This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

74949

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: Direct final rule.

SUMMARY: The Nuclear Regulatory 

Commission (NRC or Commission) is 

amending 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 

amending 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 correcting 

the scope section of the regulations that 

govern access authorization for licensee 

personnel to include certificate holders 

and applicants for a certificate; 

clarifying 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; 

correcting a typographical error in the 

definition of ‘‘security container’’ in its 

facility security regulations; and 

updating the references to Executive 

Order 12958 which has been amended.

DATES: The final rule is effective on 

February 28, 2005, unless significant 

adverse comments are received by 

January 14, 2005. 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 

unacceptable without a change. In 

addition, if the NRC receives 

substantive comments on the 

information collection requirements by 

January 14, 2005, the direct final rule 

will be withdrawn. Then, the NRC will 

publish a document that withdraws the 

direct final rule and will address the 

comments received in a final rule as a 

response to the companion proposed 

rule published elsewhere in this issue of 

the Federal Register.

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 

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. 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: 

Background 

NRC’s regulations at 10 CFR Parts 25 

and 95 govern access to and protection 

of classified information by licensees or 

other persons who have a need for 

access to this information. Part 25 

contains procedures for establishing 

initial and continuing eligibility for 

access authorizations for individuals 

74950 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

who may require access to classified 

information. Part 95 contains 

procedures for obtaining a facility 

security clearance for licensees, 

certificate holders, or other persons who 

need to use, process, store, reproduce, 

transmit, transport, or handle certain 

types of NRC classified information at 

any location in connection with 

Commission-related activities. The 

purpose of this rulemaking is to amend 

Parts 25 and 95 to: (1) Add references 

to 10 CFR Parts 60 and 63 in §§ 25.5, 

25.17(a) and 95.5; (2) expand the scope 

of §§ 25.3 and 95.3 to include persons 

who may not be licensees or certificate 

holders or applicants for a license or 

certificate; (3) clarify the definition of 

‘‘license’’ in §§ 25.5 and 95.5 to include 

a reference to Part 52; (4) correct the 

omission of a reference to certificate 

holders in § 25.3; (5) correct a 

typographical error in the definition of 

‘‘security container’’ in § 95.5; and (6) 

update references to Executive Order 

12958 to reflect that this Executive 

Order has been amended and could be 

further amended in the future. 

Discussion 

Although 10 CFR 25.3 speaks broadly 

of the regulations that apply to 

‘‘licensees and others who may require 

access to classified information related 

to a license or an application for a 

license,’’ in 10 CFR 25.5, ‘‘license’’ is 

defined to mean ‘‘a license issued 

pursuant to 10 CFR Parts 50, 70, or 72.’’

Similarly, 10 CFR 95.3 states that the 

regulations apply to licensees and 

certificate holders and others regulated 

by the Commission who need access in 

connection with a license or certificate 

or an application for a license or 

certificate. However, at 10 CFR 95.5, 

‘‘license’’ is defined to mean ‘‘a license 

issued pursuant to 10 CFR Parts 50, 70, 

or 72.’’ Absent from these provisions is 

any reference to the Commission’s 

regulations that govern the issuance of 

construction authorizations and licenses 

for disposal of high-level radioactive 

waste in geologic repositories (10 CFR 

Part 60) or in a potential geologic 

repository at Yucca Mountain, Nevada 

(10 CFR Part 63). Parts 25 and 95 were 

published on March 5, 1980; 45 FR 

14476, before issuance of Part 60 

(February 25, 1981; 46 FR 13971) or Part 

63 (November 2, 2001; 66 FR 55732) and 

Parts 25 and 95 were not amended to 

include these regulations. The 

Commission currently anticipates 

receiving a license application from the 

U.S. Department of Energy under the 

provisions of Part 63. An adjudicatory 

proceeding on this license application 

could implicate the need for access 

authorizations and facility security 

clearances by persons who are admitted 

as parties to the proceeding. 

Accordingly, NRC is amending the 

definition of ‘‘license’’ in §§ 25.5 and 

95.5 to include references to licenses 

issued under Parts 60 and 63. For the 

same reason, references to Parts 60 and 

63 are added to § 25.17(a).

A second restriction that presently 

exists in 10 CFR 25.3 and 95.3 is that 

the requested access authorizations or 

facility security clearances must be 

related to a license or certificate, or an 

application for a license or certificate. 

There may be, however, certain 

Commission-related activities 

undertaken by entities who are not 

licensees or certificate holders, or 

applicants for a license or certificate 

where an access authorization or facility 

security clearance may be needed. The 

NRC believes there is a need for access 

authorizations and facility security 

clearances for vendors who are involved 

in the design of advanced reactors. 

