[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Pages 74949-74953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27405]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 /
Rules and Regulations
[[Page 74949]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 25 and 95
RIN 3150-AH52
Broadening Scope of Access Authorization and Facility Security
Clearance Regulations
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is
amending its regulations to broaden the scope of the regulations
applicable to persons who may require access to classified information,
to include persons who may need access in connection with licensing and
regulatory activities under the regulations that govern the disposal of
high-level radioactive waste in geologic repositories, and persons who
may need access in connection with other activities as the Commission
may determine, such as vendors of advanced reactor designs. The
Commission is also amending its regulations to broaden the scope of the
regulations applicable to procedures for obtaining facility security
clearances, to include persons who may need to use, process, store,
reproduce, transmit, transport, or handle NRC classified information in
connection with the above-identified activities. In addition, NRC is
correcting the scope section of the regulations that govern access
authorization for licensee personnel to include certificate holders and
applicants for a certificate; clarifying the definition of ``license''
in the regulations that govern access authorization for licensee
personnel and govern facility security clearance to include a reference
to the regulations that govern combined licenses; correcting a
typographical error in the definition of ``security container'' in its
facility security regulations; and updating the references to Executive
Order 12958 which has been amended.
DATES: The final rule is effective on February 28, 2005, unless
significant adverse comments are received by January 14, 2005. A
significant adverse comment is a comment where the commenter explains
why the rule would be inappropriate, including challenges to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change. In addition, if the NRC receives substantive comments
on the information collection requirements by January 14, 2005, the
direct final rule will be withdrawn. Then, the NRC will publish a
document that withdraws the direct final rule and will address the
comments received in a final rule as a response to the companion
proposed rule published elsewhere in this issue of the Federal
Register.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AH52) in the subject line
of your comments. Comments on rulemakings submitted in writing or in
electronic form will be made available for public inspection. Because
your comments will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submission.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attn: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking Web site at http://ruleforum.llnl.gov. Address questions
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
[email protected]. Comments can also be submitted via the Federal eRulemaking
Portal http://www.regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone
(301) 415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
viewed electronically on the public computers located at the NRC's
Public Document Room (PDR), O1 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor
will copy documents for a fee. Selected documents, including comments,
may be viewed and downloaded electronically via the NRC rulemaking Web
site at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available electronically at the NRC's Electronic
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this
site, the public can gain entry into the NRC's Agencywide Document
Access and Management System (ADAMS), which provides text and image
files of NRC's public documents. If you do not have access to ADAMS or
if there are problems in accessing the documents located in ADAMS,
contact the NRC Public Document Room (PDR) Reference staff at 1-800-
397-4209, 301-415-4737 or by e-mail to [email protected].
Note: Public access to documents, including access via ADAMS and
the PDR, has been temporarily suspended so that security reviews of
publicly available documents may be performed and potentially
sensitive information removed. However, access to the documents
identified in this rule continues to be available through the
rulemaking Web site at http://ruleforum.llnl.gov, which was not
affected by the ADAMS shutdown. Please check with the listed NRC
contact concerning any issues related to document availability.
FOR FURTHER INFORMATION CONTACT: Dr. Anthony N. Tse, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6233, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
Background
NRC's regulations at 10 CFR Parts 25 and 95 govern access to and
protection of classified information by licensees or other persons who
have a need for access to this information. Part 25 contains procedures
for establishing initial and continuing eligibility for access
authorizations for individuals
[[Page 74950]]
who may require access to classified information. Part 95 contains
procedures for obtaining a facility security clearance for licensees,
certificate holders, or other persons who need to use, process, store,
reproduce, transmit, transport, or handle certain types of NRC
classified information at any location in connection with Commission-
related activities. The purpose of this rulemaking is to amend Parts 25
and 95 to: (1) Add references to 10 CFR Parts 60 and 63 in Sec. Sec.
25.5, 25.17(a) and 95.5; (2) expand the scope of Sec. Sec. 25.3 and
95.3 to include persons who may not be licensees or certificate holders
or applicants for a license or certificate; (3) clarify the definition
of ``license'' in Sec. Sec. 25.5 and 95.5 to include a reference to
Part 52; (4) correct the omission of a reference to certificate holders
in Sec. 25.3; (5) correct a typographical error in the definition of
``security container'' in Sec. 95.5; and (6) update references to
Executive Order 12958 to reflect that this Executive Order has been
amended and could be further amended in the future.
