[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Rules and Regulations]
[Pages 63897-63901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30173]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / 
Rules and Regulations  

[[Page 63897]]


NUCLEAR REGULATORY COMMISSION

10 CFR Part 9

RIN 3150-AD83


Revision of Specific Exemptions Under the Privacy Act

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to add exemptions authorized by subsections (j)(2) and 
(k)(5) of the Privacy Act of 1974, as amended (Privacy Act), to those 
currently in place for System of Records NRC-18, ``Office of the 
Inspector General (OIG) Investigative Records--NRC,'' under subsections 
(k)(1), (k)(2), and (k)(6). The additional exemptions for NRC-18 are 
necessary to maintain the integrity and confidentiality of these 
records, to protect the privacy of third parties, and to avoid 
interference with law enforcement activities. The final rule also 
updates the list of exemptions that apply to specific NRC systems of 
records and is necessary to eliminate any confusion regarding the 
exemption(s) applicable to each system.

EFFECTIVE DATE: January 12, 1996.

FOR FURTHER INFORMATION CONTACT: Jona L. Souder, Privacy Act Program 
Manager, Freedom of Information/Local Public Document Room Branch, 
Division of Freedom of Information and Publications Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, Telephone: 301-415-7170.

SUPPLEMENTARY INFORMATION:

Background

    On July 26, 1995 (60 FR 38282), the NRC published a proposed rule 
in the Federal Register that would amend NRC's Privacy Act regulations 
contained in 10 CFR part 9, subpart B. The proposed amendments would 
add subsections (j)(2) and (k)(5) exemptions to Privacy Act System of 
Records NRC-18, ``Office of the Inspector General (OIG) Investigative 
Records--NRC,'' and update the list of exemptions that apply to 
specific NRC systems of records. On July 26, 1995 (60 FR 38379), the 
NRC published revisions to NRC-18 that would, among other things, add 
subsections (j)(2) and (k)(5) exemptions and two new routine uses, 
revise existing routine uses, and permit disclosures to consumer 
reporting agencies. The public was provided 40 days in which to comment 
on the two notices. No comments have been received. In addition, as 
required by 5 U.S.C. 552a(r) and Office of Management and Budget (OMB) 
Circular No. A-130, a report on the proposed revisions to the system of 
records and 10 CFR Part 9 was sent to the Committee on Government 
Reform and Oversight, U.S. House of Representatives, the Committee on 
Governmental Affairs, U.S. Senate, and OMB.
    Under subsection (j)(2) of the Privacy Act, the head of an agency 
may issue rules to exempt any system of records within that agency from 
certain provisions of the Privacy Act if the system is maintained by an 
agency component whose principal function pertains to the enforcement 
of criminal laws and if the system of records consists of information 
compiled for a criminal law enforcement purpose. NRC-18 is maintained 
by the OIG, a component of NRC which performs, as one of its principal 
functions, investigations into violations of criminal law in connection 
with NRC's programs and operations in accordance with the Inspector 
General Act of 1978, as amended, and contains criminal law enforcement 
information. Therefore, pursuant to subsection (j)(2), NRC-18 is exempt 
from all provisions of the Privacy Act except subsections (b), (c)(1) 
and (2), (e)(4)(A) through (F), (e)(6), (e)(7), (e)(9), (e)(10), 
(e)(11), and (i).
    The disclosure of information contained in NRC-18, including the 
names of persons or agencies to whom the information has been 
transmitted, would substantially compromise the effectiveness of OIG 
investigations. Knowledge of these investigations could enable suspects 
to prevent detection of criminal activities, conceal or destroy 
evidence, or escape prosecution. Disclosure of this information could 
lead to the intimidation of, or harm to, informants and witnesses, and 
their families, and could jeopardize the safety and well-being of 
investigative and related personnel, and their families. The imposition 
of certain restrictions on the way investigative information is 
collected, verified, or retained would significantly impede the 
effectiveness of OIG investigatory activities and could preclude the 
apprehension and successful prosecution of persons engaged in fraud or 
criminal activity. The exemption is needed to maintain the integrity 
and confidentiality of criminal investigations, to protect individuals 
from harm, and for the following specific reasons:
    (1) 5 U.S.C. 552a(c)(3) requires an agency to make the accounting 
of each disclosure of records available to the individual named in the 
record at the individual's request. These accountings must state the 
date, nature, and purpose of each disclosure of a record and the name 
and address of the recipient. Accounting for each disclosure would 
alert the subjects of an investigation to the existence of the 
investigation and that they are subjects of the investigation. The 
release of this information to the subjects of an investigation would 
provide them with significant information concerning the nature of the 
investigation and could seriously impede or compromise the 
investigation, endanger the physical safety of confidential sources, 
witnesses, law enforcement personnel, and their families, and lead to 
the improper influencing of witnesses, the destruction of evidence, or 
the fabrication of testimony.
    (2) 5 U.S.C. 552a(c)(4) requires an agency to inform outside 
parties of correction of and notation of disputes about information in 
a system in accordance with subsection (d) of the Privacy Act. Because 
this system of records is being exempted from subsection (d) concerning 
access to records, this section is inapplicable to the extent that the 
system of records will be exempted from subsection (d) of the Privacy 
Act.
    (3) 5 U.S.C. 552a(d) and (f) require an agency to provide access to 
records, make corrections and amendments to 

