This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

75007

Vol. 69, No. 240

Wednesday, December 15, 2004

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: Proposed rule.

SUMMARY: The Nuclear Regulatory 

Commission (NRC or Commission) is 

proposing to amend 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 

proposing to amend 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 proposing 

to correct the scope section of the 

regulations that govern access 

authorization for licensee personnel to 

include certificate holders and 

applicants for a certificate; to clarify 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; to correct a typographical error 

in the definition of ‘‘security container’’ 

in its facility security regulations; and to 

update the references to Executive 

Order 12958 which has been amended.

DATES: Comments on the proposed rule 

must be received on or before January 

14, 2005.

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the following number 

(RIN 3150–AH52) in the subject line of 

your comments. Comments on 

rulemakings 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 

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: 

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 

website 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 am and 4:15 pm 

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. Selected documents, including 

comments, may be viewed and 

downloaded electronically via the NRC 

rulemaking Web site at http://

ruleforum.llnl.gov. 

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 

Public Document Room (PDR) Reference 

staff at 1–800–397–4209, 301–415–4737 

or by e-mail to pdr@nrc.gov.

Note: Public access to documents, 

including access via ADAMS and the PDR, 

has been temporarily suspended so that 

security reviews of publicly available 

documents may be performed and potentially 

sensitive information removed. However, 

access to the documents identified in this 

rule continues to be available through the 

rulemaking Web site at http://

ruleforum.llnl.gov, which was not affected by 

the ADAMS shutdown. Please check with the 

listed NRC contact concerning any issues 

related to document availability.

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: For 

additional information see the Direct 

Final Rule published in the final rules 

section of this Federal Register. 

Procedural Background 

Because NRC considers this action 

noncontroversial and routine, we are 

publishing this proposed rule 

concurrently as a direct final rule. The 

direct final rule will become effective on 

February 28, 2005. However, if the NRC 

receives significant adverse comments 

on the proposed rule by January 14, 

2005, or if the NRC receives substantive 

comments on information collection 

requirements by January 14, 2005, then 

the NRC will publish a document to 

withdraw the direct final rule. If the 

direct final rule is withdrawn, the NRC 

will address the comments received in 

response to the proposed revisions in a 

subsequent final rule. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period 

for this action if the direct final rule is 

withdrawn. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

75008 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Proposed Rules 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when:

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the staff to 

make a change (other than editorial) to 

the rule.

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; the NRC 

is proposing to adopt the following 

amendments to 10 CFR Parts 25 and 95.

PART 25—ACCESS AUTHORIZATION 

FOR LICENSEE PERSONNEL 

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, 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:

§ 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. 

3. In § 25.5, the definitions of 

Classified National Security 

Information, License, and National 

Security Information are revised to read 

as follows:

§ 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 under 

10 CFR Parts 50, 52, 60, 63, 70, or 72.

* * * * *

National Security Information means 

information that has been determined 

under Executive Order 12958, as 

amended, or any predecessor order to 

require protection against unauthorized 

disclosure and that is so designated.

* * * * *

4. In § 25.17, paragraph (a) is revised 

to read as follows:

§ 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.

* * * * *

5. In § 25.37, paragraph (b) is revised 

to read as follows:

§ 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 

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.

7. Section 95.3 is revised to read as 

follows:

§ 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. 

8. In § 95.5, the definitions of License 

and paragraph (2) of Security container 

are revised to read as follows:

§ 95.5 Definitions.

* * * * *

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.

* * * * *

9. Section 95.59 is revised to read as 

follows:

§ 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 30th day 

of November, 2004. 

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Proposed Rules 75009

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations.

[FR Doc. 04–27406 Filed 12–14–04; 8:45 am] 

BILLING CODE 7590–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 110 and 165 

[CGD05–04–035] 

RIN 1625–AA00, 1625–AA01 

Anchorage Grounds and Safety Zone; 

Delaware River

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

establish a permanent safety zone and to 

modify Anchorage 6 off Deepwater 

Point, Anchorage 7, off Marcus Hook, 

and Anchorage 9, near the entrance to 

Mantua Creek on the Delaware River in 

the area of the Marcus Hook Range 

Channel. The U.S. Army Corps of 

Engineers (USACE) conducts annual 

dredging operations between September 

1 and December 31, which is necessary 

to maintain congressionally authorized 

project depths. The safety zone and 

anchorage modifications are necessary 

to ensure safe vessel transits during the 

dredging operations. These regulations 

will temporarily alter the route of 

vessels transiting the channel and 

requirements for those vessels wishing 

to anchor during the dredging 

operations.

