Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information; Reopening of Public Comment Period and Notice of Availability of Proposed Procedures for Comment, 43569-43570 [E7-15189]

Download as PDF mstockstill on PROD1PC66 with PROPOSALS Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Proposed Rules which it is contained. Exemptions from these particular subsections are justified, on a caseby-case basis to be determined at the time a request is made, for the following reasons: (a) From subsection (c)(3) (Accounting for Disclosure) because making available to a record subject the accounting of disclosures from records concerning him or her would specifically reveal any investigative interest in the individual. Revealing this information could reasonably be expected to compromise ongoing efforts to investigate a known or suspected terrorist by notifying the record subject that he or she is under investigation. This information could also permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid or impede the investigation. (b) From subsection (c)(4) (Accounting for Disclosure, notice of dispute) because certain records in this system are exempt from the access and amendment provisions of subsection (d), this requirement to inform any person or other agency about any correction or notation of dispute that the agency made with regard to those records, should not apply. (c) From subsections (d)(1), (2), (3), and (4) (Access to Records) because these provisions concern individual access to and amendment of certain records contained in this system, including law enforcement, counterterrorism, and investigatory records. Compliance with these provisions could alert the subject of an investigation to the fact and nature of the investigation, and/or the investigative interest of intelligence or law enforcement agencies; compromise sensitive information related to law enforcement, including matters bearing on national security; interfere with the overall law enforcement process by leading to the destruction of evidence, improper influencing of witnesses, fabrication of testimony, and/or flight of the subject; could identify a confidential source; reveal a sensitive investigative or intelligence technique; or constitute a potential danger to the health or safety of law enforcement personnel, confidential informants, and witnesses. Amendment of these records would interfere with ongoing counterterrorism or law enforcement investigations and analysis activities and impose an impossible administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised. (d) From subsection (e)(1) (Relevancy and Necessity of Information) because it is not always possible for DHS or other agencies to know in advance what information is relevant and necessary for it to complete screening of cargo, conveyances, and passengers. Information relating to known or suspected terrorists is not always collected in a manner that permits immediate verification or determination of relevancy to a DHS purpose. For example, during the early stages of an investigation, it may not be possible to determine the immediate relevancy of information that is collected—only upon later evaluation or association with further information, obtained subsequently, may it be possible to establish particular relevance to a law enforcement program. Lastly, this VerDate Aug<31>2005 16:16 Aug 03, 2007 Jkt 211001 exemption is required because DHS and other agencies may not always know what information about an encounter with a known or suspected terrorist will be relevant to law enforcement for the purpose of conducting an operational response. (e) From subsection (e)(2) (Collection of Information from Individuals) because application of this provision could present a serious impediment to counterterrorism or law enforcement efforts in that it would put the subject of an investigation, study or analysis on notice of that fact, thereby permitting the subject to engage in conduct designed to frustrate or impede that activity. The nature of counterterrorism, and law enforcement investigations is such that vital information about an individual frequently can be obtained only from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely solely upon information furnished by the individual concerning his own activities. (f) From subsection (e)(3) (Notice to Subjects), to the extent that this subsection is interpreted to require DHS to provide notice to an individual if DHS or another agency receives or