[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Proposed Rules]
[Pages 75007-75009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27406]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / 
Proposed Rules  

[[Page 75007]]



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: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is 
proposing to amend 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 proposing to amend 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 proposing to correct the scope section 
of the regulations that govern access authorization for licensee 
personnel to include certificate holders and applicants for a 
certificate; to clarify 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; to correct a typographical 
error in the definition of ``security container'' in its facility 
security regulations; and to update the references to Executive Order 
12958 which has been amended.

DATES: Comments on the proposed rule must be received on or before 
January 14, 2005.

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 website 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 am and 4:15 pm 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: For additional information see the Direct 
Final Rule published in the final rules section of this Federal 
Register.

Procedural Background

    Because NRC considers this action noncontroversial and routine, we 
are publishing this proposed rule concurrently as a direct final rule. 
The direct final rule will become effective on February 28, 2005. 
However, if the NRC receives significant adverse comments on the 
proposed rule 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 to withdraw the direct final rule. 
If the direct final rule is withdrawn, the NRC will address the 
comments received in response to the proposed revisions in a subsequent 
final rule. Absent significant modifications to the proposed revisions 
requiring republication, the NRC will not initiate a second comment 
period for this action if the direct final rule is withdrawn.
    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

[[Page 75008]]

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.

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.

    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; the NRC is proposing to 
adopt the following amendments to 10 CFR Parts 25 and 95.

PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL

    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).

    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.
    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 under Executive Order 12958, as amended, or any predecessor 
order to require protection against unauthorized disclosure and that is 
so designated.
* * * * *
    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.
* * * * *
    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

    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.

    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.
    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.
* * * * *
    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.

[[Page 75009]]

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 04-27406 Filed 12-14-04; 8:45 am]
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