Discussion
Although 10 CFR 25.3 speaks broadly of the regulations that apply
to ``licensees and others who may require access to classified
information related to a license or an application for a license,'' in
10 CFR 25.5, ``license'' is defined to mean ``a license issued pursuant
to 10 CFR Parts 50, 70, or 72.'' Similarly, 10 CFR 95.3 states that the
regulations apply to licensees and certificate holders and others
regulated by the Commission who need access in connection with a
license or certificate or an application for a license or certificate.
However, at 10 CFR 95.5, ``license'' is defined to mean ``a license
issued pursuant to 10 CFR Parts 50, 70, or 72.'' Absent from these
provisions is any reference to the Commission's regulations that govern
the issuance of construction authorizations and licenses for disposal
of high-level radioactive waste in geologic repositories (10 CFR Part
60) or in a potential geologic repository at Yucca Mountain, Nevada (10
CFR Part 63). Parts 25 and 95 were published on March 5, 1980; 45 FR
14476, before issuance of Part 60 (February 25, 1981; 46 FR 13971) or
Part 63 (November 2, 2001; 66 FR 55732) and Parts 25 and 95 were not
amended to include these regulations. The Commission currently
anticipates receiving a license application from the U.S. Department of
Energy under the provisions of Part 63. An adjudicatory proceeding on
this license application could implicate the need for access
authorizations and facility security clearances by persons who are
admitted as parties to the proceeding. Accordingly, NRC is amending the
definition of ``license'' in Sec. Sec. 25.5 and 95.5 to include
references to licenses issued under Parts 60 and 63. For the same
reason, references to Parts 60 and 63 are added to Sec. 25.17(a).
A second restriction that presently exists in 10 CFR 25.3 and 95.3
is that the requested access authorizations or facility security
clearances must be related to a license or certificate, or an
application for a license or certificate. There may be, however,
certain Commission-related activities undertaken by entities who are
not licensees or certificate holders, or applicants for a license or
certificate where an access authorization or facility security
clearance may be needed. The NRC believes there is a need for access
authorizations and facility security clearances for vendors who are
involved in the design of advanced reactors. These vendors could need
access to classified information which would enable them to consider
potential mitigative measures for operating reactors and design
features for the various advanced reactor systems. Currently, a vendor
who is not an NRC licensee or a contractor to an NRC licensee and does
not have a facility clearance or access authorization provided by
another Government agency, is not eligible for an access authorization
or a facility security clearance under Parts 25 and 95. NRC believes
that most current vendors of advanced reactor designs are NRC licensees
or contractors to NRC licensees or holders of clearances from other
Government agencies. However, to allow for the possibility that there
could be vendors who would need to seek access authorizations and
facility security clearances through the regulations at Parts 25 and
95, the NRC is adding language to the scope sections of these parts to
allow the processing of requests for access authorization or facility
security clearances with respect to ``other activities as the
Commission may determine.'' This language could also be used to begin
the processing of such requests, in advance of NRC's receipt of a
license application under Part 63, by potential parties in an
adjudication on the application, or in circumstances when a need for
access authorization might arise in the future.
Further, the NRC is clarifying the definition of ``license'' in
Sec. Sec. 25.5 and 95.5 to include a reference to Part 52 which
contains provisions for combined licenses in Subpart C and for
manufacturing licenses in Appendix M. Although NRC's intent that access
authorizations needed in connection with activities under Part 52 be
included is evidenced by a reference to Part 52 in Sec. 25.17(a), a
similar reference to Part 52 does not appear in the definition of
``license'' in Sec. Sec. 25.5 and 95.5. The Commission is correcting
this oversight in this rulemaking.
In this rulemaking, the NRC is also correcting the omission of a
reference to certificate holders in Sec. 25.3. Although Sec. 25.5
includes a definition of ``certificate holder'' and Sec. 25.17(a)
includes activities under Part 76 that issue certificates to gaseous
diffusion plants, Sec. 25.3, unlike Sec. 95.3, does not include a
reference to certificate holders or certificates. The NRC believes this
is an oversight that is now being corrected.
In addition, the NRC is correcting a typographical error which
appears in the definition of ``security container'' in Sec. 95.5. In
the description of a ``safe'' in paragraph (2), the phrase ``at least
\1/2\ thick'' should read ``at least \1/2\ inch thick.''
