45072 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Notices 

the Integrated Safety Analysis are 

submitted annually. 

6. Who will be required or asked to 

respond: Applicants for and holders of 

specific and General Licenses to receive 

title to, own, acquire, deliver, receive, 

possess, use, or initially transfer special 

nuclear material. 

7. The estimated number of annual 

responses: 1,620. 

8. The estimated number of annual 

respondents: 606. 

9. An estimate of the total number of 

hours needed annually to comply with 

the information collection requirement 

or request: 89,222 hours (81,781 hours 

reporting + 7,371 hours recordkeeping + 

70 hours third-party disclosure). 

10. Abstract: Part 70 of title 10 of the 

Code of Federal Regulations (10 CFR), 

establishes requirements for licensees to 

own, acquire, receive, possess, use, and 

transfer special nuclear material. The 

information in the applications, reports, 

and records is used by the NRC to make 

licensing and or regulatory 

determinations concerning the use of 

special nuclear material. 

Dated at Rockville, Maryland, this 20th day 

of September, 2017. 

For the Nuclear Regulatory Commission. 

David Cullison, 

NRC Clearance Officer, Office of the Chief 

Information Officer. 

[FR Doc. 2017–20665 Filed 9–26–17; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2017–0191] 

Requirements Regarding Mandatory 

Review for Declassification 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Mandatory Review for 

Declassification; notice of availability. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is updating its 

requirements regarding Mandatory 

Review for Declassification pursuant to 

Section 3.5 of Executive Order (E.O.) 

13526, ‘‘Classified National Security 

Information.’’ The NRC’s requirements 

regarding Mandatory Review for 

Declassification were previously 

published in the Federal Register on 

November 5, 1996. This notice informs 

the public of these updates. This notice 

also presents instructions for submitting 

suggestions or questions regarding the 

NRC’s information security program. 

DATES: The requirements are available 

as of September 27, 2017. 

ADDRESSES: Please refer to Docket ID 

NRC–2017–0191 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0191. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced (if it is available in 

ADAMS) is provided the first time that 

it is mentioned in this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Darryl H. Parsons, Office of Nuclear 

Security and Incident Response, U.S. 

Nuclear Regulatory Commission, 

Washington DC 20555–0001; telephone: 

301–415–7751, email: Darryl.Parsons@

nrc.gov. 

SUPPLEMENTARY INFORMATION: Purusant 

to Executive Order (E.O.) 13526, issued 

on December 29, 2009, and published in 

the Federal Register on January 5, 2010 

(75 FR 707), and part 2001 of title 32 of 

the Code of Federal Regulations, 

‘‘Classified National Security 

Information,’’ published June 28, 2010 

(75 FR 37254), the NRC is updating its 

mandatory review for declassification 

requirements to read as follows: 

I. Mandatory Review for 

Declassification Requirements 

A. NRC information classified under 

E.O. 13526 or predecessor orders shall 

be subject to a review for 

declassification by NRC, if: 

1. The request for a review describes 

the document or material containing the 

information with sufficient specificity to 

enable the agency to locate it with a 

reasonable amount of effort; 

2. The document or material 

containing the information responsive 

to the request is not contained within an 

operational file exempted from search 

and review, publication, and disclosure 

under section 552 of title 5, United 

States Code in accordance with law; and 

3. The information is not the subject 

of pending litigation. 

B. Any person desiring a mandatory 

review for declassification of NRC 

documents containing classified 

information should address these 

requests to the Director, Division of 

Security Operations, Office of Nuclear 

Security and Incident Response, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

C. Requests need not be made on any 

special form, nor does the requested 

information have to be identified by 

date or title, but shall, as specified in 

E.O. 13526, describe the information 

with sufficient specificity to enable the 

NRC to locate the records containing the 

information sought with a reasonable 

amount of effort. Requests for broad 

types of information, entire file series of 

records, or similar non-specific requests 

may be denied a mandatory review for 

declassification by the NRC. 

D. The Director, Division of Security 

Operations, Office of Nuclear Security 

and Incident Response, will 

acknowledge receipt of the request and 

initiate action to obtain the requested 

information. 

E. If the information contained in the 

requested matter has been reviewed for 

declassification within the past 2 years, 

another review need not be conducted, 

but instead the NRC may inform the 

requester of this fact and of the results 

of the prior review decision and advise 

the requester of appeal rights. 

F. Documents required to be 

submitted for pre-publication review or 

other administrative process pursuant to 

an approved nondisclosure agreement 

are not subject to mandatory 

declassification review (MDR). 

G. The NRC performs an MDR as 

follows: 

1. Conducts a line-by-line review of 

the matter. 

2. Withholds any information that 

meets the standards for classification 

under E.O. 13526. 

3. Declassifies National Security 

Information under the NRC’s purview 

that no longer meets the standards for 

classification under E.O. 13526 or 

successor orders. 

4. If the matter is originated by 

another agency, the NRC will refer the 

request and pertinent records to the 

originating agency, unless the 

originating agency has agreed that the 

NRC may review its records in 


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Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Notices 45073 

accordance with the declassification 

guides or guidelines provided by the 

originating agency. If referred, the 

originating agency will process the 

request in accordance with its agency’s 

procedures for mandatory review for 

declassification and communicate its 

determination to the NRC. The NRC will 

be responsible for collecting all agency 

review results and informing the 

requester of any final decision regarding 

the declassification of the requested 

information unless a prior arrangement 

has been made with the originating 

agency. Requests for an MDR made to an 

element of the Intelligence Community 

by anyone other than a citizen of the 

United States or an alien lawfully 

admitted for permanent residence may 

be denied by the receiving Intelligence 

Community element. 

5. If the matter is marked as, or 

potentially contains, Restricted Data, 

Formerly Restricted Data, or 

Transclassified Foreign Nuclear 

Information, then the MDR is processed 

in accordance with 10 CFR part 1045, 

‘‘Nuclear Classification and 

Declassification.’’ 

6. If the matter contains cryptologic 

information then the NRC shall process 

the MDR in accordance with special 

procedures issued by the Secretary of 

Defense and, when cryptologic 

information pertains to intelligence 

activities, the Director of National 

Intelligence. 

7. If the matter contains information 

pertaining to intelligence sources, 

methods, and activities then the NRC 

shall process the MDR in accordance 

with the special procedures issued by 

the Director of National Intelligence. 

8. If the matter contains foreign 

government information and the NRC 

initially received or classified the 

foreign government information, then 

the NRC shall be responsible for making 

a declassification determination after 

consultation with concerned 

governments/agencies. If the NRC did 

not initially receive or classify the 

foreign government information, the 

NRC shall refer the request to the agency 

that received or classified the foreign 

government information for appropriate 

action. In all instances, the NRC may 

consult with the foreign government(s) 

through appropriate channels prior to 

declassification. 

9. If the matter also contains 

unclassified information that is 

potentially exempt from release under 

the Freedom of Information Act, the 

matter is further processed to ensure 

unclassified information that is exempt 

from public release is identified and 

that the appropriate officials responsible 

for denying any classified portion of the 

matter are provided and listed with the 

notice of denial. 

10. When information cannot be 

declassified in its entirety, the NRC will 

make reasonable efforts to release, 

consistent with other applicable laws, 

those declassified portions of the 

requested information that constitute a 

coherent segment. 

11. A final determination shall be 

made on each request within 1 year 

from the date of receipt. 

12. Upon completion of the review, 

the NRC releases the information to the 

requester, unless that information is 

prohibited from release under the 

provisions of a statutory authority. 

13. Upon denial, in whole or in part, 

of an initial request, the NRC’s response 

shall also notify the requester of the 

right to an administrative appeal. 

H. When the Director, Division of 

Security Operations, Office of Nuclear 

Security and Incident Response, denies 

the release of classified matter requested 

under an MDR, the requester may 

appeal the determination to the NRC 

within 60 days of receipt of the denial. 

I. The appeal must be in writing and 

submitted to the Office of the Executive 

Director for Operations, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. The appeal: 

1. Must include reference to the 

determination being appealed; and 

2. Should specify why the requester 

believes the information does not 

warrant classification. 

J. The NRC shall normally make a 

determination within 60 working days 

following the receipt of an appeal. If 

additional time is required in rendering 

a decision, the NRC will notify the 

requester of the additional time needed 

and the reason for the extension. 

K. The NRC will notify the requester 

in writing of the final decision and of 

the reason(s) for any denial. The NRC 

may refuse to confirm or deny the 

existence or nonexistence of the 

requested information whenever the fact 

of its existence or nonexistence is itself 

classified under E.O. 13526 or successor 

orders. 

L. If the appeal has been denied, the 

NRC shall notify the requester in writing 

of the right to appeal the final NRC 

decision to the Interagency Security 

Classification Appeals Panel (ISCAP). 

The rules and procedures for bringing 

mandatory declassification appeals 

before the ISCAP are published in ‘‘The 

Interagency Security Classification 

Appeals Panel (ISCAP) Bylaws, Rules, 

and Appeal Procedures,’’ dated July 9, 

2012 (77 FR 40261). The appeal to the 

ISCAP must be filed within 60 days of: 

1. The date of the final agency 

decision; 

2. The agency’s failure to provide an 

initial decision on the request for an 

MDR from the agency within 1 year of 

its filing; or 

3. The agency’s failure to provide a 

final decision on an agency-level appeal 

within 180 days of the filing of the 

appeal. 

M. Charges for services (e.g., locating 

and reproducing copies of records) will 

be made, when deemed applicable, in 

accordance with NRC regulations and 

will be consistent with charges for 

information requested under section 

9701 of title 31, United States Code and 

the NRC’s regulations implementing the 

Freedom of Information Act (10 CFR 

9.35—Duplication Fees), or the Privacy 

Act (10 CFR 9.85—Fees). 

II. Instructions for Submitting 

Suggestions or Questions Regarding the 

NRC’s Classified Information Security 

Program 

Requirements regarding the NRC’s 

Classified Information Security Program 

are contained in NRC Management 

Directive 12.2, ‘‘NRC Classified 

Information Security Program,’’ which 

is available for review and printing in 

ADAMS under Accession No. 

ML14142A085. Suggestions or questions 

regarding NRC’s Classified Information 

Security Program should be submitted 

in writing to the U.S. Nuclear 

Regulatory Commission, Director, 

Division of Security Operations, Office 

of Nuclear Security and Incident 

Response, U.S. Nuclear Regulatory 

Commission Washington, DC 20555– 

0001. 

Dated at Rockville, Maryland, this 18th day 

of September, 2017. 

For the U.S. Nuclear Regulatory 

Commission, 

Michael R. Johnson, 

Acting Executive Director for Operations. 

[FR Doc. 2017–20706 Filed 9–26–17; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2017–0056] 

Emergency Planning for Research and 

Test Reactors and Other Non-Power 

Production and Utilization Facilities 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory guide, issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing revision 2 

of Regulatory Guide (RG) 2.6, 

‘‘Emergency Planning for Research and 

Test Reactors and Other Non-Power 


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