Broadening Scope of Access Authorization and Facility Security Clearance Regulations, 32224-32228 [05-10933]

Download as PDF 32224 Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations [FR Doc. 05–10928 Filed 6–1–05; 8:45 am] Background BILLING CODE 3410–10–C 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 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 §§ 25.5, 25.17(a) and 95.5; (2) expand the scope of §§ 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 §§ 25.5 and 95.5 to include a reference to Part 52; (4) correct the omission of a reference to certificate holders in § 25.3; (5) correct a typographical error in the definition of ‘‘security container’’ in § 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. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 25 and 95 RIN 3150–AH52 Broadening Scope of Access Authorization and Facility Security Clearance Regulations Nuclear Regulatory Commission. ACTION: Final rule. AGENCY: 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 July 5, 2005. 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 ant@nrc.gov. SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 15:00 Jun 01, 2005 Jkt 205001 Direct Final Rule and Companion Proposed Rule 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 in 10 CFR Parts 25 and 95. The direct final rule was to become effective on February 28, 2005. The NRC concurrently published a companion 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. NRC received one public comment letter consisting of at least one significant adverse comment on the direct final rule; therefore, NRC withdrew the direct final rule on February 24, 2005 (70 FR 8921). NRC is addressing the comments received on the companion proposed rule in this final rule. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 plan to participate in the proceeding. Accordingly, NRC is amending the definition of ‘‘license’’ in §§ 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 § 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. However, there may be 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 E:\FR\FM\02JNR1.SGM 02JNR1 Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations 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 §§ 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 § 25.17(a), a similar reference to Part 52 does not appear in the definition of ‘‘license’’ in §§ 25.5 and 95.5. The Commission is correcting this oversight. The NRC is also correcting the omission of a reference to certificate holders in § 25.3. Although § 25.5 includes a definition of ‘‘certificate holder’’ and § 25.17(a) includes activities under Part 76 that issue certificates to gaseous diffusion plants, § 25.3, unlike § 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 § 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 VerDate jul<14>2003 15:00 Jun 01, 2005 Jkt 205001 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. Response to Public Comments The NRC received one public comment letter from a group of seven national environmental and public interest organizations. A summary of the comments contained in this letter and NRC’s responses are presented below. Comment 1: The commenters expressed concern that the direct final rule did not make clear that public intervenors, such as environmental and public interest organizations that plan on taking part in the Yucca Mountain licensing proceeding, would be granted access authorizations and security clearances. Response: An adjudicatory proceeding on DOE’s anticipated application for a license under the provisions of 10 CFR Part 63 may necessitate access authorizations and facility security clearances by persons who plan to participate in the proceeding. An access authorization is a necessary prerequisite for access to classified information as that term is defined in 10 CFR Part 25. The intent of this rulemaking is to broaden the scope of the regulations in Parts 25 and 95 so that potential intervenors, such as the environmental and public interest organization commenters, can seek access authorizations and facility security clearances in accordance with the existing requirements in these parts. Part 25 establishes the procedures for authorizing access to classified information. Prior to this rulemaking, 10 CFR 25.3 stated that Part 25 applies ‘‘to licensees and others who may require access to classified information related to a license or an application for a license.’’ However, the term ‘‘license’’ for the purposes of Part 25 was defined to mean ‘‘a license issued pursuant to 10 CFR Parts 50, 70, or 72.’’ See 10 CFR 25.5 (2004). Similarly, the former regulations provided that security clearances for access to classified information ‘‘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, 70, 72, or 76.’’ See 10 CFR 25.17(a) (2004). NRC would issue any license for the proposed repository at Yucca Mountain under the regulations at 10 CFR Part 63. Thus, the scope of the Part 25 and 95 regulations needed to be revised to include PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 32225 references to Part 63 to make it possible for those who plan to participate in the adjudicatory proceeding on DOE’s license application to seek access authorizations and facility security clearances. This is accomplished in this rulemaking. Comment 2: The commenters sought clarification as to how broadly or narrowly NRC will apply ‘‘need-toknow’’ limitations upon potential intervenors in the proceeding, such as environmental and public interest organizations. Response: A person with an access authorization must establish a ‘‘need-toknow’’ the particular information being sought before such information can be provided by the holder of the information. ‘‘Need-to-know’’ is defined in 10 CFR Part 25 to mean ‘‘a determination by an authorized holder of classified information that a prospective recipient requires access to a specific classified information to perform or assist in a lawful and authorized governmental function under the cognizance of the Commission.’’ See 10 CFR 25.5. A ‘‘need-to-know’’ determination could be made by the holder of the information in the cognizant NRC office responsible for the specific information being sought or, once an adjudicatory proceeding using the special procedures of 10 CFR Part 2, Subpart I, is commenced, by the presiding officer or the Commission. Comment 3: The commenters also expressed concern that any proposed rule changes, including the direct final rule, not be used by NRC or any other federal agencies involved in the Yucca Mountain licensing proceeding (such as DOE) to inappropriately restrict access to documents by improperly classifying documents vital to intervenors’ contentions against the proposed repository. Response: This rulemaking does not affect how information is classified and does not expand the scope of information that can only be obtained by those with access authorizations. NRC cognizant information is classified under either the provisions of Executive Order 12958, as amended, for National Security Information, or the Atomic Energy Act of 1954, as amended, for Restricted Data. Section 1.7(a)(4) of Executive Order 12958, as amended, states: ‘‘In no case shall information be classified in order to: * * * (4) prevent or delay the release of information that does not require protection in the interest of national security.’’ Comment 4: The commenters sought clarification as to which categories of information, as well as specific documentation, NRC and other federal E:\FR\FM\02JNR1.SGM 02JNR1 32226 Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations agencies involved in the Yucca Mountain licensing proceeding plan on declaring ‘‘classified.’’ Although NRC’s direct final rule refers only to ‘‘classified information,’’ they questioned if NRC intends to effectively also include ‘‘sensitive’’ and ‘‘safeguards’’ information. They urged that this point be clarified, and that comprehensive definitions for ‘‘sensitive’’ and ‘‘safeguards’’ be given. Response: As stated in response to Comment 3, this rulemaking does not affect how information is classified. Questions concerning the classification of ‘‘sensitive’’ or ‘‘safeguards’’ information, or access to such information, are beyond the scope of this rulemaking. After considering the public comments, NRC has determined to adopt the amendments contained in the proposed rule without change, as explained in the following section. Discussion of Amendments by Section Section 25.3 Scope. This section currently 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 such 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). Section 25.37 Violations. The phrase, ‘‘Executive Order 12958’’ is replaced by ‘‘Executive Order 12958, as amended’’ in paragraph (b). Section 95.3 Scope. This section currently 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 VerDate jul<14>2003 15:00 Jun 01, 2005 Jkt 205001 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 types of 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.’’ 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. 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 final rule, the NRC broadens the scope of Parts 25 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 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 final rule. Paperwork Reduction Act Statement This final rule contains new or amended information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These requirements were approved by the Office of Management and Budget, approval numbers 3150–0046 and 3150–0047. The burden to the public for these information collections is estimated to average 1.4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection. Send comments on any aspect of these information collections, including suggestions for reducing the burden, to the Records and FOIA/Privacy Services Branch (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, or by Internet electronic mail to INFOCOLLECTS@nrc.gov; and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB–10202, (3150–0046 and 3150–0047), Office of Management and Budget, Washington, DC 20503. 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 considered minor and not a substantial amendment; it has no E:\FR\FM\02JNR1.SGM 02JNR1 Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations economic impact on NRC licensees or the public. PART 25—ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL I Regulatory Flexibility Certification I 1. The authority citation for part 25 is revised to read as follows: § 25.37 32227 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 (§§ 50.109, 70.76, 72.62, or 76.76) does not apply to this 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. 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. I VerDate jul<14>2003 15:00 Jun 01, 2005 Jkt 205001 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, 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. 396. Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701). 2. Section 25.3 is revised to read as follows: I § 25.3 Scope. 5. In § 25.37, paragraph (b) is revised to read as follows: 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: I 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. 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. I 3. In § 25.5, the definitions of I 7. Section 95.3 is revised to read as Classified National Security Information, follows: License, and National Security § 95.3 Scope. Information are revised to read as follows: The regulations in this part apply to licensees, certificate holders and others § 25.5 Definitions. who may require access to classified * * * * * National Security Information and/or Classified National Security Information means information that has Restricted Data and/or Formerly Restricted Data (FRD) that is used, been determined pursuant to E.O. processed, stored, reproduced, 12958, as amended, or any predecessor transmitted, transported, or handled in order to require protection against connection with a license or certificate unauthorized disclosure and that is so or an application for a license or designated. certificate, or other activities as the * * * * * Commission may determine. License means a license issued I 8. In § 95.5, the definitions of pursuant to 10 CFR parts 50, 52, 60, 63, Classified