39340 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 

historically valuable records and 

authorize the disposal of all other 

records after the agency no longer needs 

them to conduct its business. Some 

schedules are comprehensive and cover 

all the records of an agency or one of its 

major subdivisions. Most schedules, 

however, cover records of only one 

office or program or a few series of 

records. Many of these update 

previously approved schedules, and 

some include records proposed as 

permanent. 

The schedules listed in this notice are 

media neutral unless specified 

otherwise. An item in a schedule is 

media neutral when the disposition 

instructions may be applied to records 

regardless of the medium in which the 

records are created and maintained. 

Items included in schedules submitted 

to NARA on or after December 17, 2007, 

are media neutral unless the item is 

limited to a specific medium. (See 36 

CFR 1228.24(b)(3).) 

No Federal records are authorized for 

destruction without the approval of the 

Archivist of the United States. This 

approval is granted only after a 

thorough consideration of their 

administrative use by the agency of 

origin, the rights of the Government and 

of private persons directly affected by 

the Government’s activities, and 

whether or not they have historical or 

other value. 

Besides identifying the Federal 

agencies and any subdivisions 

requesting disposition authority, this 

public notice lists the organizational 

unit(s) accumulating the records or 

indicates agency-wide applicability in 

the case of schedules that cover records 

that may be accumulated throughout an 

agency. This notice provides the control 

number assigned to each schedule, the 

total number of schedule items, and the 

number of temporary items (the records 

proposed for destruction). It also 

includes a brief description of the 

temporary records. The records 

schedule itself contains a full 

description of the records at the file unit 

level as well as their disposition. If 

NARA staff has prepared an appraisal 

memorandum for the schedule, it too 

includes information about the records. 

Further information about the 

disposition process is available on 

request. 

Schedules Pending 

1. Department of Agriculture, Risk 

Management Agency (N1–258–08–14, 3 

items, 3 temporary items). Records 

relating to legal matters, including such 

records as legal opinions and records 

relating to hearings and other legal 

proceedings. 

2. Department of Agriculture, Risk 

Management Agency (N1–258–08–17, 1 

item, 1 temporary item). Status and 

activity reports related to financial 

priorities. 

3. Department of Homeland Security, 

U.S. Secret Service (N1–87–09–5, 3 

items, 2 temporary items). Master files 

associated with an electronic global 

positioning system that contain data of 

a routine nature. Also included are 

backup files. Data that pertains to 

significant events or unusual 

occurrences is proposed for permanent 

retention. 

4. Department of the Interior, Office of 

the Secretary (N1–48–08–6, 7 items, 5 

temporary items). Routine 

correspondence, chronological files, 

daily schedules, working papers, and 

other routine administrative records. 

Proposed for permanent retention are 

high level program correspondence files 

and records, such as appointment books 

and calendars that document the 

activities of the Secretary. 

5. Department of Transportation, 

Federal Aviation Administration (N1– 

237–09–1, 2 items, 2 temporary items). 

Images of agreements relating to flight 

inspection services and a related data 

base used to track the status of 

agreements. 

6. Department of the Treasury, 

Departmental Offices (N1–56–09–5, 2 

items, 1 temporary item). Strategic 

planning records that document the 

preparation of strategic plans of specific 

organizations within the Department of 

the Treasury. Strategic planning records 

that relate to the Treasury Strategic Plan 

are proposed for permanent retention. 

7. Department of the Treasury, 

Treasury Inspector General for Tax 

Administration (N1–56–09–6, 4 items, 4 

temporary items). Records related to 

audits, including guidance documents, 

reports, studies, and an electronic 

information system to track audits and 

manage audit workflow. 

8. Department of the Treasury, 

Alcohol and Tobacco Tax and Trade 

Bureau (N–564–09–9, 1 item, 1 

temporary item). Master files associated 

with an electronic system used to track 

and collect special occupational and 

floor stocks taxes. 

