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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
Reorganization Act of 1974, sec. 201 42
U.S.C. 5841; 44 U.S.C. 3504 note.
Section 11.15e also issued under 31
U.S.C. 9701; 42 U.S.C. 2214.

2. In 11.7, revise the definitions for NRC-R special nuclear material access authorization and NRC-U
special nuclear material access authorization to read as follows:

11.7

Definitions.

NRC-R special nuclear material access authorization means an administrative determination based upon a Tier 3 background investigation that an individual in the course of employment is eligible to work at a job falling within the criterion of 11.11a2.
NRC-U special nuclear material access authorization means an administrative determination based upon a Tier 5 background investigation that an individual in the course of employment is eligible to work at a job falling within the criterion of 11.11a1 or 11.13.

3. In 11.8, add paragraph c to read as follows:
11.8 Information collection requirements: OMB approval.

c In 11.15, the SF86, Electronic Questionnaire for Investigations Processing e-QIP, Questionnaire for National PositionsStandard Form 86, is approved under control number 32060005.
4. In 11.15, revise paragraphs b1, c1ii, e1, 3, and 4, and f1 to read as follows:
11.15 Application for special nuclear material access authorization.

b
1 Electronic Questionnaire for Investigations Processing e-QIP, Questionnaire for National Security PositionsStandard Form 86 SF86;

c1

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ii The Electronic Questionnaire for Investigations Processing e-QIP, Questionnaire for National Security PositionsStandard Form 86 SF86;

e
1 Each application for a special nuclear material access authorization, renewal, or change in level must be accompanied by a remittance, payable to the U.S. Nuclear Regulatory Commission, which is equal to the NRC
material access authorization fee. This fee must be determined using the following formula: The DCSA
investigation billing rates on the day of NRC receipt of the application + the NRC processing fee = the NRC material access authorization fee. The NRC
processing fee is determined by multiplying the DCSA investigation billing rate on the day of NRC receipt of the application by 90.2 percent i.e., DCSA rate 90.2 percent.

3 The NRCs Material Access Authorization Program MAAP is considered reimbursable work representing services provided to an organization for which the NRC is entitled payment. The NRC is authorized to receive and retain fees from licensees for services performed.
The NRCs Office of the Chief Financial Officer periodically reviews the fees charged for MAAP and makes recommendations on revising those charges to reflect costs incurred by the NRC in providing those services. The reviews are performed using cost analysis techniques to determine the direct and indirect costs. Based on this review, all MAAP requests for reciprocity will be charged a flat fee rate of $95.00 as referenced in paragraph e4i of this section. This flat fee would be aligned with the level of effort that has recently been expended by DCSA to process reciprocity requests, and accounts for inflation as well as recovery of the appropriate cost for conducting this work. Copies of the current NRC material access authorization fee may be obtained by
contacting the NRCs Personnel Security Branch, Division of Facilities and Security, Office of Administration by email to: Licensee_Access_
Authorization_Fee.Resource@nrc.gov.
Any change in the NRCs access authorization fees will be applicable to each access authorization request received on or after the effective date of the DCSAs most recently published investigation billing rates schedule.
4 Certain applications from individuals having current Federal access authorizations may be processed expeditiously and at a reduced cost 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.
i Applications for reciprocity will be processed at the NRC flat fee rate of $95
per request as referenced in the following table:
The NRC application fee for an access authorization of type . . .
A NRCR based on certification of comparable investigation 1
B NRCU based on certification of comparable investigation 2

ii Applicants shall, in cases where reciprocity is not acceptable and it is necessary to perform a background investigation, be charged the appropriate fee as referenced in the following table. Applicants shall calculate the access authorization fee according to the stated formula i.e., DCSA rate 90.2 percent.

A NRCR initial 1
B NRCR renewal 1
C NRCU initial
D NRCU initial expedited processing
E NRCU renewal 1

Tier Tier Tier Tier Tier
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95

the NRC determines, based on its review of available data, that a Tier 3 investigation is necessary, the appropriate NRCR fee will be assessed as shown in paragraph e4ii of this section before the conduct of the investigation.
2 If the NRC determines, based on its review of available data, that a Tier 5 investigation is necessary, the appropriate NRCU fee will be assessed as shown in paragraph e4ii of this section before the conduct of the investigation.

Is the sum of the current DCSA investigation billing rate charged for an investigation of type . . .

VerDate Sep<11>2014

$95

1 If
The NRC application fee for an access authorization of type . . .

3
3 5
5 5

NRC fee rate
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28DER1

Plus the NRCs processing fee rounded to the nearest dollar, which is equal to the DCSA investigation billing rate for the type of investigation referenced multiplied by . . .
% 90.2
90.2
90.2
90.2
90.2