[[Page 63898]]
records, and notify individuals of the existence of records upon their 
request. Providing individuals with access to records of an 
investigation, the right to contest the contents of those records, and 
the opportunity to force changes to be made to the information in those 
records would seriously interfere with and thwart the orderly and 
unbiased conduct of the investigation and impede case preparation. 
Permitting the access normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate with investigators; lead to suppression, 
alteration, fabrication, or destruction of evidence; endanger the 
physical safety of confidential sources, witnesses, law enforcement 
personnel, and their families; and result in the secreting of or other 
disposition of assets that would make them difficult or impossible to 
reach to satisfy any Government claims growing out of the 
investigation.
    (4) 5 U.S.C. 552a(e)(1) requires an agency to maintain in agency 
records only ``relevant and necessary'' information about an 
individual. This provision is inappropriate for investigations because 
it is not always possible to detect the relevance or necessity of each 
piece of information in the early stages of an investigation. In some 
cases, it is only after the information is evaluated in light of other 
evidence that its relevance and necessity will be clear. In other 
cases, what may appear to be a relevant and necessary piece of 
information may become irrelevant in light of further investigation.
    In addition, during the course of an investigation, the 
investigator may obtain information that relates primarily to matters 
under the investigative jurisdiction of another agency, and that 
information may not be reasonably segregated. In the interest of 
effective law enforcement, OIG investigators should retain this 
information because it can aid in establishing patterns of criminal 
activity and can provide valuable leads for Federal and other law 
enforcement agencies.
    (5) 5 U.S.C. 552a(e)(2) requires an agency to collect information 
to the greatest extent practicable directly from the subject 
individual, when the information may result in adverse determinations 
about an individual's rights, benefits, and privileges under Federal 
programs. The general rule that information be collected ``to the 
greatest extent practicable'' from the target individual is not 
appropriate in investigations. OIG investigators should be authorized 
to use their professional judgment as to the appropriate sources and 
timing of an investigation. It is often necessary to conduct an 
investigation so the target does not suspect that he or she is being 
investigated. The requirement to obtain the information from the 
targeted individual may put the suspect on notice of the investigation 
and thwart the investigation by enabling the suspect to destroy 
evidence and take other action that would impede the investigation. 
This requirement may also prevent an OIG investigator from gathering 
information and evidence before interviewing an investigative target to 
maximize the value of the interview by confronting the target with the 
evidence or information. In certain circumstances, the subject of an 
investigation cannot be required to provide information to 
investigators and information must be collected from other sources. It 
is often necessary to collect information from sources other than the 
subject of the investigation to verify the accuracy of the evidence 
collected.
    In addition, the statutory term ``to the greatest extent 
practicable'' is a subjective standard. It is impossible to define the 
term adequately so that individual OIG investigators can consistently 
apply it to the many fact patterns present in OIG investigations.
    (6) 5 U.S.C. 552a(e)(3) requires an agency to inform each person 