9. Department of the Treasury, 

Alcohol and Tobacco Tax and Trade 

Bureau (N–564–09–13, 1 item, 1 

temporary item). Master files of an 

electronic information system used to 

manage library operations. 

10. Department of the Treasury, 

Community Development Financial 

Institution (N1–56–09–14, 6 items, 6 

temporary items). Records relating to 

the agency’s public Web site, including 

operational records and Web content 

records. 

11. Department of the Treasury, 

Internal Revenue Service (N1–58–09– 

33, 1 item, 1 temporary item). Master 

files associated with an electronic 

information system used to assist 

agency employees in contacting other 

staff who have access to the agency’s 

integrated data retrieval system. 

12. Department of the Treasury, 

Internal Revenue Service (N1–58–09– 

37, 1 item, 1 temporary item). Master 

files associated with an electronic 

information system used to update 

taxpayer information with the latest 

transactions and status. 

13. Department of the Treasury, 

Internal Revenue Service (N1–58–09– 

44, 2 items, 2 temporary items). Master 

files and outputs associated with an 

electronic information system used to 

provide Federal tax deposit coupons to 

business taxpayers. 

14. Department of the Treasury, 

Internal Revenue Service (N1–58–09– 

45, 1 item, 1 temporary item). Master 

files associated with an electronic 

information system used to generate 

notices informing taxpayers that there 

are discrepancies in their tax returns. 

15. Equal Employment Opportunity 

Commission, Office of Inspector General 

(N1–403–08–1, 7 items, 5 temporary 

items). Routine investigative files, audit 

case files, and background materials 

relating to semiannual reports to 

Congress. Proposed for permanent 

retention are semiannual reports to 

Congress and historically significant 

investigative case files. 

Dated: July 31, 2009. 

Michael J. Kurtz, 

Assistant Archivist for Records Services, 

Washington, DC. 

[FR Doc. E9–18953 Filed 8–5–09; 8:45 am] 

BILLING CODE 7515–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0342; IA–09–026] 

In the Matter of Mr. Michael T. Hackett; 

Confirmatory Order (Effective 

Immediately) 

I 

Mr. Michael Hackett is currently the 

Radiation Safety Officer (RSO) for the 

Department of Veterans Affairs (DVA) 

Medical Center, located in Lexington, 

Kentucky, and is named as such on 

Permit 16–08896–04, issued by the 

Department of Veterans Affairs 

(licensee) under the authority granted 

them by Master Materials License 

(MML) Number 03–23853–01VA. 


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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 39341 

This Confirmatory Order is the result 

of an agreement reached during an 

Alternative Dispute Resolution (ADR) 

mediation session conducted on June 

26, 2009. 

II 

On September 17, 2007, the DVA 

National Health Physics Program 

(NHPP) inspectors performed an 

inspection at the DVA Medical Center 

located in Lexington, Kentucky. The 

Medical Center is a permitee under the 

DVA’s MML. During the inspection, the 

NHPP inspectors determined that the 

RSO had not implemented portions of 

the radiation safety program including 

not holding periodic Radiation Safety 

Committee meetings; not performing 

annual program reviews; and not 

performing required hazardous material 

training. Furthermore, the NHPP 

determined that the RSO’s actions were 

deliberate. A contributing cause was the 

permitee’s assignment of a collateral 

duty to the RSO as the Controlled 

Substance Coordinator. 

Based on the NHPP determination, 

the NRC began an investigation into the 

actions of the RSO. On December 18, 

2008, the Office of Investigations issued 

an investigation report and on February 

23, 2009, the NRC determined that 

violations of NRC requirements had 

occurred at the DVA Medical Center 

located in Lexington, Kentucky. The 

NRC also preliminarily determined that 

Mr. Michael Hackett’s actions, as the 

RSO, caused the permittee to be in 

apparent violation of the above 

requirements. 

The results of the investigation were 

sent to Mr. Michael Hackett in a letter 

dated April 16, 2009. This letter offered 

Mr. Michael Hackett the opportunity to 

either participate in Alternative Dispute 

Resolution (ADR) mediation or to attend 

a Predecisional Enforcement 

Conference. In response to the NRC’s 

offer, Mr. Michael Hackett requested use 

of the NRC’s ADR process to resolve the 

differences he had with the NRC. On 

May 18, 2009, the NRC and Mr. Michael 

Hackett agreed to mediate. On June 26, 

2009, the NRC and Mr. Michael Hackett 

participated in an ADR session 

mediated by a professional mediator, 

arranged through Cornell University’s 

Institute on Conflict Resolution. As used 

by the NRC, ADR is a process in which 

a neutral mediator with no decisionmaking authority assists the parties in 

reaching an agreement on resolving any 

differences regarding the dispute. This 

Confirmatory Order is issued pursuant 

to the agreement reached during the 

ADR process. 

III 

During the June 26, 2009, ADR 

session, a preliminary settlement 

agreement was reached. The elements of 

the agreement consisted of the 

following: 

1. Mr. Michael Hackett agrees to 

submit to the NRC and NHPP a plan on 

how he will accomplish all the tasks 

assigned to him as RSO in the permit, 

and what steps he will take to ensure 

that the infrastructure exists for those 

duties with a long periodicity (i.e., once 

a year, or once every three years) and 

what steps he will take to ensure that 

the permittee, the NHPP, and the NRC 

are aware that he is accomplishing his 

assigned duties within 60 days of the 

issuance of the Confirmatory Order. In 

addition to the above, such plan shall 

contain the following: 

a. Within 45 days following each 

periodic (quarterly) Radiation Safety 

Committee meeting, Mr. Michael 

Hackett will provide minutes of the 

meeting to the permitee, the NHPP, and 

the NRC. This will continue for a period 

of one year from the date of the issuance 

of the Confirmatory Order. 

b. Within 45 days following 

completion of the next annual program 

review following issuance of the 

Confirmatory Order, Mr. Michael 

Hackett will provide the results of the 

review to the permitee, the NHPP, and 

the NRC. 

c. Within 45 days following 

completion of the next periodic training, 

conducted following issuance of the 

Confirmatory Order, regarding 

transportation and receipt of radioactive 

material, Mr. Michael Hackett will 

provide a curriculum of subjects 

covered and a list of individuals who 

were required to attend and a list of 

attendees [with personal privacy 

information redacted] to the permitee, 

the NHPP, and the NRC. 

d. Within 45 days, Mr. Michael 

Hackett agrees to inform the NRC if he 

has been assigned, and has accepted, the 

responsibility for any additional 

collateral duties that may impact his 

ability to successfully fulfill his 

responsibilities as the Radiation Safety 

Officer. This will include his evaluation 

of how he will monitor the collateral 

duties to ensure that they do not 

overwhelm his primary RSO 

responsibilities. This will continue for 

one year from the issuance of the 

Confirmatory Order. 

2. If, at any time, Mr. Michael Hackett 

is unable to perform any of his 

Radiation Safety Officer responsibilities, 

he will notify the NHPP and the NRC 

within 30 days. 

3. Within 90 days following the 

issuance of the Confirmatory Order, Mr. 

Michael Hackett agrees to prepare and 

submit to the NRC an article, for 

subsequent submittal and consideration 

for publication by the NHPP, to inform 

others of: (1) The importance of 

ensuring that a VA radiation safety 

program fulfills all NRC safety 

requirements; and (2) developing the 

necessary infrastructure and 

communication paths to identify and 

resolve competing priorities that may 

preclude successful implementation of a 

VA radiation safety program. Within 30 

days following receipt of approval from 

the NRC, Mr. Michael Hackett will 

submit the article to the NHPP for 

publication. 

4. Mr. Michael Hackett agrees that he 

will inform the NRC if he leaves his 

RSO position before the terms of this 

Order are completed. The terms of the 

Order will remain in abeyance and will 

be reinstated if he accepts a position as 

or resumes the duties of an RSO within 

two years of the date of the Order. 

5. The NRC agrees not to pursue any 

further enforcement action in 

connection with the NRC’s April 16, 

2009, letter to Mr. Michael Hackett. This 

does not prohibit NRC from taking 

enforcement action in accordance with 

the NRC Enforcement Policy if Mr. 

Michael Hackett commits a similar 

violation in the future or violates this 

Order. 

6. Within 45 days, Mr. Michael 

Hackett agrees to inform the NRC of any 

condition that may preclude him from 

complying with any of the conditions of 

this Order. In such event, Mr. Michael 

Hackett may request relief from the 

associated requirements of the Order. 

7. Mr. Michael Hackett has made no 

admission that he violated any NRC 

requirements and this agreement is 

settlement of a disputed claim in order 

to avoid litigation and further action by 

the NRC. 

On July 9, 2009, Mr. Michael Hackett 

consented to issuing this Order with the 

commitments, as described in Section V 

below. Mr. Michael Hackett further 

agreed that this Order is to be effective 

upon issuance and that he has waived 

his right to a hearing. 

IV 

Since Mr. Michael Hackett has agreed 

to take additional actions to address 

NRC concerns, as set forth in Item III 

above, the NRC has concluded that its 

concerns can be resolved through 

issuance of this Order. 

I find that Mr. Michael Hackett’s 

commitments as set forth in Section V 

are acceptable and necessary and 

conclude that with these commitments 

the public health and safety are 

reasonably assured. In view of the 


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39342 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 

foregoing, I have determined that public 

health and safety require that Mr. 

Michael Hackett’s commitments be 

confirmed by this Order. Based on the 

above, and Mr. Michael Hackett’s 

consent, this Order is immediately 

effective upon issuance. 

V 

Accordingly, pursuant to Sections 81, 

161b, 161i, 161o, 182 and 186 of the 

Atomic Energy Act of 1954, as amended, 

and the Commission’s regulations in 10 

CFR 2.202 and 10 CFR Part 30, it is 

hereby ordered, effective immediately: 

1. Mr. Michael Hackett agrees to 

submit to the NRC and NHPP a plan on 

how he will accomplish all the tasks 

assigned to him as RSO in the permit, 

and what steps he will take to ensure 

that the infrastructure exists for those 

duties with a long periodicity (i.e., once 

a year, or once every three years) and 

what steps he will take to ensure that 

the permittee, the NHPP, and the NRC 

are aware that he is accomplishing his 

assigned duties within 60 days of the 

issuance of the Confirmatory Order. In 

addition to the above, such plan shall 

contain the following: 

a. Within 45 days following each 

periodic (quarterly) Radiation Safety 

Committee meeting, Mr. Michael 

Hackett will provide minutes of the 

meeting to the permitee, the NHPP, and 

the NRC. This will continue for a period 

of one year from the date of the issuance 

of the Confirmatory Order. 

b. Within 45 days following 

completion of the next annual program 

review following issuance of the 

Confirmatory Order, Mr. Michael 

Hackett will provide the results of the 

review to the permitee, the NHPP, and 

the NRC. 

c. Within 45 days following 

completion of the next periodic training, 

conducted following issuance of the 

Confirmatory Order, regarding 

transportation and receipt of radioactive 

material, Mr. Michael Hackett will 

provide a curriculum of subjects 

covered and a list of individuals who 

were required to attend and a list of 

attendees [with personal privacy 

information redacted] to the permitee, 

the NHPP, and the NRC. 

d. Within 45 days, Mr. Michael 

Hackett agrees to inform the NRC if he 

has been assigned, and has accepted, the 

responsibility for any additional 

collateral duties that may impact his 

ability to successfully fulfill his 

responsibilities as the Radiation Safety 

Officer. This will include his evaluation 

of how he will monitor the collateral 

duties to ensure that they do not 

overwhelm his primary RSO 

responsibilities. This will continue for 

one year from the issuance of the 

Confirmatory Order. 

2. If, at any time, Mr. Michael Hackett 

is unable to perform any of his 

Radiation Safety Officer responsibilities, 

he will notify the NHPP and the NRC 

within 30 days. 

3. Within 90 days following the 

issuance of the Confirmatory Order, Mr. 

Michael Hackett agrees to prepare and 

submit to the NRC an article, for 

subsequent submittal and consideration 

for publication by the NHPP, to inform 

others of: (1) The importance of 

ensuring that a VA radiation safety 

program fulfills all NRC safety 

requirements; and (2) developing the 

necessary infrastructure and 

communication paths to identify and 

resolve competing priorities that may 

preclude successful implementation of a 

VA radiation safety program. Within 30 

days following receipt of approval from 

the NRC, Mr. Michael Hackett will 

submit the article to the NHPP for 

publication. 

4. Mr. Michael Hackett agrees that he 

will inform the NRC if he leaves his 

RSO position before the terms of this 

Order are completed. The terms of the 

Order will remain in abeyance and will 

be reinstated if he accepts a position as 

or resumes the duties of an RSO within 

two years of the date of the Order. 

5. Within 45 days, Mr. Michael 

Hackett agrees to inform the NRC of any 

condition that may preclude him from 

complying with any of the conditions of 

this Order. In such event, Mr. Michael 

Hackett may request relief from the 

associated requirements of the Order. 

Notifications to the NRC, as outlined 

in the above items, should be made to 

the Regional Administrator, NRC Region 

III, 2443 Warrenville Road, Lisle, 

Illinois 60532. 

The Regional Administrator, NRC 

Region III, may, in writing, relax or 

rescind any of the above conditions 

upon demonstration by Mr. Michael 

Hackett of good cause. 

VI 

Any person adversely affected by this 

Confirmatory Order, other than Mr. 

Michael Hackett, may request a hearing 

within 20 days of the Order’s 

publication in the Federal Register. 

Where good cause is shown, 

consideration will be given to extending 

the time to request a hearing. A request 

for extension of time must be directed 

to the Director, Office of Enforcement, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, and 

include a statement of good cause for 

the extension. 

A request for a hearing must be filed 

in accordance with the NRC E-Filing 

rule, which the NRC promulgated in 

August, 2007, 72 FR 49,139 (Aug. 28, 

2007). The E-Filing process requires 

participants to submit and serve 

documents over the Internet or, in some 

cases, to mail copies on electronic 

optical storage media. Participants may 

not submit paper copies of their filings 

unless they seek a waiver in accordance 

with the procedures described below. 

To comply with the procedural 

requirements associated with E-Filing, 

at least five days prior to the filing 

deadline the requestor must contact the 

Office of the Secretary by e-mail at 

hearingdocket@nrc.gov, or by calling 

(301) 415–1677, to request: (1) A digital 

ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any NRC proceeding in which 

it is participating; and/or (2) creation of 

an electronic docket for the proceeding 

(even in instances when the requestor 

(or its counsel or representative) already 

holds an NRC-issued digital ID 

certificate). Each requestor will need to 

download the Workplace Forms 

Viewer TM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms Viewer TM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a requestor has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, it can then submit a request for 

a hearing through EIE. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

document through EIE. To be timely, 

electronic filings must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, any 

others who wish to participate in the 


jlentini on DSKJ8SOYB1PROD with NOTICES
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proceeding (or their counsel or 

representative) must apply for and 

receive a digital ID certificate before a 

hearing request is filed so that they may 

obtain access to the document via the EFiling system. 

A person filing electronically using 

the agency’s adjudicatory e-filing system 

may seek assistance through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file a 

motion, in accordance with 10 CFR 

2.302(g), with their initial paper filing 

requesting authorization to continue to 

submit documents in paper format. 

Such filings must be submitted by: (1) 

First class mail addressed to the Office 

of the Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

social security numbers, home 

addresses, or home phone numbers in 

their filings. With respect to copyrighted 

works, except for limited excerpts that 

serve the purpose of the adjudicatory 

filings and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their works. 

If a person other than Mr. Michael 

Hackett requests a hearing, that person 

shall set forth with particularity the 

manner in which his interest is 

adversely affected by this Order and 

shall address the criteria set forth in 10 

CFR 2.309(d) and (f). 

If the hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an Order 

designating the time and place of any 

hearing. If a hearing is held, the issue to 

be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section V above shall be final 20 days 

from the date this Order is published in 

the Federal Register without further 

order or proceedings. If an extension of 

time for requesting a hearing has been 

approved, the provisions specified in 

Section V shall be final when the 

extension expires, if a hearing request 

has not been received. A request for 

hearing shall not stay the immediate 

effectiveness of this order. 

Dated this 28th day of July 2009. 

For the Nuclear Regulatory Commission. 

Mark A. Satorius, 

Regional Administrator, Region III. 

[FR Doc. E9–18821 Filed 8–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0345] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Draft Regulatory Guide, 

DG–5034, ‘‘Protection of Safeguards 

Information.’’ 

FOR FURTHER INFORMATION CONTACT: 

Robert Norman, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: (301) 415–2278 or email Robert.Norman@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The draft regulatory guide (DG), 

entitled, ‘‘Protection of Safeguards 

Information,’’ is temporarily identified 

by its task number, DG–5034, which 

should be mentioned in all related 

correspondence. DG–5034 will be a new 

regulatory guide. Title 10, section 73.21, 

‘‘Protection of Safeguards Information: 

Performance Requirements,’’ of the 

Code of Federal Regulations (10 CFR 

73.21) requires, in part, that each 

licensee, certificate holder, applicant, or 

other person who produces, receives, or 

acquires Safeguards Information (SGI) 

shall ensure that it is protected against 

unauthorized disclosure. 

This guide describes a method that 

the staff of the NRC considers 

acceptable to implement the general 

performance requirements specified in 

10 CFR 73.21(a)(i) and (ii) that establish, 

implement, and maintain an 

information protection system that 

includes the applicable measures for 

SGI specified in 10 CFR 73.22, 

‘‘Protection of Safeguards Information: 

Specific Requirements,’’ or 10 CFR 

73.23, ‘‘Protection of Safeguards 

Information—Modified Handling: 

Specific Requirements.’’ This guide 

applies to all licensees, certificate 

holders, applicants, or other persons 

who produce, receive, or acquire SGI 

(including SGI with the designation or 

marking: ‘‘Safeguards Information— 

Modified Handling’’ (SGI–M)). 

The guidance and criteria contained 

in this document pertain to the 

protection of SGI as defined in 10 CFR 

part 73, ‘‘Physical Protection of Plants 

and Materials.’’ It is intended to assist 

licensees and other persons who 

produce, receive, or acquire SGI to 

establish an information protection 

system that addresses (1) Information to 

be protected, (2) conditions for access, 

(3) protection while in use or storage, (4) 

preparing and marking documents or 

other matter, (5) reproduction of matter 

containing SGI, (6) external 

transmission of documents and 

material, (7) processing SGI on 

electronic systems, (8) removal from the 

SGI category, and (9) destruction of 

matter containing SGI. 

II. Further Information 

The NRC staff is soliciting comments 

on DG–5034. Comments may be 

accompanied by relevant information or 

supporting data and should mention 

DG–5034 in the subject line. 

Comments submitted in writing or in 

electronic form will be made available 

to the public in their entirety through 


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