National Security Information, 70, or 72. infraction, License, paragraph (2) of * * * * * Security container, and violation are National Security Information means revised to read as follows: information that has been determined pursuant to Executive Order 12958, as § 95.5 Definitions. amended, or any predecessor order to * * * * * require protection against unauthorized Classified National Security disclosure and that is so designated. Information means information that has * * * * * been determined pursuant to E.O. I 4. In § 25.17, paragraph (a) is revised 12958, as amended, or any predecessor to read as follows: order to require protection against § 25.17 Approval for processing applicants unauthorized disclosure and that is so designated. for access authorization. * * * * * (a) Access authorizations must be Infraction means any knowing, requested for licensee employees or willful, or negligent action contrary to other persons (e.g., 10 CFR part 2, the requirements of E.O. 12958, as subpart I) who need access to classified amended, or its implementing information in connection with activities under 10 CFR parts 50, 52, 54, directives, that does not comprise a ‘‘violation,’’ as defined in this section. 60, 63, 70, 72, or 76. * * * * * * * * * * PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1 32228 Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations 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 11⁄2 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. * * * * * Violation means any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information or any knowing, willful, or negligent action to classify or continue the classification of information contrary to the requirements of E.O. 12958, as amended, or its implementing directives. 9. Section 95.59 is revised to read as follows: I § 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 19th day of May, 2005. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. 05–10933 Filed 6–1–05; 8:45 am] BILLING CODE 7590–01–P VerDate jul<14>2003 15:00 Jun 01, 2005 Jkt 205001 DEPARTMENT OF THE TREASURY Office of Thrift Supervision 12 CFR Part 568 [No. 2005–17] RIN 1550–AB87 Proper Disposal of Consumer Information Under the Fair and Accurate Credit Transactions Act of 2003 Office of Thrift Supervision (OTS), Treasury. ACTION: Final rule; technical amendment. AGENCY: SUMMARY: OTS is making a technical amendment to its Security Procedures rule to ensure that an amendment to that rule published December 28, 2004, and scheduled to take effect July 1, 2005, does not supersede an amendment to that rule that was published and took effect March 29, 2005. DATES: Effective July 1, 2005. FOR FURTHER INFORMATION CONTACT: Richard Bennett, Counsel, Regulations and Legislation Division, (202) 906– 7409. SUPPLEMENTARY INFORMATION: I. Introduction On December 28, 2004, OTS, along with the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation (the Agencies), published in the Federal Register a final rule entitled ‘‘Proper Disposal of Consumer Information Under the Fair and Accurate Credit Transactions Act of 2003’’ (69 FR 77610), implementing section 216 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). That rule included conforming amendments to OTS’s Security Procedures rule in § 568.5 of Title 12 of the Code of Federal Regulations. These conforming amendments reflected the change to the title of Appendix B to part 570 of Title 12 from ‘‘Interagency Guidelines Establishing Standards for Safety and Soundness’’ to ‘‘Interagency Guidelines Establishing Standards for Safeguarding Customer Information’’ (Security Guidelines) and the expansion of the legal basis for the Security Guidelines with the implementation of section 216 of the FACT Act. These changes become effective on July 1, 2005. On March 29, 2005, the Agencies published in the Federal Register (70 FR 15736) interpretive guidance and an OTS final rule entitled ‘‘Interagency Guidance on Response Programs for PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Unauthorized Access to Customer Information and Customer Notice.’’ OTS codified its interpretive guidance as Supplement A to its Security Guidelines in Appendix B to Part 570. The final rule also made a conforming, technical change to § 568.5, which added a sentence at the end of the section to reference the interpretive guidance in Supplement A. On July 1, 2005, the December 28 rule text for § 568.5 will supersede the current text that became effective on March 29; however, the sentence that was added by the March 29 final rule will still be applicable and should remain as part of the rule text for § 568.5 beyond June 30, 2005. Therefore, OTS is making a further technical amendment to § 568.5 effective July 1, 2005, to add the sentence from the March 29 final rule that goes at the end of § 568.5 so that it will remain in effect when the December 28 final rule takes effect on July 1. II. Regulatory Analysis Administrative Procedure Act; Riegle Community Development and Regulatory Improvement Act of 1994 OTS finds that there is good cause to dispense with prior notice and comment on this final rule and with the 30-day delay of effective date mandated by the Administrative Procedure Act.1 OTS believes that these procedures are unnecessary and contrary to public interest because the rule merely makes a technical change to an existing regulation. The amendment in the rule is not substantive and will not affect savings associations. Section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 provides that regulations that impose additional reporting, disclosure, or other new requirements may not take effect before the first day of the quarter following publication.2 This section does not apply because this final rule imposes no additional requirements and makes only a technical change to an existing regulation. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act,3 the OTS Acting Director certifies that this technical amendment will not have a significant economic impact on a substantial number of small entities. 15 U.S.C. 553. L. 103–325, 12 U.S.C. 4802. 3 Pub. L. 96–354, 5 U.S.C. 601. 2 Pub. E:\FR\FM\02JNR1.SGM 02JNR1

