[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Rules and Regulations]
[Page 8921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3489]



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  Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / 
Rules and Regulations  

[[Page 8921]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 25 and 95

RIN 3150-AH52


Broadening Scope of Access Authorization and Facility Security 
Clearance Regulations: Withdrawal of Direct Final Rule

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a 
direct final rule that would have broadened the scope of the 
regulations to include persons who may need access to classified 
information 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 to classified information in connection with other activities as 
the Commission may determine, such as vendors of advanced reactor 
designs. In addition, this direct final rule would have broadened the 
scope of the regulations applicable to procedures for obtaining 
facility security clearances. The NRC is withdrawing this direct final 
rule because it has received significant adverse comments in response 
to an identical proposed rule which was published concurrently with the 
direct final rule.

FOR FURTHER INFORMATION CONTACT: Dr. Anthony N. Tse, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone (301) 415-6233 (e-mail [email protected]).

SUPPLEMENTARY INFORMATION: On December 15, 2004 (69 FR 74949), the NRC 
published in the Federal Register a direct final rule that would have 
amended NRC's regulations to broaden the scope of the regulations (10 
CFR Part 25) 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. This direct final rule would also have broadened the scope of 
the regulations applicable to procedures for obtaining facility 
security clearances (10 CFR Part 95). The direct final rule was to 
become effective on February 28, 2005. The NRC concurrently published 
an identical proposed rule on December 15, 2004 (69 FR 75007).
    In the direct final rule, NRC stated that if any significant 
adverse comments were received, a notice of timely withdrawal of the 
direct final rule would be published in the Federal Register. As a 
result, the direct final rule would not take effect.
    The NRC received significant adverse comments on the direct final 
rule; therefore, the NRC is withdrawing the direct final rule. As 
stated in the December 15, 2004, direct final rule, NRC will address 
the comments received on the companion proposed rule in a subsequent 
final rule. The NRC will not initiate a second comment period on this 
action.

    Dated at Rockville, Maryland, this 17th day of February, 2005.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-3489 Filed 2-23-05; 8:45 am]
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