Memorandum of Understanding Between the Nuclear Regulatory Commission and the Department of Homeland Security Regarding Consultation Concerning Potential Vulnerabilities of the Location of Proposed New Utilization Facilities, 9959-9960 [07-1006]

Download as PDF Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices the meeting should reach the persons listed under FOR FURTHER INFORMATION CONTACT, below, by March 16, 2007. Persons wishing to make comments or who are unable to attend or speak at the meeting may submit comments at any time. All submissions received must include the docket number: DHS–2007– 0008 and may be submitted by any one of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov. Follow instructions for submitting comments on the Web site. • E-mail: PrivacyCommittee@dhs.gov. Include docket number in the subject line of the message. • Fax: (866) 466–5370. • Mail: Ms. Rebecca J. Richards, Executive Director, Data Privacy and Integrity Advisory Committee, Department of Homeland Security, Washington, DC 20528. Instructions: All submissions received must include the words ‘‘Department of Homeland Security Data Privacy and Integrity Advisory Committee’’ and the docket number: DHS–2007–0008. Comments received will also be posted without alteration at www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received by the DHS Data Privacy and Integrity Committee, go to www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Hugo Teufel III, Chief Privacy Officer, or Rebecca J. Richards, Executive Director, Data Privacy and Integrity Advisory Committee, Department of Homeland Security, Washington, DC 20528, by telephone (571) 227–3813, by fax (571) 227–4171, or by e-mail PrivacyCommittee@dhs.gov. Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92–463). During the meeting, the DHS Chief Privacy Officer will provide an update on the activities of the DHS Privacy Office. In the morning and afternoon sessions, invited speakers will discuss policy development, data integrity, and IT transformation at DHS, as well as DHS’ plans to implement the REAL ID Act. The Subcommittees will update the Committee on the work currently being conducted. A tentative agenda has been posted on the Privacy Advisory Committee Web site at www.dhs.gov/ privacy. At the discretion of the Chair, members of the public may make brief (i.e., no more than three minutes) oral presentations from 4 p.m.–4:30 p.m. If cprice-sewell on PROD1PC67 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 18:43 Mar 05, 2007 Jkt 211001 you would like to make an oral presentation at the meeting, please register in advance or sign up on the day of the meeting. If you would like a copy of your material(s) distributed to each member of the committee in advance, please submit 22 copies to Rebecca J. Richards by March 16, 2007. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Rebecca J. Richards as soon as possible. Dated: February 28, 2007. Kenneth Mortensen, Acting Chief Privacy Officer. [FR Doc. 07–1008 Filed 3–5–07; 8:45 am] BILLING CODE 4410–10–P NUCLEAR REGULATORY COMMISSION DEPARTMENT OF HOMELAND SECURITY Memorandum of Understanding Between the Nuclear Regulatory Commission and the Department of Homeland Security Regarding Consultation Concerning Potential Vulnerabilities of the Location of Proposed New Utilization Facilities I. Purpose This Memorandum of Understanding (MOU) establishes a process to implement the provisions of Section 657 of the Energy Policy Act of 2005 (EPA), Public Law 109–58, 119 Stat. 594, 814 (2005). Section 657 states: Sec. 657. Department of Homeland Security Consultation Before issuing a license for a utilization facility, the Nuclear Regulatory Commission shall consult with the Department of Homeland Security concerning the potential vulnerabilities of the location of the proposed facility to terrorist attack. II. Background Nuclear Regulatory Commission Pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2133, the NRC is responsible for licensing and regulating the construction and operation of commercial nuclear power plants (known as ‘‘utilization facilities’’) in the United States to protect the health and safety of the public and to promote the common defense and security. In conducting its review of applications for such facilities pursuant to the Commission’s implementing regulations PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 9959 in 10 CFR Parts 50 and 52, the NRC must, among other matters, determine the suitability of the site for the proposed facility. Among the provisions pertaining to the determination of site suitability, issues associated with the common defense and security are, as a general matter, addressed through the requirements of 10 CFR 100.21(f). This provision requires applicants to demonstrate that the site characteristics of the proposed location are such ‘‘that adequate security plans and measures can be developed.’’ In conducting its technical review of this portion of the application, the NRC addresses potential vulnerabilities of the location of the proposed facility to terrorist attack; this evaluation focuses on assessing the impact of the following factors: (1) Pedestrian and vehicular land approaches, (2) railroad approaches, (3) waterborne approaches, (4) potential ‘‘high-ground’’ adversary advantage areas, (5) nearby road and/or transportation routes, and (6) nearby hazardous materials facilities, airports, dams, military and chemical facilities, and pipelines. Commencing in FY07, a substantial number of applications for new nuclear power plants is expected. Department of Homeland Security The Department of Homeland Security (DHS), pursuant to the Homeland Security Act (HSA) of 2002, Public Law 107–296, 116 Stat. 2135; Homeland Security Presidential Directive 7 (HSPD–7); and the National Infrastructure Protection Plan (NIPP) of 2006, has the authority and responsibility to lead the unified national effort to secure America by preventing, deterring, and responding to terrorist attacks and other threats and hazards to the Nation, including protecting the Nation’s critical infrastructure (CI) and key resources (KR), such as the subject ‘‘utilization facilities.’’ III. Consultation Roles and Responsibilities The NRC will ‘‘consult’’ with the DHS under Section 657 of the EPA as follows: Before issuing a license for a utilization facility, the NRC will request, and the DHS will review and provide to the NRC comment on the potential vulnerabilities of the location of the proposed facility to terrorist attack. This review and comment will be based on information, including the application, provided by the NRC, and any other factors, consistent with DHS authorities, the DHS considers vital to E:\FR\FM\06MRN1.SGM 06MRN1 9960 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices assessing the potential vulnerabilities of the location of the proposed facility to terrorist attack. Within ten (10) days after acceptance and docketing of an application, the NRC will provide the DHS with the application and any other information it deems relevant. The NRC will communicate promptly any schedule delay. Within 90 days of receipt of the application materials, the DHS will respond to the NRC in writing. This response will include any and all DHS comments concerning the potential vulnerabilities of the location of the proposed facility to terrorist attack. If within 60 days of receipt of the application materials the DHS anticipates that it cannot complete its review within the 90-day time frame, the DHS will contact the NRC to discuss a mutually agreeable date by which it will respond to the NRC’s request for consultation. The NRC and the DHS recognize that certain portions of the information exchanged pursuant to this Memorandum of Understanding may be Safeguards Information in accordance with section 147 of the Atomic Energy Act of 1954, as amended; classified information; or other sensitive information that must be properly identified and protected from public disclosure in accordance with applicable requirements. IV. Working Arrangements The NRC Point of Contact for this agreement is: Team Leader, New Reactor Security Team, Reactor Security Branch, NSIR. The DHS Point of Contact for this agreement is: Lead, Nuclear Sector Branch, CNPPD. V. Funding All activities pursuant to this MOU are subject to the availability of appropriated funds and each agency’s budget priorities. VI. Memorandum of Understanding cprice-sewell on PROD1PC67 with NOTICES This MOU shall not be construed to provide a private right of action for or by any person or entity. This MOU is effective upon signature by both parties. It will remain in effect until terminated by one of the parties following 30 days advance written notice to the other party. Modifications to this MOU may be made by written agreement of both parties. Approved for the U.S. Nuclear Regulatory Commission. Dated: December 8, 2006. Luis A. Reyes, Executive Director for Operations. Approved for the Department of Homeland Security. Dated: February 20, 2007. Robert B. Stephan, Assistant Secretary for Infrastructure Protection. [FR Doc. 07–1006 Filed 3–5–07; 8:45 am] BILLING CODE 7590–01–P Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian_L._Deitzer@HUD.gov or telephone (202) 708–2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer or from HUD’s Web site at http:// www5.hud.gov:63001/po/i/icbts/ collectionsearch.cfm. This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including technology, e.g., permitting electronic submission of responses. This notice also lists the following information: Title of Proposal: Allocation of Operating Subsidies under the Operating Fund Formula: Data Collection (Subsidy and Grant Information System (SAGIS) automated collections). OMB Approval Number: 2577–0029. Form Numbers: HUD–52722, HUD– 52723 and HUD–53087. Description of the Need for the Information and Its Proposed Use: Public Housing Agencies (PHAs) use this information in budget submissions which are reviewed and approved by HUD field offices as the basis for obligating operating subsidies. This information is necessary to calculate the eligibility for operating subsidies under the Operating Fund Program regulation, as amended. The Operating Fund Program is designed to provide the amount of operating subsidy that would be needed for well-managed PHAs. Frequency of Submission: Annually. SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5117–N–22] Notice of Submission of Proposed Information Collection to OMB; Allocation of Operating Subsidies Under the Operating Fund Formula: Data Collection (Subsidy and Grant Information System (SAGIS) Automated Collections) Office of the Chief Information Officer, HUD. ACTION: Notice. AGENCY: SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Public Housing Agencies (PHAs) use this information in budget submissions which are reviewed and approved by HUD field offices as the basis for obligating operating subsidies. This information is necessary to calculate the eligibility for operating subsidies under the Operating Fund Program regulation, as amended. The Operating Fund Program is designed to provide the amount of operating subsidy that would be needed for well-managed PHAs. DATES: Comments Due Date: April 5, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2577–0029) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202–395–6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Departmental Reports Number of respondents Annual responses 3,141 5 Reporting Burden .............................................................................. VerDate Aug<31>2005 15:35 Mar 05, 2007 Jkt 211001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 × E:\FR\FM\06MRN1.SGM Hours per response 0.7 06MRN1 = Burden hours 11,723