whom it asks to supply information on a form that can be retained by 
the person of the authority under which the information is sought and 
whether disclosure is mandatory or voluntary, of the principal purposes 
for which the information is intended to be used, of the routine uses 
that may be made of the information, and of the effects on the person, 
if any, of not providing all or some part of the requested information. 
The application of this provision could provide the subject of an 
investigation with substantial information about the nature of that 
investigation that could interfere with the investigation. Moreover, 
providing such a notice to the subject of an investigation could 
seriously impede or compromise an undercover investigation by revealing 
its existence and could endanger the physical safety of confidential 
sources, witnesses, investigators, and their families, by revealing 
their identities.
    (7) 5 U.S.C. 552a(e)(4)(G) and (H) require an agency to publish a 
Federal Register notice concerning its procedures for notifying an 
individual at his or her request, if the system of records contains a 
record pertaining to him or her, how to gain access to such a record, 
and how to contest its content. Because this system of records is being 
exempted from subsections (d) and (f) of the Privacy Act concerning 
access to records and agency rules, respectively, these requirements 
are inapplicable to the extent that the system of records will be 
exempted from these requirements. However, OIG has published some 
information concerning its notification, access, and contest 
procedures. Under certain circumstances, OIG could decide it is 
appropriate for an individual to have access to all or a portion of his 
or her records in the system.
    (8) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish notice of 
the categories of sources of records in the system of records. To the 
extent that this provision is construed to require more detailed 
disclosure than the broad, generic information currently published in 
the system notice, an exemption from this provision is necessary to 
protect the confidentiality of sources of information, to protect 
privacy and physical safety of witnesses and informants, and to avoid 
the disclosure of investigative techniques and procedures. OIG will 
continue to publish such a notice in broad generic terms as is its 
current practice.
    (9) 5 U.S.C. 552a(e)(5) requires an agency to maintain its records 
with such accuracy, relevance, timeliness, and completeness as is 
reasonably necessary to ensure fairness to the individual in making any 
determination about the individual. Much the same rationale is 
applicable to this exemption as that set out previously in item (4) 
(duty to maintain in agency records only ``relevant and necessary'' 
information about an individual). Although the OIG makes every effort 
to maintain records that are accurate, relevant, timely, and complete, 
it is not always possible in an investigation to determine with 
certainty that all of the information collected is accurate, relevant, 
timely, and complete. During a thorough investigation, a trained 
investigator would be expected to collect allegations, conflicting 
information, and information that may not be based upon the personal 
knowledge of the provider. When OIG decides to refer the matter to a 
prosecutive agency, for example, that information would be in the 
system of records and it may not be possible to determine the accuracy, 
relevance, and completeness of some information until further 
investigation is conducted, or indeed in many cases until after a trial 
(if at all). This requirement would inhibit the ability of trained 
investigators to exercise professional judgment in conducting a 
thorough investigation. Moreover, fairness to 