collects information about that individual during an investigation or from a third party. Should the subsection be so interpreted, exemption from this provision is necessary to avoid impeding counterterrorism or law enforcement efforts by putting the subject of an investigation, study or analysis on notice of that fact, thereby permitting the subject to engage in conduct intended to frustrate or impede that activity. (g) From subsections (e)(4)(G), (H) and (I) (Agency Requirements) because portions of this system are exempt from the access and amendment provisions of subsection (d). (h) From subsection (e)(5) (Collection of Information) because many of the records in this system coming from other system of records are derived from other domestic and foreign agency record systems and therefore it is not possible for DHS to vouch for their compliance with this provision; however, the DHS has implemented internal quality assurance procedures to ensure that data used in its screening processes is as complete, accurate, and current as possible. In addition, in the collection of information for law enforcement and counterterrorism purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. The restrictions imposed by (e)(5) would limit the ability of those agencies’ trained investigators and intelligence analysts to exercise their judgment in conducting investigations and impede the development of intelligence necessary for effective law enforcement and counterterrorism efforts. (i) From subsection (e)(8) (Notice on Individuals) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on DHS and other agencies and could alert the PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 43569 subjects of counterterrorism or law enforcement investigations to the fact of those investigations when not previously known. (j) From subsection (f) (Agency Rules) because portions of this system are exempt from the access and amendment provisions of subsection (d). Access to, and amendment of, system records that are not exempt or for which exemption is waived may be obtained under procedures described in the related SORN or Subpart B of this Part. (k) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: July 31, 2007 Hugo Teufel III, Chief Privacy Officer. [FR Doc. E7–15198 Filed 8–3–07; 8:45 am] BILLING CODE 4410–10–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150–AI08 Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive Unclassified NonSafeguards Information and Safeguards Information; Reopening of Public Comment Period and Notice of Availability of Proposed Procedures for Comment Nuclear Regulatory Commission. ACTION: Proposed rule: Reopening of public comment period and notice of availability of proposed procedures for comment. AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is reopening the public comment period for an additional 30 days on a proposed rule published on June 11, 2007. The NRC is also making available for comment proposed procedures that would allow potential parties to NRC adjudications, as well as their representatives, to gain access to Sensitive Unclassified Non-Safeguards Information (SUNSI) or Safeguards Information (SGI). DATES: The comment period on the proposed rule expires on August 10, 2007. The comment period on the proposed procedures that would allow potential parties to NRC adjudications, as well as their representatives, to gain access to SUNSI or SGI expires on September 5, 2007. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. E:\FR\FM\06AUP1.SGM 06AUP1 43570 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Proposed Rules You may submit comments by any one of the following methods. If you are commenting on the proposed rule, please include the following number RIN 3150–AI08 in the subject line of your comments. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at 301– 415–1966. You may also submit comments via the NRC’s rulemaking Web site at http://ruleforum.llnl.gov. Address questions about our rulemaking Web site to Carol Gallagher 301–415– 5905; e-mail cag@nrc.gov. Comments can also be submitted via the Federal eRulemaking Portal http:// www.regulations.gov. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 301–415– 1966). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC’s Public Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. If you are commenting on the proposed procedures please include the following phrase ‘‘proposed SUNSI/SGI access procedures’’ in the subject line of your comments. The proposed procedures can be viewed and downloaded electronically via the NRC’s public Web site at http:// ruleforum.llnl.gov/cgi-bin/ rulelist?type=ipcr. The proposed procedures also may be viewed electronically on the public computers located at the NRC’s PDR, O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Mail comments to: U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attn: Michael T. Lesar, Chief, Rulemaking, Directives, and Editing Branch, Office of Administration. E-mail comments to: nrcrep@nrc.gov. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. Fax comments to: 301–415–5144. Comments submitted in writing or in electronic form will be made available for public inspection. Because your mstockstill on PROD1PC66 with PROPOSALS ADDRESSES: VerDate Aug<31>2005 16:16 Aug 03, 2007 Jkt 211001 comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. 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 PDR Reference staff at 1–800–397–4209, 301–415–4737 or by e-mail to pdr@nrc.gov. The ADAMS accession number for the procedures is ML071910149. FOR FURTHER INFORMATION CONTACT: Patrick Moulding, Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone 301–415– 2549, e-mail pam3@nrc.gov. SUPPLEMENTARY INFORMATION: On June 11, 2007 (72 FR 32018), the NRC published for public comment a proposed rule that would provide for expedited review by the Commission on orders on requests by potential parties for access to certain SUNSI and SGI. A 30-day comment period was provided for the proposed rule. The original comment period for the proposed rule expired on July 11, 2007. The NRC has reopened the comment period, which now expires on August 10, 2007. Commission regulations in 10 CFR part 2, ‘‘Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders’’ govern the conduct of NRC adjudicatory proceedings. Potential parties who have requested or who may request a hearing or petition to intervene in a hearing under 10 CFR part 2 may need access to SUNSI (including, but not limited to, proprietary, confidential commercial, and security-related information) or SGI as defined in 10 CFR 73.2 to meet Commission requirements for hearing requests or for intervention. The Commission is seeking comment on proposed procedures to allow potential parties to submit information requests and enter into protective agreements prior to becoming a party to a proceeding so that those who demonstrate a legitimate need for SUNSI or SGI can receive relevant documents to prepare a valid PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 contention. The proposed procedures reflect the longstanding practice of staff access determinations in the first instance, subject to review by a presiding officer if contested. The proposed procedures also describe how the public will be informed of this process. The proposed procedures address: (1) When and where to submit requests for access to SUNSI and SGI that is possessed by the NRC; 1 (2) Who will assess initially whether the proposed recipient has shown a need for SUNSI (or need to know for SGI) and a likelihood of establishing standing; (3) Who will decide initially whether the proposed recipient is qualified (i.e., trustworthy and reliable) to receive SGI; (4) Use of nondisclosure affidavits/ agreements and protective orders; and (5) Time periods for making standing, need, and access determinations, producing documents, submitting contentions, and seeking review of adverse determinations. These proposed procedures also include a ‘‘pre-clearance’’ process that would permit a potential party who may seek access to SGI to initiate the necessary background check in advance of a notice of opportunity for hearing. Dated at Rockville, Maryland, this 30th day of July 2007. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E7–15189 Filed 8–3–07; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF THE TREASURY Office of Thrift Supervision 12 CFR Part 535 [Docket ID OTS–2007–0015] RIN 1550–AC17 Unfair or Deceptive Acts or Practices Office of Thrift Supervision, Treasury (OTS). ACTION: Advance notice of proposed rulemaking (ANPR). AGENCY: SUMMARY: OTS is reviewing its regulations relating to unfair or deceptive acts or practices to determine whether and, if so, to what extent, additional regulation is needed to ensure customers of OTS-regulated entities are treated fairly. This ANPR 1 The proposed procedures do not address information possessed solely by a licensee or applicant. E:\FR\FM\06AUP1.SGM 06AUP1