Finally, NRC is amending references to Executive Order 12958 where
they appear in Parts 25 and 95 to include the phrase ``as amended.''
This reflects that Executive Order 12958 was amended on March 25, 2003
by Executive Order 13292 (68 FR 15315; March 28, 2003) and could be
further amended in the future.
Discussion of Amendment by Section
Section 25.3 Scope
The current scope limits the access to classified information to
access ``related to a license or an application for a license.'' This
scope is broadened to include persons who may need access in connection
with other activities as the Commission may determine, such as vendors
of advanced reactor designs. Thus, the phrase ``or other activities as
the Commission may determine'' is added to this section. The Commission
is also correcting an oversight by including certificate holders in
this section.
Section 25.5 Definitions
References to Parts 52, 60, and 63 are added to the definition of
``license.''
The phrase ``Executive Order 12958'' is replaced by ``Executive
Order 12958, as amended'' under definitions of ``classified national
security information'' and ``national security information.''
Section 25.17 Approval for Processing Applicants for Access
Authorizations
References to Parts 60 and 63 are added to paragraph (a).
[[Page 74951]]
Section 25.37 Violations
The phrase, ``Executive Order 12958'' is replaced by ``Executive
Order 12958, as amended'' in paragraph (b).
Section 95.3 Scope
The current scope applies to ``licensees, certificate holders and
others regulated by the Commission'' who may require access to certain
types of classified information ``in connection with a license or
certificate or an application for a license or certificate.'' The
Commission is broadening the scope of the regulations applicable to
procedures for obtaining facility security clearances, to include
persons who may need to use, process, store, reproduce, transmit,
transport, or handle NRC classified information in connection with
other activities as the Commission may determine, such as vendors of
advanced reactor designs. Thus, the phrase ``regulated by the
Commission'' is deleted and the phrase ``or other activities as the
Commission may determine'' is added.
Section 95.5 Definitions
References to Parts 52, 60, and 63 are added under the definition
of ``license.''
The phrase ``E.O. 12958'' is replaced by ``E.O. 12958, as amended''
under definitions of ``classified national security information,''
``infraction,'' and ``violation.''
The phrase ``at least \1/2\ thick'' is replaced by ``at least \1/2\
inch thick'' under the definition of ``Security container,'' paragraph
(2).
Section 95.59 Inspections
The phrase ``E.O. 12958'' is replaced by ``E.O. 12958, as
amended.''
Procedural Background
This rulemaking will become effective on February 28, 2005.
However, if the NRC receives significant adverse comments by January
14, 2005 or if the NRC receives substantive comments on information
collection requirements by January 14, 2005, then the NRC will publish
a document that withdraws the direct final rule and will address the
comments received in a final rule as a response to the companion
proposed rule published elsewhere in this issue of the Federal
Register. Absent significant modifications to the proposed revisions
requiring republication, the NRC will not initiate a second comment
period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the staff to make a change (other than
editorial) to the rule.
Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as Compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the Atomic Energy Act of
1954, as amended (AEA), or the provisions of Title 10 of the Code of
Federal Regulations. Although an Agreement State may not adopt program
elements reserved to NRC, it may wish to inform its licensees of
certain requirements via a mechanism that is consistent with the
particular State's administrative procedure laws but does not confer
regulatory authority on the State.
Plain Language
The Presidential Memorandum dated June 1, 1998, entitled, ``Plain
Language in Government Writing'' directed that the Government's writing
be in plain language. The NRC requests comments on this direct final
rule specifically with respect to the clarity and effectiveness of the
language used. Comments should be sent to the address listed under the
heading ADDRESSES above.
Voluntary Consensus Standards
The National Technology Transfer Act of 1995 (Pub. L. 104-113)
requires that Federal agencies use technical standards that are
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is inconsistent with applicable law or otherwise
impractical. In this direct final rule, the NRC broadens the scope of
Parts 25 and 95 by adding references to Parts 60 and 63 and by
including language in the scope sections which will enable NRC to
consider access authorizations and facility security clearance for
persons who are not licensees or certificate holders or applicants for
a license or certificate. This action does not constitute the
establishment of a standard that establishes generally applicable
requirements.
Environmental Impact: Categorical Exclusion
The NRC has determined that this direct final 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 direct final rule.