[[Page 63899]]
affected individuals is ensured by the due process they are accorded in 
any trial or other proceeding resulting from the OIG investigations.
    (10) 5 U.S.C. 552a(e)(8) requires that an agency make reasonable 
efforts to serve notice on an individual when any record on the 
individual is made available to any person under compulsory legal 
process when such process becomes a matter of public record. Exemption 
from this requirement is needed to avoid revealing investigative 
techniques and procedures outlined in those records and to avoid 
prematurely revealing an ongoing criminal investigation to the subject 
of the investigation.
    (11) 5 U.S.C. 552a(g) provides for civil remedies if any agency 
fails to comply with the requirements concerning access to records 
under subsections (d)(1) and (3) of the Privacy Act, maintenance of 
records under subsection (e)(5) of the Privacy Act, and any other 
provision of the Privacy Act, or any rule issued thereunder, in such a 
way as to have an adverse effect on an individual. Allowing civil 
lawsuits for alleged Privacy Act violations by OIG investigators would 
compromise OIG investigations by subjecting the sensitive and 
confidential information in the OIG system of records to the 
possibility of inappropriate disclosure under the liberal civil 
discovery rules. That discovery may reveal confidential sources, the 
identity of informants, and investigative procedures and techniques, to 
the detriment of the particular criminal investigation as well as other 
investigations conducted by OIG.
    The pendency of such a suit would have a chilling effect on 
investigations, given the possibility of discovery of the contents of 
the investigative case file. A Privacy Act lawsuit could become a 
strategic weapon used to impede OIG investigations. Because the system 
would be exempt from many of the Privacy Act's requirements, it is 
unnecessary and contradictory to provide for civil remedies from 
violations of those specific provisions.
    Under subsection (k)(5) of the Privacy Act, the head of an agency 
may, by rule, exempt any system of records within the agency from 
certain provisions of the Privacy Act if the system of records contains 
investigatory material compiled solely for the purpose of determining 
suitability, eligibility, or qualifications for Federal civilian 
employment, military service, Federal contracts, or access to 
classified information. However, these records would be exempt only to 
the extent that the disclosure of this material would reveal the 
identity of a source who furnished information to the Government under 
an express promise that the identity of the source would be held in 
confidence, or, prior to the effective date of this section, under an 
implied promise that the identity of the source would be held in 
confidence.
    NRC-18 contains information of the type described above. Therefore, 
in accordance with subsection (k)(5), NRC-18 is exempt from subsections 
(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) of the Privacy 
Act to honor promises of confidentiality should the data subject 
request access to or amendment of the records, or access to the 
accounting of disclosure of the records for the following reasons:
    (1) 5 U.S.C. 552a(c)(3) requires an agency to grant access to the 
accounting of disclosures including the date, nature, and purpose of 
each disclosure, and the identity of the recipient. The release of this 
information to the record subject could alert them to the existence of 
the investigation or prosecutive interest by NRC or other agencies. 
This could seriously compromise case preparation by prematurely 
revealing the existence and nature of the investigation; compromise or 
interfere with witnesses, or make witnesses reluctant to cooperate; and 
could lead to suppression, alteration, or destruction of evidence.
    (2) 5 U.S.C. 552a(d) and (f) require an agency to provide access to 
records, make corrections and amendments to records, and notify 
individuals of the existence of records upon their request. Providing 
individuals with access to records of an investigation, the right to 
contest the contents of those records, and the opportunity to force 
changes to be made to the information in the records would seriously 
interfere with and thwart the orderly and unbiased conduct of the 
investigation and impede case preparation. Providing access rights 
normally afforded under the Privacy Act would provide the subject with 
valuable information that would allow interference with or compromise 
of witnesses or render witnesses reluctant to cooperate; lead to 
suppression, alteration, or destruction of evidence; and result in the 
secreting of or other disposition of assets that would make them 
difficult or impossible to reach to satisfy any Government claims 
growing out of the investigation or proceeding.
    (3) 5 U.S.C. 552a(e)(1) requires agencies to maintain only 
``relevant and necessary'' information about an individual in agency 
records. This provision is inappropriate for investigations because it 
is not always possible to detect the relevance or necessity of each 
piece of information in the early stages of an investigation. In some 
cases, it is only after the information is evaluated in light of other 
evidence that its relevance and necessity will be clear.
    (4) Because NRC-18 is being exempted from the underlying duties to 
provide notification about and access to information in the system and 
to make amendments to and corrections of the information under 
subsections (d) and (f) of the Privacy Act, the requirements of 5 
U.S.C. 552a(e)(4) (G) and (H) are inapplicable.
    (5) 5 U.S.C. 552a(e)(4)(I) requires an agency to publish notice of 
the categories of sources of records in the system of records. To the 
extent that this provision is construed to require more detailed 
disclosure than the broad, generic information currently published in 
the system notice, an exemption from this provision is necessary to 
protect the confidentiality of sources of information and to protect 
the privacy and physical safety of witnesses and informants. However, 
the OIG will continue to publish such a notice in broad generic terms 
as is its current practice.
    In addition, 10 CFR 9.95 is being amended to update the list of 
exemptions that apply to specific systems of records. The list includes 
NRC-23, ``Office of Investigations Indices, Files, and Associated 
Records--NRC,'' and NRC-35, ``Drug Testing Program Records--NRC,'' for 
which corresponding Part 9 amendments were not previously prepared when 
each new system was established. NRC-40 has been deleted from this list 
because a review of the system revealed that the subsections (k)(5) and 
(k)(6) exemptions of the Privacy Act were no longer needed. This 
amendment will eliminate any confusion regarding the specific 
exemption(s) applicable to each system of records.

