[govinfo] GovInfo News - 11-02-06

  • From: "Patrice McDermott" <pmcdermott@xxxxxxxxxxxxxxxxxxxxx>
  • To: "govinfo@xxxxxxxxxxxxx" <govinfo@xxxxxxxxxxxxx>
  • Date: Thu, 2 Nov 2006 11:59:33 -0500

- GovExec TV
- Protection of Safeguards Information (Proposed Rule)

Patrice McDermott, Director
1742 Connecticut Ave NW, 3rd floor
Washington, DC 20009
202.332.OPEN (6736)

- GovExec TV
New endeavor from Government Executive magazine (put out by National Journal). 
A little odd -- and the traffic going past in the back is dizzying -- but it 
may be worth seeing what they do with it.

- Protection of Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.


SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations for the protection of Safeguards Information (SGI) to
protect SGI from inadvertent release and unauthorized disclosure which
might compromise the security of nuclear facilities and materials. The
amendments would affect certain licensees, information, and materials
not currently subject to SGI regulations, but which are within the
scope of Commission authority under the Atomic Energy Act of 1954, as
amended (AEA). The NRC originally published a proposed rule on SGI on
February 11, 2005 (70 FR 7196). The NRC is again publishing the
proposed rule on SGI protection requirements in order to allow the
public to comment on changes to the proposed rule text in response to
public comment and to reflect amendments to the AEA in the Energy
Policy Act of 2005 (EPAct) and Commission Orders issued to licensees
authorized to possess and transfer items containing certain quantities
of radioactive material.

DATES: The comment period expires January 2, 2007. Submit comments
specific to information collection aspects of this rule January 2,
2007. Comments received after that 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.

ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AH57) in the subject line
of your comments. Comments on this rulemaking submitted in writing or
in electronic form will be made available for public inspection. 
Because your comments will not be edited to remove identifying
information, the NRC cautions against including personal information
such as social security numbers and birth dates in your submission.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attn: Rulemaking and Adjudications Staff.
    E-mail comments to: SECY@xxxxxxxx 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 at (301) 415-5905; e-
mail: cag@xxxxxxxx Comments can also be submitted via the Federal
Rulemaking 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 examined and copied for a fee at the NRC's Public Document Room
(PDR), Public File Area 01F21, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland. Selected documents, including comments, can
be reviewed and downloaded electronically via the NRC rulemaking Web
site at http://ruleforum.llnl.gov.

    You may submit comments on the information collections by the
methods indicated in the Paperwork Reduction Act Statement.
    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/ NRC/ADAMS/index.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's PDR Reference staff at 1-800-397-4209, 301-415-4737
or by e-mail to pdr@xxxxxxxx

FOR FURTHER INFORMATION CONTACT: Marjorie Rothschild, Senior Attorney,
Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-1633, e-mail MUR@xxxxxxx
or Bernard Stapleton, Office of Nuclear Security and Incident Response,
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301) 415-2432, e-mail BWS2@xxxxxxxx


    We have revised the original proposed rule to reflect the new
requirements under the EPAct, and the final rule cited above, and we
are again seeking public comment before promulgating a final SGI rule.
We have also made revisions to reflect public comments on the original
proposed rule, recent Commission direction, and Orders issued to 
licensees authorized to possess and transfer items containing certain
quantities of radioactive material.
    The Commission requests that comments on this revised proposed rule
focus on the changes and additions to the original proposed rule and
not on areas discussed in previous comments. Because the public has
already had opportunity to comment on much of the material contained in
this revised proposed rule, the Commission has determined that a 60-day
comment period is appropriate, and requests for extension of the 
commenting period will not be granted.
    SGI is a special category of sensitive unclassified information to
be protected from unauthorized disclosure under Section 147 of the AEA.
Although SGI is considered to be sensitive unclassified information, it
is handled and protected more like Classified National Security
Information than like other sensitive unclassified information (e.g.,
privacy and proprietary information). Part 73, ``Physical Protection of
Plants and Materials,'' of the NRC's regulations in Title 10 of the
Code of Federal Regulations (CFR) contains requirements for the
protection of SGI. Commission orders issued since September 11, 2001,
have also imposed requirements for the designation and protection of
SGI. These requirements apply to SGI in the hands of any person, 
whether or not a licensee of the Commission, who produces, receives, or
acquires SGI. An individual's access to SGI requires both a valid
``need to know'' the information and authorization based on an
appropriate background investigation. Power reactors, certain research
and test reactors, and independent spent fuel storage installations are
examples of the categories of licensees currently subject to the 
provisions of 10 CFR part 73 for the protection of SGI. Examples of the
types of information designated as SGI include the physical security
plan for a licensee's facility, the design features of a licensee's
physical protection system, and operational procedures for the
licensee's security organization.


Patrice McDermott, Director
1742 Connecticut Ave NW, 3rd floor
Washington, DC 20009
202.332.OPEN (6736)


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