82 FR 45072 - Requirements Regarding Mandatory Review for Declassification

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 186 (September 27, 2017)

Page Range		45072-45073
FR Document		2017-20706

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.

Federal Register, Volume 82 Issue 186 (Wednesday, September 27, 2017)

[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Notices]
[Pages 45072-45073]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20706]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0191]


Requirements Regarding Mandatory Review for Declassification

AGENCY: Nuclear Regulatory Commission.

ACTION: Mandatory Review for Declassification; notice of availability.

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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: [email protected]. 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 [email protected]. 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: 
[email protected].

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

[[Page 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

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

accordance with the declassification matter are provided and listed with the 2. The agency’s failure to provide an
guides or guidelines provided by the notice of denial. initial decision on the request for an
originating agency. If referred, the 10. When information cannot be MDR from the agency within 1 year of
originating agency will process the declassified in its entirety, the NRC will its filing; or
request in accordance with its agency’s make reasonable efforts to release, 3. The agency’s failure to provide a
procedures for mandatory review for consistent with other applicable laws, final decision on an agency-level appeal
declassification and communicate its those declassified portions of the within 180 days of the filing of the
determination to the NRC. The NRC will requested information that constitute a appeal.
be responsible for collecting all agency coherent segment. M. Charges for services (e.g., locating
review results and informing the 11. A final determination shall be and reproducing copies of records) will
requester of any final decision regarding made on each request within 1 year be made, when deemed applicable, in
the declassification of the requested from the date of receipt. accordance with NRC regulations and
information unless a prior arrangement 12. Upon completion of the review, will be consistent with charges for
has been made with the originating the NRC releases the information to the information requested under section
agency. Requests for an MDR made to an requester, unless that information is 9701 of title 31, United States Code and
element of the Intelligence Community prohibited from release under the the NRC’s regulations implementing the
by anyone other than a citizen of the provisions of a statutory authority. Freedom of Information Act (10 CFR
United States or an alien lawfully 13. Upon denial, in whole or in part, 9.35—Duplication Fees), or the Privacy
admitted for permanent residence may of an initial request, the NRC’s response Act (10 CFR 9.85—Fees).
be denied by the receiving Intelligence shall also notify the requester of the
Community element. right to an administrative appeal. II. Instructions for Submitting
5. If the matter is marked as, or H. When the Director, Division of Suggestions or Questions Regarding the
potentially contains, Restricted Data, Security Operations, Office of Nuclear NRC’s Classified Information Security
Formerly Restricted Data, or Security and Incident Response, denies Program
Transclassified Foreign Nuclear the release of classified matter requested Requirements regarding the NRC’s
Information, then the MDR is processed under an MDR, the requester may Classified Information Security Program
in accordance with 10 CFR part 1045, appeal the determination to the NRC are contained in NRC Management
‘‘Nuclear Classification and within 60 days of receipt of the denial. Directive 12.2, ‘‘NRC Classified
Declassification.’’ I. The appeal must be in writing and Information Security Program,’’ which
6. If the matter contains cryptologic submitted to the Office of the Executive is available for review and printing in
information then the NRC shall process Director for Operations, U.S. Nuclear ADAMS under Accession No.
the MDR in accordance with special Regulatory Commission, Washington, ML14142A085. Suggestions or questions
procedures issued by the Secretary of DC 20555–0001. The appeal: regarding NRC’s Classified Information
Defense and, when cryptologic 1. Must include reference to the Security Program should be submitted
information pertains to intelligence determination being appealed; and in writing to the U.S. Nuclear
activities, the Director of National 2. Should specify why the requester
Regulatory Commission, Director,
Intelligence. believes the information does not
Division of Security Operations, Office
7. If the matter contains information warrant classification.
of Nuclear Security and Incident
pertaining to intelligence sources, J. The NRC shall normally make a
Response, U.S. Nuclear Regulatory
methods, and activities then the NRC determination within 60 working days
Commission Washington, DC 20555–
shall process the MDR in accordance following the receipt of an appeal. If
0001.
with the special procedures issued by additional time is required in rendering
the Director of National Intelligence. a decision, the NRC will notify the Dated at Rockville, Maryland, this 18th day
8. If the matter contains foreign requester of the additional time needed of September, 2017.
government information and the NRC and the reason for the extension. For the U.S. Nuclear Regulatory
initially received or classified the K. The NRC will notify the requester Commission,
foreign government information, then in writing of the final decision and of Michael R. Johnson,
the NRC shall be responsible for making the reason(s) for any denial. The NRC Acting Executive Director for Operations.
a declassification determination after may refuse to confirm or deny the [FR Doc. 2017–20706 Filed 9–26–17; 8:45 am]
consultation with concerned existence or nonexistence of the BILLING CODE 7590–01–P
governments/agencies. If the NRC did requested information whenever the fact
not initially receive or classify the of its existence or nonexistence is itself
foreign government information, the classified under E.O. 13526 or successor NUCLEAR REGULATORY
NRC shall refer the request to the agency orders. COMMISSION
that received or classified the foreign L. If the appeal has been denied, the
NRC shall notify the requester in writing [NRC–2017–0056]
government information for appropriate
action. In all instances, the NRC may of the right to appeal the final NRC Emergency Planning for Research and
consult with the foreign government(s) decision to the Interagency Security Test Reactors and Other Non-Power
through appropriate channels prior to Classification Appeals Panel (ISCAP). Production and Utilization Facilities
declassification. The rules and procedures for bringing
asabaliauskas on DSKBBXCHB2PROD with NOTICES

9. If the matter also contains mandatory declassification appeals AGENCY: Nuclear Regulatory
unclassified information that is before the ISCAP are published in ‘‘The Commission.
potentially exempt from release under Interagency Security Classification ACTION: Regulatory guide, issuance.
the Freedom of Information Act, the Appeals Panel (ISCAP) Bylaws, Rules,
matter is further processed to ensure and Appeal Procedures,’’ dated July 9, SUMMARY: The U.S. Nuclear Regulatory
unclassified information that is exempt 2012 (77 FR 40261). The appeal to the Commission (NRC) is issuing revision 2
from public release is identified and ISCAP must be filed within 60 days of: of Regulatory Guide (RG) 2.6,
that the appropriate officials responsible 1. The date of the final agency ‘‘Emergency Planning for Research and
for denying any classified portion of the decision; Test Reactors and Other Non-Power

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Document Created: 2018-10-24 14:48:49
Document Modified: 2018-10-24 14:48:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Mandatory Review for Declassification; notice of availability.
Dates		The requirements are available as of September 27, 2017.
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: [email protected]
FR Citation		82 FR 45072