Agencies

[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Rules and Regulations]
[Pages 32224-32228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10933]


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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: Final rule.

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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 July 5, 2005.

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 
ant@nrc.gov.

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 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.

Direct Final Rule and Companion Proposed Rule

    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 in 10 CFR Parts 25 
and 95. The direct final rule was to become effective on February 28, 
2005. The NRC concurrently published a companion 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.
    NRC received one public comment letter consisting of at least one 
significant adverse comment on the direct final rule; therefore, NRC 
withdrew the direct final rule on February 24, 2005 (70 FR 8921). NRC 
is addressing the comments received on the companion proposed rule in 
this final rule.

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 plan to 
participate in 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. However, there may be 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

[[Page 32225]]

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.
    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.

Response to Public Comments

    The NRC received one public comment letter from a group of seven 
national environmental and public interest organizations. A summary of 
the comments contained in this letter and NRC's responses are presented 
below.
    Comment 1: The commenters expressed concern that the direct final 
rule did not make clear that public intervenors, such as environmental 
and public interest organizations that plan on taking part in the Yucca 
Mountain licensing proceeding, would be granted access authorizations 
and security clearances.
    Response: An adjudicatory proceeding on DOE's anticipated 
application for a license under the provisions of 10 CFR Part 63 may 
necessitate access authorizations and facility security clearances by 
persons who plan to participate in the proceeding. An access 
authorization is a necessary prerequisite for access to classified 
information as that term is defined in 10 CFR Part 25. The intent of 
this rulemaking is to broaden the scope of the regulations in Parts 25 
and 95 so that potential intervenors, such as the environmental and 
public interest organization commenters, can seek access authorizations 
and facility security clearances in accordance with the existing 
requirements in these parts.
    Part 25 establishes the procedures for authorizing access to 
classified information. Prior to this rulemaking, 10 CFR 25.3 stated 
that Part 25 applies ``to licensees and others who may require access 
to classified information related to a license or an application for a 
license.'' However, the term ``license'' for the purposes of Part 25 
was defined to mean ``a license issued pursuant to 10 CFR Parts 50, 70, 
or 72.'' See 10 CFR 25.5 (2004). Similarly, the former regulations 
provided that security clearances for access to classified information 
``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, 70, 72, or 
76.'' See 10 CFR 25.17(a) (2004). NRC would issue any license for the 
proposed repository at Yucca Mountain under the regulations at 10 CFR 
Part 63. Thus, the scope of the Part 25 and 95 regulations needed to be 
revised to include references to Part 63 to make it possible for those 
who plan to participate in the adjudicatory proceeding on DOE's license 
application to seek access authorizations and facility security 
clearances. This is accomplished in this rulemaking.
    Comment 2: The commenters sought clarification as to how broadly or 
narrowly NRC will apply ``need-to-know'' limitations upon potential 
intervenors in the proceeding, such as environmental and public 
interest organizations.
    Response: A person with an access authorization must establish a 
``need-to-know'' the particular information being sought before such 
information can be provided by the holder of the information. ``Need-
to-know'' is defined in 10 CFR Part 25 to mean ``a determination by an 
authorized holder of classified information that a prospective 
recipient requires access to a specific classified information to 
perform or assist in a lawful and authorized governmental function 
under the cognizance of the Commission.'' See 10 CFR 25.5. A ``need-to-
know'' determination could be made by the holder of the information in 
the cognizant NRC office responsible for the specific information being 
sought or, once an adjudicatory proceeding using the special procedures 
of 10 CFR Part 2, Subpart I, is commenced, by the presiding officer or 
the Commission.
    Comment 3: The commenters also expressed concern that any proposed 
rule changes, including the direct final rule, not be used by NRC or 
any other federal agencies involved in the Yucca Mountain licensing 
proceeding (such as DOE) to inappropriately restrict access to 
documents by improperly classifying documents vital to intervenors' 
contentions against the proposed repository.
    Response: This rulemaking does not affect how information is 
classified and does not expand the scope of information that can only 
be obtained by those with access authorizations. NRC cognizant 
information is classified under either the provisions of Executive 
Order 12958, as amended, for National Security Information, or the 
Atomic Energy Act of 1954, as amended, for Restricted Data. Section 
1.7(a)(4) of Executive Order 12958, as amended, states: ``In no case 
shall information be classified in order to: * * * (4) prevent or delay 
the release of information that does not require protection in the 
interest of national security.''
    Comment 4: The commenters sought clarification as to which 
categories of information, as well as specific documentation, NRC and 
other federal

