Nuclear Energy Innovation and Modernization Act 42 U.S.C. 2215 requires the NRC
to recover through fees the full cost
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incurred in providing a service or thing of value. These amendments will neither impose new safety requirements nor relax existing ones and, therefore, do not call for the sort of safety/cost analysis described in the NRCs regulatory analysis guidelines in NUREG/BR0058, Revision 4, Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory Commission, dated September 2004 ADAMS
Accession No. ML042820192.
VIII. Backfitting and Issue Finality The NRC has determined that the backfit rule does not apply to this direct final rule and that a backfit analysis is not required. Collection of fees to recover the NRCs costs is required by statute 42 U.S.C. 2214b. Therefore, changes to rules designating the amount to be collected are not subject to the backfitting provisions or issue finality provisions in 10 CFR chapter I.
IX. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, Plain Language in Government Writing, published June 10, 1998 63 FR 31885.
X. National Environmental Policy Act The NRC has determined that this final rule is the type of action described in 10 CFR 51.22c1, which is categorically excluded from environmental review. Therefore, neither an environmental impact statement nor environmental assessment has been prepared for this final rule.
XI. Paperwork Reduction Act Statement This direct final rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq.. Existing requirements were approved by the Office of Management and Budget OMB, Approval Numbers 31500046 and 31500062.
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.

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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 the Office of Management and Budget.
XIII. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or is otherwise impractical. In this direct final rule, the NRC will revise the formula for calculating the NRCs access authorization fee charged to licensees for work performed under MAAP and IAAP from 55.8 percent of the DCSA
investigation billing rate for an investigation of a given type to 90.2
percent. In addition, MAAP requests for reciprocity will be charged a flat fee rate of $95.00. This action does not constitute the establishment of a standard that contains generally applicable requirements.
List of Subjects 10 CFR Part 11
Hazardous materials transportation, Investigations, Nuclear energy, Nuclear materials, Penalties, Reporting and recordkeeping requirements, Security measures, Special nuclear material.
10 CFR Part 25
Classified information, Criminal penalties, Investigations, Penalties, Reporting and recordkeeping requirements, Security measures.
10 CFR Part 95
Classified information, Criminal penalties, Penalties, 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, 25, and 95:
PART 11CRITERIA AND
PROCEDURES FOR DETERMINING
ELIGIBILITY FOR ACCESS TO OR
CONTROL OVER SPECIAL NUCLEAR
MATERIAL

XII. Congressional Review Act
1. The authority citation for part 11
continues to read as follows:

In accordance with the Congressional Review Act of 1996 5 U.S.C. 801808,
Authority: Atomic Energy Act of 1954, secs. 161, 223 42 U.S.C. 2201, 2273; Energy
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