[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Rules and Regulations]
[Pages 41221-41222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17583]



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  Federal Register / Vol. 68, No. 133 / Friday, July 11, 2003 / Rules 
and Regulations  

[[Page 41221]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 95

[3150-AH17]


Facility Security Clearance and Safeguarding of National Security 
Information and Restricted Data--Minor Changes

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to reflect organizational changes resulting from the 
creation of the Office of Nuclear Security and Incident Response, to 
correct a minor error, and to change the example of the derivative 
classification stamp.

EFFECTIVE DATE: July 11, 2003.

FOR FURTHER INFORMATION CONTACT: J. Keith Everly, Information Security 
Section, Division of Nuclear Security, Office of Nuclear Security and 
Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-7048.

SUPPLEMENTARY INFORMATION: The events of September 11, 2001, 
highlighted the need to examine the way NRC was organized to carry out 
its safeguards, security, and incident response function. After a 
review of its organizational structure, the NRC, effective on April 7, 
2002, added a new Office of Nuclear Security and Incident Response 
(NSIR) to its organization. As part of the creation of this new office, 
NRC's Information Security Section, which was part of the Division of 
Facilities and Security, Office of Administration, was moved to the 
Division of Nuclear Security, NSIR. This section receives all 
communications and reports concerning the regulations in 10 CFR part 
95, ``Facility Security Clearance and Safeguarding of National Security 
Information and Restricted Data.'' Therefore, the regulations in this 
part were changed to reflect the transfer of the Information Security 
Section to NSIR. Accordingly, in relevant sections of part 95, the 
organization identification of ``Facilities and Security, Office of 
Administration'' has been changed to ``Nuclear Security, Office of 
Nuclear Security and Incident Response.''
    In addition, the final rule corrects the first sentence of 10 CFR 
95.1 by removing the words ``security facility approval'' and adding in 
their place the words ``facility security clearance.''
    This final rule also amends the example of the derivative 
classification stamp in paragraph (c)(1)(iii) of 10 CFR 95.37, 
``Classification and preparation of documents,'' for derivative 
classification of classified National Security Information regarding 
the Originating Agency's Determination Required (OADR) declassification 
instruction. In accordance with Executive Order 12958, ``Classified 
National Security Information,'' as implemented in 32 CFR part 2001, 
OADR is no longer used on newly generated documents as of October 16, 
1995. Additionally, documents generated under previous executive orders 
do not have to be remarked. The derivative classification stamp 
includes instructions for declassification.
    Because these amendments deal solely with NRC organization, 
procedure, or practice, the notice and comment provisions of the 
Administrative Procedure Act do not apply under 5 U.S.C. 553 (b)(A). In 
addition, good cause exists pursuant to 5 U.S.C. 553(d) to dispense 
with the usual 30-day delay in the effective date, because these 
amendments are of a minor nature, dealing with the organization and 
procedures of the NRC. Therefore, these amendments are effective upon 
publication in the Federal Register.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22 (c)(2). 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 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, approval number 3150-0047.

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.

Regulatory Analysis

    A regulatory analysis has not been prepared for this final rule 
because this rule is administrative in that it amends the regulations 
to reflect organizational changes. These are considered minor non-
substantive amendments and will not have a significant impact on NRC 
licensees or the public.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
final rule because this rule does not involve any provisions that would 
impose a backfit as defined in 10 CFR Chapter 1. Therefore a backfit 
analysis is not required for this rule.

List of Subjects in 10 CFR Part 95

    Classified information, Criminal penalties, Reporting and record 
keeping requirements, Security measures.

0
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 95.

PART 95---FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA

0
1. The authority citation for part 95 continues to read as follows:

    Authority: Secs. 145, 161, 193, 68 Stat. 942, 948, as amended 
(42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 
U.S.C. 5841); E.O. 10865, as amended, 3 CFR 1959-1963 COMP., p. 398 
(50 U.S.C. 401,

[[Page 41222]]

note); E.O. 12829, 3 CFR 1993 Comp., p.570; E.O. 12958, as amended, 
3 CFR, 1995 Comp., p.333; E.O. 12968, 3 CFR 1995 Comp., p. 391.

Sec.  95.1  [Amended]

0
2. In Sec.  95.1, in the first sentence, remove the words ``security 
facility approval,'' and add in their place the words ``facility 
security clearance.''


Sec.  95.9  [Amended]

0
3. In Sec.  95.9, remove the words ``Facilities and'' and add in their 
place the word ``Nuclear.''


Sec.  95.19  [Amended]

0
4. In Sec.  95.19, the introductory text of paragraph (a), in the 
second sentence, remove the words `` Facilities and Security, Office of 
Administration'' and add in their place the words ``Nuclear Security, 
Office of Nuclear Security and Incident Response.'' In the third 
sentence, remove the words ``Facilities and,'' and add in their place 
the word ``Nuclear,'' and in paragraph (c), remove the words 
``Facilities and'' and add in their place the word ``Nuclear.''


Sec.  95.20  [Amended]

0
5. In Sec.  95.20, in the first sentence, remove the words ``Facilities 
and'' and add in their place the word ``Nuclear.''


Sec.  95.21  [Amended]

0
6. In Sec.  95.21, in the first sentence, remove the words ``Facilities 
and'' and add in their place the word ``Nuclear.''


Sec.  95.36  [Amended]

0
7. In Sec.  95.36, in paragraph (a), in the first sentence, remove the 
words ``Facilities and'' and add in their place the word ``Nuclear.'' 
In paragraph (c), in the first sentence, remove the words ``Facilities 
and'' and add in their place the word ``Nuclear,'' and in paragraph 
(d), in the third and fourth sentences, remove the words ``Facilities 
and'' and add in their place the word ``Nuclear.''

0
8. In Sec.  95.37, paragraph (c)(1)(iii) is revised to read as follows:


Sec.  95.37  Classification and preparation of documents.

    (c) * * *
    (1) * * *
    (iii) An example of the marking stamp is as follows:

 Derived from----------------------------------------------------------
 (Source/Date)

 Reason:---------------------------------------------------------------

 Declassify On:--------------------------------------------------------

 (Date/Event/Exemption)

 Classifier:-----------------------------------------------------------
 (Name/Title/Number)
* * * * *


Sec.  95.45  [Amended]

0
9. In Sec.  95.45, in paragraph (a), in the second sentence, remove the 
words ``Facilities and Security, Office of Administration,'' and add in 
their place the words ``Nuclear Security, Office of Nuclear Security 
and Incident Response,'' and in the third sentence, remove the words 
``Facilities and'' and add in their place the word ``Nuclear.''


Sec.  95.53  [Amended]

0
10. In Sec.  95.53, in the third sentence, remove the words 
``Facilities and'' and add in their place the word ``Nuclear.''


Sec.  95.57  [Amended]

0
11. In Sec.  95.57, paragraph (c), in the first sentence, remove the 
words ``Facilities and'' and add in their place the word ``Nuclear,'' 
and in the third sentence, remove the words ``Facilities and'' and add 
in their place the word ``Nuclear.''

    Dated at Rockville, Maryland, this 25th day of June 2003.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 03-17583 Filed 7-10-03; 8:45 am]
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