[[Page 32226]]

agencies involved in the Yucca Mountain licensing proceeding plan on 
declaring ``classified.'' Although NRC's direct final rule refers only 
to ``classified information,'' they questioned if NRC intends to 
effectively also include ``sensitive'' and ``safeguards'' information. 
They urged that this point be clarified, and that comprehensive 
definitions for ``sensitive'' and ``safeguards'' be given.
    Response: As stated in response to Comment 3, this rulemaking does 
not affect how information is classified. Questions concerning the 
classification of ``sensitive'' or ``safeguards'' information, or 
access to such information, are beyond the scope of this rulemaking.
    After considering the public comments, NRC has determined to adopt 
the amendments contained in the proposed rule without change, as 
explained in the following section.

Discussion of Amendments by Section

Section 25.3 Scope.

    This section currently 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 such 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).

Section 25.37 Violations.

    The phrase, ``Executive Order 12958'' is replaced by ``Executive 
Order 12958, as amended'' in paragraph (b).

Section 95.3 Scope.

    This section currently 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 types of 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.''

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.

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 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 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 final rule.

Paperwork Reduction Act Statement

    This final rule contains new or amended information collection 
requirements that are subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). These requirements were approved by the 
Office of Management and Budget, approval numbers 3150-0046 and 3150-
0047.
    The burden to the public for these information collections is 
estimated to average 1.4 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection. Send comments on any aspect of these 
information collections, including suggestions for reducing the burden, 
to the Records and FOIA/Privacy Services Branch (T-5 F53), U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, or by Internet 
electronic mail to INFOCOLLECTS@nrc.gov; and to the Desk Officer, 
Office of Information and Regulatory Affairs, NEOB-10202, (3150-0046 
and 3150-0047), Office of Management and Budget, Washington, DC 20503.

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 considered minor and not a substantial amendment; 
it has no

[[Page 32227]]

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 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, 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. 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 pursuant to 10 CFR parts 50, 52, 60, 
63, 70, or 72.
* * * * *
    National Security Information means information that has been 
determined pursuant to 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 Classified National Security 
Information, infraction, License, paragraph (2) of Security container, 
and violation are revised to read as follows:


Sec.  95.5  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.
* * * * *
    Infraction means any knowing, willful, or negligent action contrary 
to the requirements of E.O. 12958, as amended, or its implementing 
directives, that does not comprise a ``violation,'' as defined in this 
section.
* * * * *

[[Page 32228]]

    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.
* * * * *
    Violation means any knowing, willful, or negligent action that 
could reasonably be expected to result in an unauthorized disclosure of 
classified information or any knowing, willful, or negligent action to 
classify or continue the classification of information contrary to the 
requirements of E.O. 12958, as amended, or its implementing directives.

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 19th day of May, 2005.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-10933 Filed 6-1-05; 8:45 am]
BILLING CODE 7590-01-P