ML20150D689

Forwards Rept on Administration of FOIA by NRC for CY87,per Public Law 93-502

ML20150D689
Person / Time
Issue date:	03/09/1988
From:	Zech L NRC COMMISSION (OCM)
To:	Bush G, Jason Wright SENATE, SENATE, PRESIDENT OF THE SENATE
References
NUDOCS 8803250027
Download: ML20150D689 (22)

Text

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[  %,, UNITED STATES l ' g7 g NUCLEAR REGULATORY COMMISSION WASHINGT ON, D. C. 20555 y

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CHAIRMAN March 9, 1988 The Honorable George H. W. Bush President of the United States Senate Washington, D. C. 20510

Dear Mr. President:

I am enclosing a report on the administration of the Freedom of Information Act by the Nuclear Regulatory Commission for calendar year 1987. This report is in accordance with Public Law 93-502 of November 2, 1974, (5 U.S.C. 552(d)).

Sincerely, b L. k.

Lando W. Z , J

Enclosure:

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UNITED STATES j y g NUCLEAR REGULATORY COMMISSION W ASHINGT ON, D. C. 20555 g.. .. E CHAIRMAN March 9, 1988 The Honorable Jim Wright Speaker of the United States House of Representatives Washington, D.C. 20515

Dear Mr. Speaker:

I am enclosing a report on the administration of the Freedom of Information Act by the Nuclear Regulatory Commission for calendar year 1987. This report is in accordance with Public Law 93-502 of November 2, 1974, (5 U.S.C. 552(d)).

Sincerely, 4.

Lando W. Zec , Jr.

Enclosure:

F0IA Repcrt i

l l

REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1987

1. (a) Total number of initial determinations made by the agency not to comply with requests for records nade under 5 U.S.C. 552 during calendar year 1987:

317 (b) Authority relied upon for each such determination:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times Invoked 1 5 2 3 3 21 4 60 5 172 6 99 7A 77 78 0 7C 49 70 32 7E 2 7F 0 8 0 9 0 (2) Statutes invoked pursuant to Exemption 3:

Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 12 42 U.S.C. 2167 9 (3) The number of requests for which the NRC cited the Government in the Sunshine Act to withhold transcripts of closed Commission meetings:

5

1 2 1 1

2. (a) Total number of appeals made by persons from adverse initial decisions pursuant to 5 U.S.C. 552(a)(6):

(1) Number of appeals in which, upon review, the request was granted in full:

36*

(2) Number of appeals in which, upon review, the request was denied in full:

67**

(3) Number of appeals in which, upon review, the request was denied in part:

33 (b) Authority relied upon for total or partial denials on appeal:

(1) Exemptions in 5 U.S.C. 552(b):

Exemptions Invoked (by number) Number of Times Invoked 1 1 2 0 3 4 4 15 5 50 6 30 7A 12 7B 0 7C la 70 9 75 0 7F 0 8 0 9 0

• These appeals include 22 appeals where the requesters appealed the failure of the agency to respond within the 10-day response period. The files on these appeals were closed and considered "granted" upon NRC's responses to the requests.

These also include seven appeals in which the NRC granted fee waivers, two appeals which were withdrawn, and two appeals challenoing the completeness of NRC's responses to the requests for which, upon further evaluation, the NRC reaffirmed its initial determinations.  ;

I

• • Includes one appeal in which the NRC denied a fee waiver. '

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3 (2) Statutes invoked pursuant to Exemption 3:

Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 1 42 U.S.C. 2167 2 50 U.S.C. 403g 1

3. (a) Name and title or position of each person who is responsible for the initihl denial of reccrds requested, and number of instances of participation of each:

Number of Instances Name of Participation

1. William G. Mcdonald, Director 1 Office of Administration and Resources Management

2. Donnie H. Grimsley, Director 184 Division of Rules & Records Office of Administration and Resources Management

3. Raymond J. Brady, Director 2 ,

Division of Security Office of Administration and Resources Management

4. Edward L. Halman, Director 9 Division of Contracts Office of Administration and Resources Management

5. James F. McDermott, Director i Division of Organization and Personnel Office of Administration

6. Samuel J. Chilk 1 l Secretary of the Commission

7. John C. Hoyle 68  ;

Assistant Secretary of the Commission

8. James A. Fitzgerald 33 Assistant General Counsel for Adjudications and Opinions

9. C. Sebastian Alcot 9 Office of the General Counsel

10. James P. Murray, Deputy General Counsel 24 for Hearings and Enforcement

4 Number of Instances Name of Participation

11. Guy H. Cunningham, III, 1 Executive Legal Director

12. Sharon R. Connelly, Director 19 Office of Inspector and Auditor

13. Harold R. Denton, Director 2 Office of Governmental Affairs

14. Carlton C. Kammerer, Director 2 Office of Congressional Affairs

15. Ben B. Hayes, Director 72 Office of Investigations

16. Victor Stello, Jr. 5 Executive Director for Operations

17. James H. Sniezek, Deputy Executive 1 for Regional Operations and Generic Requirements

18. James G. Keppler, Director 5 Office of Special Projects

19. James Lieberman, Director 10 Office of Enforcement

20. Paul E. Bird, Director 6 Office of Personnel

21. Edward Jordan, Director 6 Office for Analysis and Evaluation of Operational Data l i

22. Hugh L. Thompson, Director 28 Office of Nuclear Material Safety  ;

and Safeguards

23. John G. Davis, Director 6 Office of Nuclear Material Safety and Safeguards

24. Thomas E. Murley, Director 25 -

Office of Nuclear Reactor Regulation l 4

25. Harold R. Denton, Director 5 Office of Nuclear Reactor Regulation

26. Eric S. Beckford, Director 10  ;

Office of Nuclear Regulatory Research '

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5 Number of Instances Name of Participation

27. James H. Taylor, Director 3 Office of Inspection and Enforcement

28. William T. Russell, Regional Administrator 24 Region I

29. Thomas E. Murley, Regional Administrator 2 Region I

30. J. Nelson Grace, Regional Administrator 11 Region II

31. A. Bert Davis, Regional Administrator 14 Region III

32. James G. Keppler, Regional Administrator 8 Region III

33. Robert D. Martin, Regional Administrator 26 Region IV

34. John B. Martin, Regional Administrator 16 Region V (b) Name and title or position of each person who, on appeal, is responsible for the denial of records requested, and the number of instances of participation of each:

Number of Instances Name of Participation

1. Lando W. Zech, Chairman, NRC 11

2. Thomas M. Roberts, Comissioner, NRC 11

3. Federick M. Bernthal, Comissioner, NRC 10 4 Kenneth M. Carr, Comissioner, NRC 11

5. Kenneth C. Rogers, Conmissioner, NRC 4

6. James K. Asselstine, Comissioner, NRC 5

7. Samuel J. Chilk, Secretary of the 29*

Comission

8. Victor Stello, Jr., Executive Director for 70 Operations

• The authority to deny in its entirety an appeal to the Comission was delegated to the Secretary of the Comission, 50 Fed. Reg. 27214.

6 (c) In 1987, the NRC cited the following officials of other Federal agencies as denying officials for information criginated by the agencies and contained in records subject to two F0IA requests submitted to the NRC:

Agency Official FOIA Exemption Federal Bureau of Emil P. Mosche11a, Chief 7A, 7C Investigation Freedem of Information-Privacy Acts Section, Records Management Division Department of Energy F. Charles Gilbert. Director 3 Office of Classification

4. The results of each proceeding conducted pursuant to 5 U.S. C.

552(a)(4)(F), including a report of disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records, or an explanation of why disciplinary action was not taken.

Response: There have been no findings of crbitrary or capricious conduct on the part of NRC personnel nor proceedings conducted pursuant to 5 U.S.C.

552(a)(4)(F).

5. A copy of every rule made by the agency regarding 5 U.S.C. 552.

Response: The NRC regulations implementing the Freedom of Information Act are codified in Subpart A of 10 CFR Part 9, a copy of which is enclosed.

6. A copy of the fee schedule and the total number of fees collected by the agency for making records available under 5 U.S.C. 552.

Response: The NRC fee schedule is set forth in 10 CFR 9.14. The total amount of fees collected by the NRC for making records available under 5 U.S.C. 552 was $11,401.66, which includes $867.50 search fees and

$10,534.16 for the reproduction of records.

