Requirements Regarding Mandatory Review for Declassification, 45072-45073 [2017-20706]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Notices]
[Pages 45072-45073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20706]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0191]


Requirements Regarding Mandatory Review for Declassification

AGENCY: Nuclear Regulatory Commission.

ACTION: Mandatory Review for Declassification; notice of availability.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is updating its 
requirements regarding Mandatory Review for Declassification pursuant 
to Section 3.5 of Executive Order (E.O.) 13526, ``Classified National 
Security Information.'' The NRC's requirements regarding Mandatory 
Review for Declassification were previously published in the Federal 
Register on November 5, 1996. This notice informs the public of these 
updates. This notice also presents instructions for submitting 
suggestions or questions regarding the NRC's information security 
program.

DATES: The requirements are available as of September 27, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0191 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0191. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Darryl H. Parsons, Office of Nuclear 
Security and Incident Response, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-7751, email: 
Darryl.Parsons@nrc.gov.

SUPPLEMENTARY INFORMATION: Purusant to Executive Order (E.O.) 13526, 
issued on December 29, 2009, and published in the Federal Register on 
January 5, 2010 (75 FR 707), and part 2001 of title 32 of the Code of 
Federal Regulations, ``Classified National Security Information,'' 
published June 28, 2010 (75 FR 37254), the NRC is updating its 
mandatory review for declassification requirements to read as follows:

I. Mandatory Review for Declassification Requirements

    A. NRC information classified under E.O. 13526 or predecessor 
orders shall be subject to a review for declassification by NRC, if:
    1. The request for a review describes the document or material 
containing the information with sufficient specificity to enable the 
agency to locate it with a reasonable amount of effort;
    2. The document or material containing the information responsive 
to the request is not contained within an operational file exempted 
from search and review, publication, and disclosure under section 552 
of title 5, United States Code in accordance with law; and
    3. The information is not the subject of pending litigation.
    B. Any person desiring a mandatory review for declassification of 
NRC documents containing classified information should address these 
requests to the Director, Division of Security Operations, Office of 
Nuclear Security and Incident Response, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    C. Requests need not be made on any special form, nor does the 
requested information have to be identified by date or title, but 
shall, as specified in E.O. 13526, describe the information with 
sufficient specificity to enable the NRC to locate the records 
containing the information sought with a reasonable amount of effort. 
Requests for broad types of information, entire file series of records, 
or similar non-specific requests may be denied a mandatory review for 
declassification by the NRC.
    D. The Director, Division of Security Operations, Office of Nuclear 
Security and Incident Response, will acknowledge receipt of the request 
and initiate action to obtain the requested information.
    E. If the information contained in the requested matter has been 
reviewed for declassification within the past 2 years, another review 
need not be conducted, but instead the NRC may inform the requester of 
this fact and of the results of the prior review decision and advise 
the requester of appeal rights.
    F. Documents required to be submitted for pre-publication review or 
other administrative process pursuant to an approved nondisclosure 
agreement are not subject to mandatory declassification review (MDR).
    G. The NRC performs an MDR as follows:
    1. Conducts a line-by-line review of the matter.
    2. Withholds any information that meets the standards for 
classification under E.O. 13526.
    3. Declassifies National Security Information under the NRC's 
purview that no longer meets the standards for classification under 
E.O. 13526 or successor orders.
    4. If the matter is originated by another agency, the NRC will 
refer the request and pertinent records to the originating agency, 
unless the originating agency has agreed that the NRC may review its 
records in

[[Page 45073]]