These vendors could need access to 

classified information which would 

enable them to consider potential 

mitigative measures for operating 

reactors and design features for the 

various advanced reactor systems. 

Currently, a vendor who is not an NRC 

licensee or a contractor to an NRC 

licensee and does not have a facility 

clearance or access authorization 

provided by another Government 

agency, is not eligible for an access 

authorization or a facility security 

clearance under Parts 25 and 95. NRC 

believes that most current vendors of 

advanced reactor designs are NRC 

licensees or contractors to NRC 

licensees or holders of clearances from 

other Government agencies. However, to 

allow for the possibility that there could 

be vendors who would need to seek 

access authorizations and facility 

security clearances through the 

regulations at Parts 25 and 95, the NRC 

is adding language to the scope sections 

of these parts to allow the processing of 

requests for access authorization or 

facility security clearances with respect 

to ‘‘other activities as the Commission 

may determine.’’ This language could 

also be used to begin the processing of 

such requests, in advance of NRC’s 

receipt of a license application under 

Part 63, by potential parties in an 

adjudication on the application, or in 

circumstances when a need for access 

authorization might arise in the future. 

Further, the NRC is clarifying the 

definition of ‘‘license’’ in §§ 25.5 and 

95.5 to include a reference to Part 52 

which contains provisions for combined 

licenses in Subpart C and for 

manufacturing licenses in Appendix M. 

Although NRC’s intent that access 

authorizations needed in connection 

with activities under Part 52 be 

included is evidenced by a reference to 

Part 52 in § 25.17(a), a similar reference 

to Part 52 does not appear in the 

definition of ‘‘license’’ in §§ 25.5 and 

95.5. The Commission is correcting this 

oversight in this rulemaking. 

In this rulemaking, the NRC is also 

correcting the omission of a reference to 

certificate holders in § 25.3. Although 

§ 25.5 includes a definition of 

‘‘certificate holder’’ and § 25.17(a) 

includes activities under Part 76 that 

issue certificates to gaseous diffusion 

plants, § 25.3, unlike § 95.3, does not 

include a reference to certificate holders 

or certificates. The NRC believes this is 

an oversight that is now being corrected. 

In addition, the NRC is correcting a 

typographical error which appears in 

the definition of ‘‘security container’’ in 

§ 95.5. In the description of a ‘‘safe’’ in 

paragraph (2), the phrase ‘‘at least 1⁄2

thick’’ should read ‘‘at least 1⁄2 inch 

thick.’’ 

Finally, NRC is amending references 

to Executive Order 12958 where they 

appear in Parts 25 and 95 to include the 

phrase ‘‘as amended.’’ This reflects that 

Executive Order 12958 was amended on 

March 25, 2003 by Executive Order 

13292 (68 FR 15315; March 28, 2003) 

and could be further amended in the 

future. 

Discussion of Amendment by Section 

Section 25.3 Scope 

The current scope limits the access to 

classified information to access ‘‘related 

to a license or an application for a 

license.’’ This scope is broadened to 

include persons who may need access 

in connection with other activities as 

the Commission may determine, such as 

vendors of advanced reactor designs. 

Thus, the phrase ‘‘or other activities as 

the Commission may determine’’ is 

added to this section. The Commission 

is also correcting an oversight by 

including certificate holders in this 

section. 

Section 25.5 Definitions 

References to Parts 52, 60, and 63 are 

added to the definition of ‘‘license.’’ 

The phrase ‘‘Executive Order 12958’’ 

is replaced by ‘‘Executive Order 12958, 

as amended’’ under definitions of 

‘‘classified national security 

information’’ and ‘‘national security 

information.’’ 

Section 25.17 Approval for Processing 

Applicants for Access Authorizations 

References to Parts 60 and 63 are 

added to paragraph (a). 

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 74951

Section 25.37 Violations 

The phrase, ‘‘Executive Order 12958’’

is replaced by ‘‘Executive Order 12958, 

as amended’’ in paragraph (b). 

Section 95.3 Scope 

The current scope applies to 

‘‘licensees, certificate holders and others 

regulated by the Commission’’ who may 

require access to certain types of 

classified information ‘‘in connection 

with a license or certificate or an 

application for a license or certificate.’’

The Commission is broadening 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 other activities as the 

Commission may determine, such as 

vendors of advanced reactor designs. 

Thus, the phrase ‘‘regulated by the 

Commission’’ is deleted and the phrase 

‘‘or other activities as the Commission 

may determine’’ is added.

Section 95.5 Definitions 

References to Parts 52, 60, and 63 are 

added under the definition of ‘‘license.’’

