[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Pages 74949-74953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27405]



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

[[Page 74949]]



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: <a href="/cdn-cgi/l/email-protection#80d3c5c3d9c0eef2e3aee7eff6"><span class="__cf_email__" data-cfemail="3063757369705e42531e575f46">[email protected]</span></a>. 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 
<a href="/cdn-cgi/l/email-protection#8feceee8cfe1fdeca1e8e0f9"><span class="__cf_email__" data-cfemail="680b090f28061a0b460f071e">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#3a4a5e487a544859145d554c"><span class="__cf_email__" data-cfemail="20504452604e52430e474f56">[email protected]</span></a>.

    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 
<a href="/cdn-cgi/l/email-protection#82e3ecf6c2ecf0e1ace5edf4"><span class="__cf_email__" data-cfemail="3e5f504a7e504c5d10595148">[email protected]</span></a>.

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

[[Page 74950]]

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 Sec. Sec.  
25.5, 25.17(a) and 95.5; (2) expand the scope of Sec. Sec.  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 Sec. Sec.  25.5 and 95.5 to include a reference to 
Part 52; (4) correct the omission of a reference to certificate holders 
in Sec.  25.3; (5) correct a typographical error in the definition of 
``security container'' in Sec.  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 Sec. Sec.  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 Sec.  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 
Sec. Sec.  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 Sec.  25.17(a), a 
similar reference to Part 52 does not appear in the definition of 
``license'' in Sec. Sec.  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 Sec.  25.3. Although Sec.  25.5 
includes a definition of ``certificate holder'' and Sec.  25.17(a) 
includes activities under Part 76 that issue certificates to gaseous 
diffusion plants, Sec.  25.3, unlike Sec.  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 Sec.  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).

[[Page 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-and-comment 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).

[[Page 74952]]

    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 
<a href="/cdn-cgi/l/email-protection#b9f0f7fff6faf6f5f5fcfaedeaf9f7ebfa97fef6ef"><span class="__cf_email__" data-cfemail="642d2a222b272b282821273037242a36274a232b32">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#da90b5b2b4859bf4859ba9bbb6b5b4bf9ab5b7b8f4bfb5aaf4bdb5ac"><span class="__cf_email__" data-cfemail="92d8fdfafccdd3bccdd3e1f3fefdfcf7d2fdfff0bcf7fde2bcf5fde4">[email protected]</span></a> 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 (Sec. Sec.  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.


0
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

0
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).


0
2. Section 25.3 is revised to read as follows:


Sec.  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.

0
3. In Sec.  25.5, the definitions of Classified National Security 
Information, License, and National Security Information are revised to 
read as follows:


Sec.  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

[[Page 74953]]

under Executive Order 12958, as amended, or any predecessor order to 
require protection against unauthorized disclosure and that is so 
designated.
* * * * *

0
4. In Sec.  25.17, paragraph (a) is revised to read as follows:


Sec.  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.
* * * * *

0
5. In Sec.  25.37, paragraph (b) is revised to read as follows:


Sec.  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

0
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.


0
7. Section 95.3 is revised to read as follows:


Sec.  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.

0
8. In Sec.  95.5, the definitions of License and paragraph (2) of 
Security container are revised to read as follows:


Sec.  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 1\1/2\ 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.
* * * * *

0
9. Section 95.59 is revised to read as follows:


Sec.  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


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