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 14, 2005.

ADDRESSES: You may mail comments 

and related material to Coast Guard 

Marine Safety Office Philadelphia, One 

Washington Avenue, Philadelphia, 

Pennsylvania, 19147. The Marine Safety 

Office Philadelphia Waterways 

Management Branch maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Coast Guard 

Marine Safety Office Philadelphia 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Kevin Sligh or 

Ensign Jill Munsch, Coast Guard Marine 

Safety Office/Group Philadelphia, at 

(215) 271–4889.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–04–035), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting but you may submit a request 

for a meeting by writing to the Marine 

Safety Office Philadelphia, Waterways 

Management Branch to the address 

under ADDRESSES explaining why one 

would be beneficial. If we determine 

that one would aid this rulemaking, we 

will hold one at a time and place 

announced by a later notice in the 

Federal Register. 

Background and Purpose 

USACE conducts annual dredging 

operations on the Delaware River in the 

vicinity of the Marcus Hook Range 

Channel to maintain the authorized 

forty-foot Federal navigation project 

depth. The dredging occurs between 

September 1 and December 31 of each 

year. 

To reduce the hazards associated with 

dredging the channel, vessel traffic that 

would normally transit through the 

Marcus Hook Range Channel will be 

diverted through part of Anchorage 7 

during the dredging operations. 

Therefore, additional requirements and 

restrictions on the use of Anchorage 7 

are necessary.

For the protection of mariners 

transiting in the vicinity of dredging 

operations, the Coast Guard also 

proposes to establish a safety zone in all 

waters within a 150-yard radius around 

the dredging vessels. The safety zone is 

intended to protect mariners from the 

potential hazards associated with 

dredging operations and equipment, and 

to protect vessels engaged in dredging 

operations. 

Discussion of Proposed Rule 

The Coast Guard proposes to place a 

permanent safety zone in waters within 

a 150-yard radius around vessels 

engaged in dredging operations in the 

Marcus Hook Range Channel and to 

place additional requirements and 

restrictions at Anchorage 6 and 

Anchorage 7. 

The safety zone will protect mariners 

transiting the area from the potential 

hazards associated with dredging 

operations. Vessels transiting the 

Marcus Hook Range Channel will need 

to divert from the main ship channel 

through Anchorage 7 and must operate 

at the minimum safe speed necessary to 

maintain steerage and reduce wake. No 

vessel would be allowed to enter the 

safety zone unless it received 

permission from the Captain of the Port 

or his designated representative. 

The Coast Guard is proposing the 

placement of additional requirements 

on vessels in the affected anchorages. 

Pursuant to 33 CFR Section 

110.157(b)(2) vessels are allowed to 

anchor for up to 48 hours in the 

anchorage grounds listed in 

§ 110.157(a), which includes Anchorage 

7. However, because of the limited 

anchorage space available in Anchorage 

7, the Coast Guard is adding a paragraph 

in 33 CFR 110.157(b) to provide 

additional requirements and restrictions 

on vessels utilizing Anchorage 7 during 

the USACE dredging of Marcus Hook 

Reach Channel. During the enforcement 

period, vessels desiring to use 

Anchorage 7 must obtain permission 

from the Captain of the Port 

Philadelphia at least 24 hours in 

advance. The Captain of the Port would 

permit only one vessel at a time to 

anchor in Anchorage 7 and would grant 

permission on a ‘‘first come, first serve’’

basis. A vessel would be directed to a 

location within Anchorage 7 where it 

may anchor, and would not be 

permitted to remain in Anchorage 7 for 

more than 12 hours. 

The Coast Guard expects that vessels 

normally permitted to anchor in 

Anchorage 7 would use Anchorage 6 or 

Anchorage 9, because they are the next 

closest anchorage grounds. To control 

access to Anchorage 7, the Coast Guard 

proposes to require a vessel desiring to 

anchor in Anchorage 7 to obtain 

advance permission from the Captain of 

the Port. To control access to 

Anchorages 6 and 9, the Coast Guard 

would require any vessel 700 feet or 

greater in length to obtain advance 

permission from the Captain of the Port 

before anchoring. Anchorages 6 and 9 

are not as large as Anchorage 7; 

therefore the need exists to have one or 

two tugs on scene while a vessel is 

anchored in those anchorages. The 

purpose of this is to prohibit vessels 

from swinging into the channel or going