Agencies

[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Proposed Rules]
[Pages 43569-43570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15189]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 2

RIN 3150-AI08


Interlocutory Review of Rulings on Requests by Potential Parties 
for Access to Sensitive Unclassified Non-Safeguards Information and 
Safeguards Information; Reopening of Public Comment Period and Notice 
of Availability of Proposed Procedures for Comment

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule: Reopening of public comment period and notice of 
availability of proposed procedures for comment.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is 
reopening the public comment period for an additional 30 days on a 
proposed rule published on June 11, 2007. The NRC is also making 
available for comment proposed procedures that would allow potential 
parties to NRC adjudications, as well as their representatives, to gain 
access to Sensitive Unclassified Non-Safeguards Information (SUNSI) or 
Safeguards Information (SGI).

DATES: The comment period on the proposed rule expires on August 10, 
2007. The comment period on the proposed procedures that would allow 
potential parties to NRC adjudications, as well as their 
representatives, to gain access to SUNSI or SGI expires on September 5, 
2007. Comments received after this date will be considered if it is 
practical to do so, but the NRC is able to ensure consideration only 
for comments received on or before this date.

[[Page 43570]]


ADDRESSES: You may submit comments by any one of the following methods.
    If you are commenting on the proposed rule, please include the 
following number RIN 3150-AI08 in the subject line of your comments.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at 301-415-1966. You may also submit comments via the NRC's 
rulemaking Web site at http://ruleforum.llnl.gov. Address questions 
about our rulemaking Web site to Carol Gallagher 301-415-5905; e-mail 
cag@nrc.gov. Comments can also be submitted via the Federal eRulemaking 
Portal http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 
301-415-1966).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.
    Publicly available documents related to this rulemaking may be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), O1 F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor 
will copy documents for a fee.
    If you are commenting on the proposed procedures please include the 
following phrase ``proposed SUNSI/SGI access procedures'' in the 
subject line of your comments. The proposed procedures can be viewed 
and downloaded electronically via the NRC's public Web site at http://
ruleforum.llnl.gov/cgi-bin/rulelist?type=ipcr. The proposed procedures 
also may be viewed electronically on the public computers located at 
the NRC's PDR, O1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    Mail comments to: U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, Attn: Michael T. Lesar, Chief, Rulemaking, Directives, 
and Editing Branch, Office of Administration. E-mail comments to: 
nrcrep@nrc.gov. Hand deliver comments to: 11555 Rockville Pike, 
Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal 
workdays. Fax comments to: 301-415-5144.
    Comments 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 any information in your submission that 
you do not want to be publicly disclosed.
    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 PDR Reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to pdr@nrc.gov.
    The ADAMS accession number for the procedures is ML071910149.

FOR FURTHER INFORMATION CONTACT: Patrick Moulding, Attorney, Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone 301-415-2549, e-mail pam3@nrc.gov.

SUPPLEMENTARY INFORMATION: On June 11, 2007 (72 FR 32018), the NRC 
published for public comment a proposed rule that would provide for 
expedited review by the Commission on orders on requests by potential 
parties for access to certain SUNSI and SGI. A 30-day comment period 
was provided for the proposed rule. The original comment period for the 
proposed rule expired on July 11, 2007. The NRC has reopened the 
comment period, which now expires on August 10, 2007.
    Commission regulations in 10 CFR part 2, ``Rules of Practice for 
Domestic Licensing Proceedings and Issuance of Orders'' govern the 
conduct of NRC adjudicatory proceedings. Potential parties who have 
requested or who may request a hearing or petition to intervene in a 
hearing under 10 CFR part 2 may need access to SUNSI (including, but 
not limited to, proprietary, confidential commercial, and security-
related information) or SGI as defined in 10 CFR 73.2 to meet 
Commission requirements for hearing requests or for intervention. The 
Commission is seeking comment on proposed procedures to allow potential 
parties to submit information requests and enter into protective 
agreements prior to becoming a party to a proceeding so that those who 
demonstrate a legitimate need for SUNSI or SGI can receive relevant 
documents to prepare a valid contention. The proposed procedures 
reflect the longstanding practice of staff access determinations in the 
first instance, subject to review by a presiding officer if contested. 
The proposed procedures also describe how the public will be informed 
of this process. The proposed procedures address:
    (1) When and where to submit requests for access to SUNSI and SGI 
that is possessed by the NRC; \1\
---------------------------------------------------------------------------

    \1\ The proposed procedures do not address information possessed 
solely by a licensee or applicant.
---------------------------------------------------------------------------

    (2) Who will assess initially whether the proposed recipient has 
shown a need for SUNSI (or need to know for SGI) and a likelihood of 
establishing standing;
    (3) Who will decide initially whether the proposed recipient is 
qualified (i.e., trustworthy and reliable) to receive SGI;
    (4) Use of nondisclosure affidavits/agreements and protective 
orders; and
    (5) Time periods for making standing, need, and access 
determinations, producing documents, submitting contentions, and 
seeking review of adverse determinations.
    These proposed procedures also include a ``pre-clearance'' process 
that would permit a potential party who may seek access to SGI to 
initiate the necessary background check in advance of a notice of 
opportunity for hearing.

    Dated at Rockville, Maryland, this 30th day of July 2007.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E7-15189 Filed 8-3-07; 8:45 am]
BILLING CODE 7590-01-P