Agencies

[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Notices]
[Pages 9959-9960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1006]


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NUCLEAR REGULATORY COMMISSION

DEPARTMENT OF HOMELAND SECURITY


Memorandum of Understanding Between the Nuclear Regulatory 
Commission and the Department of Homeland Security Regarding 
Consultation Concerning Potential Vulnerabilities of the Location of 
Proposed New Utilization Facilities

I. Purpose

    This Memorandum of Understanding (MOU) establishes a process to 
implement the provisions of Section 657 of the Energy Policy Act of 
2005 (EPA), Public Law 109-58, 119 Stat. 594, 814 (2005). Section 657 
states:

Sec. 657. Department of Homeland Security Consultation

    Before issuing a license for a utilization facility, the Nuclear 
Regulatory Commission shall consult with the Department of Homeland 
Security concerning the potential vulnerabilities of the location of 
the proposed facility to terrorist attack.

II. Background

Nuclear Regulatory Commission

    Pursuant to Section 103 of the Atomic Energy Act of 1954, as 
amended, 42 U.S.C. 2133, the NRC is responsible for licensing and 
regulating the construction and operation of commercial nuclear power 
plants (known as ``utilization facilities'') in the United States to 
protect the health and safety of the public and to promote the common 
defense and security. In conducting its review of applications for such 
facilities pursuant to the Commission's implementing regulations in 10 
CFR Parts 50 and 52, the NRC must, among other matters, determine the 
suitability of the site for the proposed facility.
    Among the provisions pertaining to the determination of site 
suitability, issues associated with the common defense and security 
are, as a general matter, addressed through the requirements of 10 CFR 
100.21(f). This provision requires applicants to demonstrate that the 
site characteristics of the proposed location are such ``that adequate 
security plans and measures can be developed.'' In conducting its 
technical review of this portion of the application, the NRC addresses 
potential vulnerabilities of the location of the proposed facility to 
terrorist attack; this evaluation focuses on assessing the impact of 
the following factors:
    (1) Pedestrian and vehicular land approaches, (2) railroad 
approaches, (3) waterborne approaches, (4) potential ``high-ground'' 
adversary advantage areas, (5) nearby road and/or transportation 
routes, and (6) nearby hazardous materials facilities, airports, dams, 
military and chemical facilities, and pipelines.
    Commencing in FY07, a substantial number of applications for new 
nuclear power plants is expected.

Department of Homeland Security

    The Department of Homeland Security (DHS), pursuant to the Homeland 
Security Act (HSA) of 2002, Public Law 107-296, 116 Stat. 2135; 
Homeland Security Presidential Directive 7 (HSPD-7); and the National 
Infrastructure Protection Plan (NIPP) of 2006, has the authority and 
responsibility to lead the unified national effort to secure America by 
preventing, deterring, and responding to terrorist attacks and other 
threats and hazards to the Nation, including protecting the Nation's 
critical infrastructure (CI) and key resources (KR), such as the 
subject ``utilization facilities.''

III. Consultation Roles and Responsibilities

    The NRC will ``consult'' with the DHS under Section 657 of the EPA 
as follows:

    Before issuing a license for a utilization facility, the NRC 
will request, and the DHS will review and provide to the NRC comment 
on the potential vulnerabilities of the location of the proposed 
facility to terrorist attack. This review and comment will be based 
on information, including the application, provided by the NRC, and 
any other factors, consistent with DHS authorities, the DHS 
considers vital to

[[Page 9960]]

assessing the potential vulnerabilities of the location of the 
proposed facility to terrorist attack.
    Within ten (10) days after acceptance and docketing of an 
application, the NRC will provide the DHS with the application and 
any other information it deems relevant. The NRC will communicate 
promptly any schedule delay.
    Within 90 days of receipt of the application materials, the DHS 
will respond to the NRC in writing. This response will include any 
and all DHS comments concerning the potential vulnerabilities of the 
location of the proposed facility to terrorist attack. If within 60 
days of receipt of the application materials the DHS anticipates 
that it cannot complete its review within the 90-day time frame, the 
DHS will contact the NRC to discuss a mutually agreeable date by 
which it will respond to the NRC's request for consultation.

    The NRC and the DHS recognize that certain portions of the 
information exchanged pursuant to this Memorandum of Understanding may 
be Safeguards Information in accordance with section 147 of the Atomic 
Energy Act of 1954, as amended; classified information; or other 
sensitive information that must be properly identified and protected 
from public disclosure in accordance with applicable requirements.

IV. Working Arrangements

    The NRC Point of Contact for this agreement is: Team Leader, New 
Reactor Security Team, Reactor Security Branch, NSIR.
    The DHS Point of Contact for this agreement is: Lead, Nuclear 
Sector Branch, CNPPD.

V. Funding

    All activities pursuant to this MOU are subject to the availability 
of appropriated funds and each agency's budget priorities.

VI. Memorandum of Understanding

    This MOU shall not be construed to provide a private right of 
action for or by any person or entity.
    This MOU is effective upon signature by both parties. It will 
remain in effect until terminated by one of the parties following 30 
days advance written notice to the other party.
    Modifications to this MOU may be made by written agreement of both 
parties.

    Approved for the U.S. Nuclear Regulatory Commission.

    Dated: December 8, 2006.
Luis A. Reyes,
Executive Director for Operations.
    Approved for the Department of Homeland Security.

    Dated: February 20, 2007.
Robert B. Stephan,
Assistant Secretary for Infrastructure Protection.
[FR Doc. 07-1006 Filed 3-5-07; 8:45 am]
BILLING CODE 7590-01-P