The phrase ‘‘E.O. 12958’’ is replaced 

by ‘‘E.O. 12958, as amended’’ under 

definitions of ‘‘classified national 

security information,’’ ‘‘infraction,’’ and 

‘‘violation.’’

The phrase ‘‘at least 1⁄2 thick’’ is 

replaced by ‘‘at least 1⁄2 inch thick’’

under the definition of ‘‘Security 

container,’’ paragraph (2). 

Section 95.59 Inspections 

The phrase ‘‘E.O. 12958’’ is replaced 

by ‘‘E.O. 12958, as amended.’’

Procedural Background 

This rulemaking will become effective 

on February 28, 2005. However, if the 

NRC receives significant adverse 

comments 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 that withdraws the 

direct final rule and will address the 

comments received in a final rule as a 

response to the companion proposed 

rule published elsewhere in this issue of 

the Federal Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action. 

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 

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. 

Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register on 

September 3, 1997 (62 FR 46517), this 

rule is classified as Compatibility 

Category ‘‘NRC.’’ Compatibility is not 

required for Category ‘‘NRC’’

regulations. The NRC program elements 

in this category are those that relate 

directly to areas of regulation reserved 

to the NRC by the Atomic Energy Act of 

1954, as amended (AEA), or the 

provisions of Title 10 of the Code of 

Federal Regulations. Although an 

Agreement State may not adopt program 

elements reserved to NRC, it may wish 

to inform its licensees of certain 

requirements via a mechanism that is 

consistent with the particular State’s 

administrative procedure laws but does 

not confer regulatory authority on the 

State. 

Plain Language 

The Presidential Memorandum dated 

June 1, 1998, entitled, ‘‘Plain Language 

in Government Writing’’ directed that 

the Government’s writing be in plain 

language. The NRC requests comments 

on this direct final rule specifically with 

respect to the clarity and effectiveness 

of the language used. Comments should 

be sent to the address listed under the 

heading ADDRESSES above. 

Voluntary Consensus Standards 

The National Technology Transfer Act 

of 1995 (Pub. L. 104–113) requires that 

Federal agencies use technical standards 

that are developed or adopted by 

voluntary consensus standards bodies 

unless the use of such a standard is 

inconsistent with applicable law or 

otherwise impractical. In this direct 

final rule, the NRC broadens the scope 

of Parts 25 and 95 by adding references 

to Parts 60 and 63 and by including 

language in the scope sections which 

will enable NRC to consider access 

authorizations and facility security 

clearance for persons who are not 

licensees or certificate holders or 

applicants for a license or certificate. 

This action does not constitute the 

establishment of a standard that 

establishes generally applicable 

requirements. 

Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

direct final rule is the type of action 

described in categorical exclusion 10 

CFR 51.22(c)(1). Therefore neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this direct final rule. 

Paperwork Reduction Act Statement 

This direct final rule contains 

amended information collection 

requirements that are subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq). This rule has been 

submitted to the Office of Management 

and Budget for review and approval of 

the information collection requirements. 

Type of submission, new or revision:

Revision. 

The title of the information collection:

10 CFR Part 25—Access Authorization 

for Licensee Personnel; 10 CFR Part 

95—Facility Security Clearance and 

Safeguarding of National Security 

Information and Restricted Data. 

The form number if applicable: Not 

applicable. 

How often the collection is required:

On occasion.

Who will be required or asked to 

report: Persons who may need access in 

connection with licensing and 

regulatory activities under 10 CFR Parts 

60 and 63 for the disposal of high-level 

radioactive waste in geologic 

repositories and in connection with 

other activities as the Commission may 

determine, such as vendors of advanced 

reactor designs. 

An estimate of the number of annual 

responses: 688 (Part 25: 572; Part 

95:116). 

The estimated number of respondents 

(one time): 34 (Part 25: 28; Part 95: 6). 

An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 485 (Part 25: 

150; Part 95: 335).

74952 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

Abstract: The NRC is broadening the 

scope of its 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 10 CFR Parts 

60 and 63 for 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 

broadening the scope of its 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. 

The U.S. Nuclear Regulatory 

Commission is seeking public comment 

on the potential impact of the 

information collections contained in 

this direct final rule and on the 

following issues: 

1. Is the proposed information 

collection necessary for the proper 

performance of the functions of the 

NRC, including whether the information 

will have practical utility? 