accordance with the declassification guides or guidelines provided by 
the originating agency. If referred, the originating agency will 
process the request in accordance with its agency's procedures for 
mandatory review for declassification and communicate its determination 
to the NRC. The NRC will be responsible for collecting all agency 
review results and informing the requester of any final decision 
regarding the declassification of the requested information unless a 
prior arrangement has been made with the originating agency. Requests 
for an MDR made to an element of the Intelligence Community by anyone 
other than a citizen of the United States or an alien lawfully admitted 
for permanent residence may be denied by the receiving Intelligence 
Community element.
    5. If the matter is marked as, or potentially contains, Restricted 
Data, Formerly Restricted Data, or Transclassified Foreign Nuclear 
Information, then the MDR is processed in accordance with 10 CFR part 
1045, ``Nuclear Classification and Declassification.''
    6. If the matter contains cryptologic information then the NRC 
shall process the MDR in accordance with special procedures issued by 
the Secretary of Defense and, when cryptologic information pertains to 
intelligence activities, the Director of National Intelligence.
    7. If the matter contains information pertaining to intelligence 
sources, methods, and activities then the NRC shall process the MDR in 
accordance with the special procedures issued by the Director of 
National Intelligence.
    8. If the matter contains foreign government information and the 
NRC initially received or classified the foreign government 
information, then the NRC shall be responsible for making a 
declassification determination after consultation with concerned 
governments/agencies. If the NRC did not initially receive or classify 
the foreign government information, the NRC shall refer the request to 
the agency that received or classified the foreign government 
information for appropriate action. In all instances, the NRC may 
consult with the foreign government(s) through appropriate channels 
prior to declassification.
    9. If the matter also contains unclassified information that is 
potentially exempt from release under the Freedom of Information Act, 
the matter is further processed to ensure unclassified information that 
is exempt from public release is identified and that the appropriate 
officials responsible for denying any classified portion of the matter 
are provided and listed with the notice of denial.
    10. When information cannot be declassified in its entirety, the 
NRC will make reasonable efforts to release, consistent with other 
applicable laws, those declassified portions of the requested 
information that constitute a coherent segment.
    11. A final determination shall be made on each request within 1 
year from the date of receipt.
    12. Upon completion of the review, the NRC releases the information 
to the requester, unless that information is prohibited from release 
under the provisions of a statutory authority.
    13. Upon denial, in whole or in part, of an initial request, the 
NRC's response shall also notify the requester of the right to an 
administrative appeal.
    H. When the Director, Division of Security Operations, Office of 
Nuclear Security and Incident Response, denies the release of 
classified matter requested under an MDR, the requester may appeal the 
determination to the NRC within 60 days of receipt of the denial.
    I. The appeal must be in writing and submitted to the Office of the 
Executive Director for Operations, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. The appeal:
    1. Must include reference to the determination being appealed; and
    2. Should specify why the requester believes the information does 
not warrant classification.
    J. The NRC shall normally make a determination within 60 working 
days following the receipt of an appeal. If additional time is required 
in rendering a decision, the NRC will notify the requester of the 
additional time needed and the reason for the extension.
    K. The NRC will notify the requester in writing of the final 
decision and of the reason(s) for any denial. The NRC may refuse to 
confirm or deny the existence or nonexistence of the requested 
information whenever the fact of its existence or nonexistence is 
itself classified under E.O. 13526 or successor orders.
    L. If the appeal has been denied, the NRC shall notify the 
requester in writing of the right to appeal the final NRC decision to 
the Interagency Security Classification Appeals Panel (ISCAP). The 
rules and procedures for bringing mandatory declassification appeals 
before the ISCAP are published in ``The Interagency Security 
Classification Appeals Panel (ISCAP) Bylaws, Rules, and Appeal 
Procedures,'' dated July 9, 2012 (77 FR 40261). The appeal to the ISCAP 
must be filed within 60 days of:
    1. The date of the final agency decision;
    2. The agency's failure to provide an initial decision on the 
request for an MDR from the agency within 1 year of its filing; or
    3. The agency's failure to provide a final decision on an agency-
level appeal within 180 days of the filing of the appeal.
    M. Charges for services (e.g., locating and reproducing copies of 
records) will be made, when deemed applicable, in accordance with NRC 
regulations and will be consistent with charges for information 
requested under section 9701 of title 31, United States Code and the 
NRC's regulations implementing the Freedom of Information Act (10 CFR 
9.35--Duplication Fees), or the Privacy Act (10 CFR 9.85--Fees).

II. Instructions for Submitting Suggestions or Questions Regarding the 
NRC's Classified Information Security Program

    Requirements regarding the NRC's Classified Information Security 
Program are contained in NRC Management Directive 12.2, ``NRC 
Classified Information Security Program,'' which is available for 
review and printing in ADAMS under Accession No. ML14142A085. 
Suggestions or questions regarding NRC's Classified Information 
Security Program should be submitted in writing to the U.S. Nuclear 
Regulatory Commission, Director, Division of Security Operations, 
Office of Nuclear Security and Incident Response, U.S. Nuclear 
Regulatory Commission Washington, DC 20555-0001.

    Dated at Rockville, Maryland, this 18th day of September, 2017.

    For the U.S. Nuclear Regulatory Commission,
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2017-20706 Filed 9-26-17; 8:45 am]
 BILLING CODE 7590-01-P