Environmental Impact--Categorical Exclusion

    The NRC has determined that this rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(1). 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 a new or amended information 
collection requirement 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 number 3150-0043.

[[Page 63900]]


Regulatory Analysis

    This final rule adds exemption (j)(2) of the Privacy Act to the NRC 
regulations that describe exempt systems of records. This is an 
administrative regulatory action that would make NRC's regulations 
consistent with the regulations applicable to the majority of 
statutorily appointed Inspectors General. The rule also adds the (j)(2) 
and (k)(5) exemptions to the system of records maintained by OIG and 
clearly links each NRC system of records to the specific exemption(s) 
of the Privacy Act under which the system is exempt. The rule does not 
have an economic impact on any class of licensee or the NRC. By more 
clearly indicating the exemptions under which a system is exempt and by 
conforming NRC's regulations to those of the majority of statutorily 
appointed Inspectors General, the rule may provide some benefit to 
those who may be required to use these regulations.
    The alternative to the rule would be to refrain from adopting the 
identified exemptions. As discussed in this document, failure to adopt 
the rule could have detrimental effects on the OIG's investigative 
program and its ability to obtain and protect information.
    This constitutes the regulatory analysis for this final rule.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), 
the Commission certifies that this final rule does not have a 
significant economic impact on a substantial number of small entities. 
The amendments to 10 CFR part 9 are procedural in nature and will aid 
an NRC office to perform its criminal law enforcement functions. In 
addition, the amendments will eliminate any confusion regarding 
specific exemptions available to each affected Privacy Act system of 
records notice.

Backfit Analysis

    The NRC has determined that the backfit rule 10 CFR 50.109 does not 
apply to this final rule and, therefore, a backfit analysis is not 
required because these amendments do not involve any provisions that 
would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects in 10 CFR Part 9

    Criminal penalties, Freedom of information, Privacy, Reporting and 
recordkeeping requirements, Sunshine Act.

    For the reasons set out 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 part 9.

PART 9--PUBLIC RECORDS

    1. The authority citation for part 9 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).
    Subpart A also issued under 5 U.S.C. 552; 31 U.S.C. 9701; Pub. 
L. 99-570. Subpart B also issued under 5 U.S.C. 552a. Subpart C also 
issued under 5 U.S.C. 552b.

    2. In Sec. 9.52, paragraph (b)(4) is revised to read as follows:


Sec. 9.52  Types of requests.

* * * * *
    (b) Requests for accounting of disclosures. * * * (4) Disclosures 
expressly exempted by NRC regulations from the requirements of 5 U.S.C. 
552a(c)(3) pursuant to 5 U.S.C. 552a(j)(2) and (k).

    3. In Sec. 9.61, current paragraph (b) is redesignated as paragraph 
(c), and a new paragraph (b) is added to read as follows:


Sec. 9.61  Procedures for processing requests for records exempt in 
whole or in part.