2. Is the estimate of burden accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques? 

A copy of the OMB clearance package 

may be viewed free of charge at the NRC 

Public Document Room, One White 

Flint North, 11555 Rockville Pike, Room 

O–1 F21, Rockville, MD 20852. The 

OMB clearance package and rule are 

available at the NRC worldwide Web 

site: http://www.nrc.gov/public-involve/

doc-comment/omb/index.html for 60 

days after the signature date of this 

notice and are also available at the rule 

forum site, http://ruleforum.llnl.gov.

Send comments on any aspect of 

these proposed information collections, 

including suggestions for reducing the 

burden and on the above issues, by 

January 14, 2005 to the Records and 

FOIA/Privacy Services Branch (T–5 

F52), U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, or by Internet electronic mail to 

INFOCOLLECTS@NRC.GOV and to the 

Desk Officer, John A. Asalone, Office of 

Information and Regulatory Affairs, 

NEOB–10202, (3150–0046 and 3150–

0047), Office of Management and 

Budget, Washington, DC 20503. 

Comments received after this date will 

be considered if it is practical to do so, 

but assurance of consideration cannot 

be given to comments received after this 

date. You may also e-mail comments to 

John_A._Asalone@omb.eop.gov or 

comment by telephone at (202) 395–

4650. 

Public Protection Notification

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Regulatory Analysis 

A regulatory analysis has not been 

prepared for this direct final rule 

because this rule is considered minor 

and not a substantial amendment; it has 

no economic impact on NRC licensees 

or the public. 

Regulatory Flexibility Certification 

In accordance with the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 605(b)), 

the Commission certifies that this rule 

does not have a significant economic 

impact on a substantial number of small 

entities. This rule merely makes 

procedures available to individuals and 

entities for obtaining access 

authorizations and facility security 

clearances in connection with licensing 

activities under Parts 60 and 63 or with 

other activities as the Commission may 

determine, corrects the omission of a 

reference to Part 52 in the definition of 

‘‘license’’ in Parts 25 and 95, corrects 

the omission of a reference to certificate 

holders in Part 25, updates references to 

Executive Order 12958, and clarifies a 

dimension used to describe a security 

container. 

Backfit Analysis 

The NRC has determined that the 

backfit rule (§§ 50.109, 70.76, 72.62, or 

76.76) does not apply to this direct final 

rule because this amendment does not 

involve any provisions that would 

impose backfits as defined in the backfit 

rule. Therefore, a backfit analysis is not 

required. 

Small Business Regulatory Enforcement 

Fairness Act 

In accordance with the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, the NRC has 

determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

OMB.

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 and 553; the 

NRC is adopting 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 

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 74953

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.

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations.

[FR Doc. 04–27405 Filed 12–14–04; 8:45 am] 

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19405; Airspace 

Docket No. 2004–ASW–14] 

Modification to Class E Airspace; 

Mena, AR

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action revises the Class 

E airspace area at Mena Intermountain 

Municipal Airport, Mena, AR (M39) to 

provide adequate controlled airspace for 

the redesigned Non-Directional Beacon 

(NDB) and the new Instrument Landing 

System (ILS) and Localizer (LOC) SIAPs.

DATES: Effective 0901 UTC, March 17, 

2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 30, 2004.

ADDRESSES: Send comments on the rule 

to the Docket Management System, U.S. 

Department of Transportation, Room 

Plaza 401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. You must 

identify the docket number, FAA–2004–

19405/Airspace Docket No. 2004–ASW–

14, at the beginning of your comments. 

You may also submit comments on the 

Internet at http://dms.dot.gov. Anyone 

can find and read the comments 

received in this docket, including the 

name, address and any other personal 

information placed in the docket by a 

commenter. You may review the public 

docket containing any comments 

received and this direct final rule in 

person at the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647–

5527) is located on the plaza level of the 

Department of Transportation NASSIF 

Building at the street address stated 

previously. 

An informal docket may also be 

examined during normal business hours 

at the office of the Air Traffic Division, 

Airspace Branch, Federal Aviation 

Administration, Southwest Region, 2601 

Meacham Boulevard, Fort Worth, TX. 

Call the manager, Airspace Branch, 

ASW–520, telephone (817) 222–5520; 

fax (817) 222–5981, to make 

arrangements for your visit.

FOR FURTHER INFORMATION CONTACT:

Joseph R. Yadouga, Air Traffic Division, 

Airspace Branch, Federal Aviation 

Administration, Southwest Region, Fort 

Worth, TX 76193–0520; telephone: (817) 

222–5597.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR Part 71 modifies 

the Class E airspace area extending 

upward from 700 feet above the surface 

of Mena, AR and will be published in 

paragraph 6005 of FAA Order 7400.9M, 

dated August 30, 2004, and effective 

September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in an adverse 

or negative comment, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this regulation only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary