[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Notices]
[Pages 56974-56975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28373]


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NUCLEAR REGULATORY COMMISSION

NRC Requirements Regarding Mandatory Review for Declassification

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice announcing updates to NRC's Mandatory Review for 
Declassification requirements.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is updating its 
requirements regarding Mandatory Review for Declassification Pursuant 
to Section 3.6 of Executive Order (E.O.) 12958, ``Classified National 
Security Information.'' This action is necessary to inform the public 
of these updates. This notice also presents instructions for submitting 
suggestions or questions regarding NRC's information security program.

FOR FURTHER INFORMATION CONTACT: A. Lynn Silvious, Chief, Information 
Security Branch, Division of Security, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone: 
(301) 415-2214.

SUPPLEMENTARY INFORMATION: Pursuant to E.O. 12958 published April 20, 
1995 (60 FR 12925) and its implementing directive, the NRC is updating 
its mandatory review for declassification to read as follows:

I. Mandatory Review for Declassification Requirements

    A. NRC information classified under E.O. 12958 or predecessor 
orders shall be subject to a mandatory review for declassification by 
NRC, whenever:
    1. The request is made by a United States citizen, permanent 
resident alien, Federal, State, or local government;

[[Page 56975]]

    2. The information is not exempted from search and review under the 
Central Intelligence Agency Information Act;
    3. The information has not been reviewed for declassification 
within the past 2 years; and
    4. The request describes the document or material containing the 
information with sufficient specificity to enable NRC to locate it with 
a reasonable amount of effort.
    B. Any person desiring a mandatory review for declassification of 
NRC documents containing classified information should address these 
requests to the Director, Division of Security, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. Requests need not be made on any 
special form, nor does the requested information have to be identified 
by date or title, but shall, as specified in the E.O., describe the 
information with sufficient specificity to enable NRC to locate the 
records containing the requested information with a reasonable amount 
of effort.
    C. The Director, Division of Security, will acknowledge receipt of 
the request and initiate action to obtain the requested information.
    D. Responses to mandatory declassification review requests shall be 
governed by the amount of time required to process the request.
    1. A prompt declassification determination will be made and the 
requester notified accordingly. If a prompt declassification 
determination cannot be made, the Director, Division of Security, will 
advise the requester of the additional time needed to process the 
request.
    2. A final determination shall be made on each request within 180 
days from the date of receipt, except in unusual circumstances, in 
which case the Director, Division of Security, will advise the 
requester of the additional time required.
    3. If the NRC has reviewed the information within the past 2 years, 
or the information is subject of pending litigation, NRC shall inform 
the requester of this fact and of the requester's appeal rights.
    E. When information cannot be declassified in its entirety, effort 
will be made to release, consistent with other applicable law, those 
declassified portions of the requested information that constitute a 
coherent segment.
    F. Upon the denial of an initial request, the Director, Division of 
Security, will notify the requester of his/her rights to appeal the 
denial to the Executive Director for Operations (EDO). The appeal shall 
be in writing, addressed to the EDO, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, and shall specify why the 
requester believes the information or material does not warrant 
classification. This appeal must be filed within 60 days of receipt of 
the denial.
    G. The EDO will normally render a decision on the matter within 60 
working days following receipt of the appeal. The EDO will notify the 
requester in writing of the final decision and of the reason(s) for any 
denial. If additional time is required in rendering a decision, the EDO 
will notify the requester of the additional time needed and the reason 
for the extension. If the appeal has been denied, the EDO shall notify 
the requester in writing of the right to appeal the final NRC decision 
to the Interagency Security Classification Appeals Panel (ISCAP). The 
rules and procedures for bringing mandatory declassification appeals 
before the ISCAP are published in the March 15, 1996; 61 FR 10854, 
Federal Register. The appeal to the ISCAP must be filed within 60 days 
of:
    1. The date of the final NRC decision;
    2. The NRC's failure to notify requester of the status of the 
classification challenge within 120 days of its filing; or
    3. The NRC's failure to notify requester of the status of the 
appeal within 90 days of the filing of the appeal.
    H. If the ISCAP reverses a final NRC decision, NRC may petition the 
President within 60 days of receipt of an ISCAP decision through the 
Assistant to the President for National Security Affairs to overrule 
the decision of the ISCAP.
    I. If the NRC receives a mandatory review request for 
declassification of records in its possession that were originated by 
another agency, the NRC shall forward the request, a copy of the 
records requested and its recommendation for action to that agency for 
processing in accordance with that agency's mandatory review 
procedures. In those instances where the originating agency does not 
want their identity disclosed or the existence or nonexistence of the 
requested information is itself classifiable under the provisions of 
the E.O., NRC will advise the requester accordingly.
    J. Except as provided in Paragraphs 1, 2, and 3 below, a mandatory 
review for declassification request for classified records in NRC's 
possession which contain foreign government information shall be 
processed in accordance with the provisions of this section.
    1. If the NRC initially received or classified the foreign 
government information, the NRC shall be responsible for making a 
declassification determination after consultation with concerned 
governments/agencies.
    2. If the NRC did not initially receive or classify the foreign 
government information, the NRC shall refer the request to the agency 
that received or classified the foreign government information for 
appropriate action.
    3. Consultation with the foreign originator through appropriate 
channels may be necessary before final action on the request.
    K. If the NRC receives a mandatory review request for 
declassification of records in its possession that pertain to 
cryptologic information or information concerning intelligence 
activities (including special activities) or intelligence sources or 
methods, it shall be processed solely in accordance with special 
procedures issued by the Secretary of Defense and the Director of 
Central Intelligence, respectively.
    L. Charges for services (e.g., locating and reproducing copies of 
records) will be made, when deemed applicable, in accordance with NRC 
regulations and will be consistent with charges for information 
requested under section 9701 of title 31, United States Code and the 
NRC's regulations implementing the Freedom of Information Act (10 CFR 
9.35--Duplication Fees), or the Privacy Act (10 CFR 9.85--Fees).

II. Instructions for Submitting Suggestions or Questions Regarding 
NRC's Information Security Program

    Requirements regarding the NRC's Information Security Program are 
contained in NRC Management Directive 12, ``Security.'' Copies of 
individual sections of Management Directive 12 are available for review 
and copying for a fee, at the NRC'S Public Document Room, 2120 L 
Street, NW, Lower Level, Washington, DC 20555-0001. Suggestions or 
questions regarding NRC's Information Security Program should be 
submitted in writing to the U.S. Nuclear Regulatory Commission, 
Director, Division of Security, Washington, DC 20555-0001.

    Dated at Rockville, Maryland, this 28th day of October 1996.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-28373 Filed 11-4-96; 8:45 am]
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