Paperwork Reduction Act Statement
This direct final rule contains amended information collection
requirements that are subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq). This rule has been submitted to the Office of
Management and Budget for review and approval of the information
collection requirements.
Type of submission, new or revision: Revision.
The title of the information collection: 10 CFR Part 25--Access
Authorization for Licensee Personnel; 10 CFR Part 95--Facility Security
Clearance and Safeguarding of National Security Information and
Restricted Data.
The form number if applicable: Not applicable.
How often the collection is required: On occasion.
Who will be required or asked to report: Persons who may need
access in connection with licensing and regulatory activities under 10
CFR Parts 60 and 63 for the disposal of high-level radioactive waste in
geologic repositories and in connection with other activities as the
Commission may determine, such as vendors of advanced reactor designs.
An estimate of the number of annual responses: 688 (Part 25: 572;
Part 95:116).
The estimated number of respondents (one time): 34 (Part 25: 28;
Part 95: 6).
An estimate of the total number of hours needed annually to
complete the requirement or request: 485 (Part 25: 150; Part 95: 335).
[[Page 74952]]
Abstract: The NRC is broadening the scope of its regulations
applicable to persons who may require access to classified information
to include persons who may need access in connection with licensing and
regulatory activities under 10 CFR Parts 60 and 63 for the disposal of
high-level radioactive waste in geologic repositories, and persons who
may need access in connection with other activities as the Commission
may determine, such as vendors of advanced reactor designs. The
Commission is also broadening the scope of its regulations applicable
to procedures for obtaining facility security clearances to include
persons who may need to use, process, store, reproduce, transmit,
transport, or handle NRC classified information in connection with the
above-identified activities.
The U.S. Nuclear Regulatory Commission is seeking public comment on
the potential impact of the information collections contained in this
direct final rule and on the following issues:
1. Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
2. Is the estimate of burden accurate?
3. Is there a way to enhance the quality, utility, and clarity of
the information to be collected?
4. How can the burden of the information collection be minimized,
including the use of automated collection techniques?
A copy of the OMB clearance package may be viewed free of charge at
the NRC Public Document Room, One White Flint North, 11555 Rockville
Pike, Room O-1 F21, Rockville, MD 20852. The OMB clearance package and
rule are available at the NRC worldwide Web site: http://www.nrc.gov/public-involve/doc-comment/omb/index.html for 60 days after the
signature date of this notice and are also available at the rule forum
site, http://ruleforum.llnl.gov.
Send comments on any aspect of these proposed information
collections, including suggestions for reducing the burden and on the
above issues, by January 14, 2005 to the Records and FOIA/Privacy
Services Branch (T-5 F52), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, or by Internet electronic mail to
[email protected] and to the Desk Officer, John A. Asalone, Office
of Information and Regulatory Affairs, NEOB-10202, (3150-0046 and 3150-
0047), Office of Management and Budget, Washington, DC 20503. Comments
received after this date will be considered if it is practical to do
so, but assurance of consideration cannot be given to comments received
after this date. You may also e-mail comments to [email protected] or comment by telephone at (202) 395-4650.
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 direct final
rule because this rule is considered minor and not a substantial
amendment; it has no economic impact on NRC licensees or the public.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule does not have a
significant economic impact on a substantial number of small entities.
This rule merely makes procedures available to individuals and entities
for obtaining access authorizations and facility security clearances in
connection with licensing activities under Parts 60 and 63 or with
other activities as the Commission may determine, corrects the omission
of a reference to Part 52 in the definition of ``license'' in Parts 25
and 95, corrects the omission of a reference to certificate holders in
Part 25, updates references to Executive Order 12958, and clarifies a
dimension used to describe a security container.
Backfit Analysis
The NRC has determined that the backfit rule (Sec. Sec. 50.109,
70.76, 72.62, or 76.76) does not apply to this direct final rule
because this amendment does not involve any provisions that would
impose backfits as defined in the backfit rule. Therefore, a backfit
analysis is not required.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
List of Subjects
10 CFR Part 25
Classified information, Criminal penalties, Investigations,
Reporting and recordkeeping requirements, Security measures.
10 CFR Part 95
Classified information, Criminal penalties, Reporting and
recordkeeping 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 parts 25 and 95.
PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL
0
1. The authority citation for part 25 is revised to read as follows:
Authority: Secs. 145, 161, 68 Stat. 942, 948, as amended (42
U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O. 10865,
as amended, 3 CFR 1959-1963 Comp., p. 398 (50 U.S.C. 401, note);
E.O. 12829, 3 CFR, 1993 Comp., p.570; E.O. 12958, 3 CFR, 1995 Comp.,
p. 333, as amended by E. O. 13292, 3 CFR, 2004 Comp., p.196; E.O.
12968, 3 CFR, 1995 Comp, p. 396.
Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).
0
2. Section 25.3 is revised to read as follows:
Sec. 25.3 Scope.
The regulations in this part apply to licensees, certificate
holders, and others who may require access to classified information
related to a license, certificate, an application for a license or
certificate, or other activities as the Commission may determine.
0
3. In Sec. 25.5, the definitions of Classified National Security
Information, License, and National Security Information are revised to
read as follows:
Sec. 25.5 Definitions.
* * * * *
Classified National Security Information means information that has
been determined pursuant to E.O. 12958, as amended, or any predecessor
order to require protection against unauthorized disclosure and that is
so designated.
* * * * *
License means a license issued under 10 CFR parts 50, 52, 60, 63,
70, or 72.
* * * * *
National Security Information means information that has been
determined
[[Page 74953]]
under Executive Order 12958, as amended, or any predecessor order to
require protection against unauthorized disclosure and that is so
designated.
* * * * *
0
4. In Sec. 25.17, paragraph (a) is revised to read as follows:
Sec. 25.17 Approval for processing applicants for access
authorization.
(a) Access authorizations must be requested for licensee employees
or other persons (e.g., 10 CFR part 2, subpart I) who need access to
classified information in connection with activities under 10 CFR Parts
50, 52, 54, 60, 63, 70, 72, or 76.
* * * * *
0
5. In Sec. 25.37, paragraph (b) is revised to read as follows:
Sec. 25.37 Violations.
* * * * *
(b) National Security Information is protected under the
requirements and sanctions of Executive Order 12958, as amended.
PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL
SECURITY INFORMATION AND RESTRICTED DATA
0
6. The authority for part 95 is revised 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); E.O.
10865, as amended, 3 CFR 1959-1963 Comp., p. 398 (50 U.S.C. 401,
note); E.O. 12829, 3 CFR, 1993 Comp., p.570; E.O. 12958, as amended,
3 CFR, 1995 Comp., p.333, as amended by E. O. 13292, 3 CFR, 2004
Comp., p.196; E.O. 12968, 3 CFR, 1995 Comp., P. 391.
0
7. Section 95.3 is revised to read as follows:
Sec. 95.3 Scope.
The regulations in this part apply to licensees, certificate
holders and others who may require access to classified National
Security Information and/or Restricted Data and/or Formerly Restricted
Data (FRD) that is used, processed, stored, reproduced, transmitted,
transported, or handled in connection with a license or certificate or
an application for a license or certificate, or other activities as the
Commission may determine.
0
8. In Sec. 95.5, the definitions of License and paragraph (2) of
Security container are revised to read as follows:
Sec. 95.5 Definitions.
* * * * *
License means a license issued pursuant to 10 CFR parts 50, 52, 60,
63, 70, or 72.
* * * * *
Security container includes any of the following repositories:
* * * * *
(2) A safe--burglar-resistive cabinet or chest which bears a label
of the Underwriters' Laboratories, Inc., certifying the unit to be a
TL-15, TL-30, or TRTL-30, and has a body fabricated of not less than 1
inch of steel and a door fabricated of not less than 1\1/2\ inches of
steel exclusive of the combination lock and bolt work; or bears a Test
Certification Label on the inside of the door, or is marked ``General
Services Administration Approved Security Container'' and has a body of
steel at least \1/2\ inch thick, and a combination locked steel door at
least 1 inch thick, exclusive of bolt work and locking devices; and an
automatic unit locking mechanism.
* * * * *
0
9. Section 95.59 is revised to read as follows:
Sec. 95.59 Inspections.
The Commission shall make inspections and reviews of the premises,
activities, records and procedures of any person subject to the
regulations in this part as the Commission and CSA deem necessary to
effect the purposes of the Act, E.O. 12958, as amended, and/or NRC
rules.
Dated at Rockville, Maryland, this 30th day of November, 2004.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 04-27405 Filed 12-14-04; 8:45 am]
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