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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
The NRC application fee for an access authorization of type . . .

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

F NRCU renewal 1 expedited processing

Tier 5 Reinvestigation T5R Priority Handling

73637

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

1 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 before the conduct of the investigation.

f1 Any Federal employee, employee of a contractor of a Federal agency, licensee, or other person visiting an affected facility for the purpose of conducting official business, who possesses an active NRC or DOE
Q access authorization or an equivalent Federal security clearance granted by another Federal agency Top Secret based on a comparable T5 background investigation may be permitted, in accordance with 11.11, the same level of unescorted access that an NRCU
special nuclear material access authorization would afford.

11.16

Amended
5. In 11.16, fourth sentence:
a. Remove the designation U and add in its place the designation U or R ; and b. Remove the designation single scope and add in its place the designation Tier 5.

PART 25ACCESS AUTHORIZATION

Authority: Atomic Energy Act of 1954, secs. 145, 161, 223, 234 42 U.S.C. 2165, 2201, 2273, 2282; Energy Reorganization Act of 1974, sec. 201 42 U.S.C. 5841; 44 U.S.C.
3504 note; E.O. 10865, 25 FR 1583, as amended, 3 CFR, 19591963 Comp., p. 398;
E.O. 12829, 58 FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 13526, 75 FR 707, 3 CFR, 2009
Comp., p. 298; E.O. 12968, 60 FR 40245, 3
CFR, 1995 Comp., p. 391.
Section 25.17f and Appendix A also issued under 31 U.S.C. 9701; 42 U.S.C. 2214.

7. In 25.5, revise the definitions for L access authorization and Q
access authorization to read as follows:

Definitions.

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L access authorization means an access authorization granted by the Commission that is normally based on a Tier 3 T3 investigation conducted by the Defense Counterintelligence and Security Agency DCSA.

Q access authorization means an access authorization granted by the
VerDate Sep<11>2014

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25.8 Information collection requirements: OMB approval.

c
2 In 25.17c, 25.21c, 25.27b, 25.29, and 25.31, the Electronic Questionnaire for Investigations Processing e-QIP, Questionnaire for National PositionsStandard Form 86
SF86 is approved under control number 32060005.

9. In 25.17, revise paragraphs d1i and f1, 3, and 4 to read as follows:
25.17 Approval for processing applicants for access authorization.

6. The authority citation for part 25
continues to read as follows:

25.5

Commission normally based on a Tier 5
T5 investigation conducted by the Defense Counterintelligence and Security Agency, the Federal Bureau of Investigation, or other U.S. Government agency that conducts personnel security investigations.

8. In 25.8, revise paragraph c2 to read as follows:

d1
i Electronic Questionnaire for Investigations Processing e-QIP, Questionnaire for National Security PositionsStandard Form 86 SF86.

f
1 Each application for 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 access authorization fee.
This fee must be determined using the following formula: The DCSA
investigation billing rates on the day the NRC receives the application + the NRC
processing fee = the NRC access authorization fee. The NRC processing fee is determined by multiplying the DCSA investigation billing rate on the day the NRC receives the application by 90.2 percent i.e., DCSA rate 90.2
percent.

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3 The NRCs Information Access Authority Program IAAP 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 IAAP 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, the IAAP fees are adjusted to reflect the current cost for the program.
IAAP requests for reciprocity will be charged a flat fee rate of $95.00 as referenced in paragraph f4 of this section. This flat fee is aligned with the level of effort that has been expended by DCSA to process reciprocity requests, and accounts for inflation as well as recovery of the appropriate cost for conducting the investigations. Copies of the current NRC access authorization fee may be obtained by contacting the NRCs Personnel Security Branch, Division of Facilities and Security, Office of Administration by email at:
Licensee_Access_Authorization_
Fee.Resource@nrc.gov. Any change in the NRCs access authorization fee 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 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.
i Applications for reciprocity will be processed at the NRC flat fee rate of $95
per request, as referenced in the following table:

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