* * * * *
    (b) General exemptions. Generally, 5 U.S.C. 552a(j)(2) allows the 
exemption of any system of records within the NRC from any part of 
section 552a except subsections (b), (c)(1) and (2), (e)(4)(A) through 
(F), (e)(6), (7), (9), (10), and (11), and (i) of the act if the system 
of records is maintained by an NRC component that performs as one of 
its principal functions any activity pertaining to the enforcement of 
criminal laws, including police efforts to prevent, control, or reduce 
crimes, or to apprehend criminals, and consists of--
    (1) Information compiled for the purpose of identifying individual 
criminal offenders and alleged offenders and consisting only of 
identifying data and notations of arrests, the nature and disposition 
of criminal charges, sentencing, confinement, release and parole, and 
probation status;
    (2) Information compiled for the purpose of a criminal 
investigation, including reports of informants and investigators, and 
associated with an identifiable individual; or
    (3) Reports identifiable to an individual compiled at any stage of 
the process of enforcement of the criminal laws from arrest or 
indictment through release from supervision.
* * * * *
    4. In Sec. 9.80, paragraphs (a)(6), (10), and (11) are revised and 
a new paragraph (a)(12) is added to read as follows:


Sec. 9.80  Disclosure of record to persons other than the individual to 
whom it pertains.

    (a) * * *
    (6) To the National Archives and Records Administration as a record 
that has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or to the Archivist of 
the United States or designee for evaluation to determine whether the 
record has such value;
* * * * *
    (10) To the Comptroller General, or any authorized representatives, 
in the course of the performance of the duties of the General 
Accounting Office;
    (11) Pursuant to the order of a court of competent jurisdiction; or
    (12) To a consumer reporting agency in accordance with 31 U.S.C. 
3711(f).
    5. Section 9.95 is revised to read as follows:


Sec. 9.95  Specific exemptions.

    The following records contained in the designated NRC Systems of 
Records (NRC-5, NRC-9, NRC-11, NRC-18, NRC-22, NRC-23, NRC-28, NRC-29, 
NRC-31, NRC-33, NRC-35, NRC-37, and NRC-39) are exempt from 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) in accordance 
with 5 U.S.C. 552a(k). In addition, the records contained in NRC-18 are 
exempt from the provisions of 5 U.S.C. 552a and the regulations in this 
part, under 5 U.S.C. 552a(j)(2), except subsections (b), (c)(1) and 
(2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). 
Each of these systems of records is subject to the provisions of 
Sec. 9.61:
    (a) Contracts Records Files, NRC-5 (Exemptions (k)(1) and (k)(5));
    (b) Equal Employment Opportunity Discrimination Complaint Files, 
NRC-9 (Exemption (k)(5));
    (c) General Personnel Records (Official Personnel Folder and 
Related Records), NRC-11 (Exemptions (k)(5) and (k)(6));
    (d) Office of the Inspector General (OIG) Investigative Records, 
NRC-18 (Exemptions (j)(2), (k)(1), (k)(2), (k)(5), and (k)(6));
    (e) Personnel Performance Appraisals, NRC-22 (Exemptions (k)(1) and 
(k)(5));
    (f) Office of Investigations Indices, Files, and Associated 
Records, NRC- 23 (Exemptions (k)(1), (k)(2), and (k)(6));
    (g) Recruiting, Examining, and Placement Records, NRC-28 (Exemption 
(k)(5));
    (h) Nuclear Documents System (NUDOCS), NRC-29 (Exemption (k)(1)); 
    
[[Page 63901]]

    (i) Correspondence and Records, Office of the Secretary, NRC-31 
(Exemption (k)(1));
    (j) Special Inquiry File, NRC-33 (Exemptions (k)(1), (k)(2), and 
(k)(5));
    (k) Drug Testing Program Records, NRC-35 (Exemption (k)(5));
    (l) Information Security Files and Associated Records, NRC-37 
(Exemptions (k)(1) and (k)(5)); and
    (m) Personnel Security Files and Associated Records, NRC-39 
(Exemptions (k)(1), (k)(2), and (k)(5)).

    Dated at Rockville, MD., this 1st day of December, 1995.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 95-30173 Filed 12-12-95; 8:45 am]
BILLING CODE 7590-01-P