During the past year, approximately 4 million copies of pages were made of records located in NRC's Public Document Room in Washington, DC. The NRC has entered into a no-cost-to-the-government contract with a private firm to reproduce, for the public, copies of records located at the Public Document Room. During 1987, approximately $228,000 was received by the i contractor for the reproduction of paper copy and microfiche, l l

i 1

7

7. Such other information as indicates effort to administer fully 5 U.S.C.

552.

Response: During 1987, the NRC received 874 F0IA requests and 112 appeals. !

Copies of F0IA requests and the records disclosed as a result of such  !

requests are normally placed in the NRC Public Document Room. In addition l to providing general public access to material released under the Freedom  ;

of Information Act, the NRC routinely releases for public inspection and l copyina in its document rooms an average of over 262 new documents each day on virtually every aspect of NRC's regulatory program. This i extensive voluntary document release program has resulted in more than 1.5 million documents being made available in the Commission's Public j Document Room in Washington, DC. Additionally, the NRC maintains ,

extensive document collections relating to individual nuclear power j facilities in 95 Local Public Docuinent Pooms located throughout the country.

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49350 Federal Register / Vol. 52. No. 251 / Thursday. Dewmber 31. 1987 / Rules and Regulations methods base been n use for os er 50 method wa not 10 d> to pros e effecJar ofNats (7 CFR Part 3015. Subpart V. 44 years. On February P.19a5 (50 FR *C6). ur

? R N112. June 24. l983).

Numbers 10.4WEmergency Loans; FSIS published a final rule, efir 2. Data became e sailable to 10 407-Farro Owr ership Loans; August S.1985, presaibing a - substantiate the ef ecoveness or method for destro>ing live tri ae is, ineffectrveness of tie method.

10 410-Very imw. and low 4ncome Housing Loans are excluded from the dry salt cured hams and wb: uld in the notice. FSI S stated that reserth also be used for country ban.s. th the wouW be conductM between that time scope of Executiw Order 12372 which Pequires intergove 'nmental consultation development and publicatiott of (ne and Dewmber 31.

• 986, to find one or with state and loctl officials. thstd method. FSLC teJiesed it had more additional processing methods.

On Jarruary 2.19 L7. 751S pubtished an t y la se i e S arned Vance L cark, extension of the wiis et until December that macy country h am producers use 31,1987. The Ageni y stated that Admeistmaor. rarnirs h methods which still do not meet the because of anavot< able delays, research

1. "#* requirements of any Of the three irR Doc tr-3eo46 Fied 1b30-a?; a45 ami was etill tmder war. In this mnnection.

prescribed metlnds. Dese producers a mnsiderable am( unt of time had been N8'o coes ** use ambient trmperatures that may not consurned h1 develiiping a fully meet the tirne/ temperature satisfactory protocol. Secondly, there requirements; use a :uring process that had been problems in assembling Food Safety and nopection Service does not include a ri id. cure re. exposure of the ham to salt (o,erhaul); wash the experimental eqdpunt. Birdly, the 9 CFR Part 318 ham before the required curing tirne is expenmenters expi nence unexpected l completed; or in sorne way do not meet difficulties in cond cring the  ;

(Docket No. so-45#-E-tl expenment. Fourth y. there had been  ;

the requirements. F( r several ) ears, the some d.fficulties w 'h the mterpretation Production of Dry Cured or Country Agency has permitti d the use ct Ham Not Using Pr escrft>ed Methods To nonconforrutng processing methods and analysis of the test data. As a Destroy Trichinas result the experimi nters did not submit since they were treational. decade.old a final report to the Agency untd A@*CY: Food Safi ty and Inspectmn methods believed tc be effectise in l Nos ember 9.1987.

destro>ios trichinae in addition the Seruce. USD A. Departruent has not recened any The experimenta data are comp!es.

ACTION: Partial waer of final rule- reports of trichinosi, occurring from and are more mdica tive than  ;

,g,n, og mgestion of any dry cured or country concluory. How es cr. becaue of the I hams. importance of the indicauons for sumwamv: On lern ary Z.1987, the Food consumer health, u: mg the expentnental Safety and Inspecton Service (FSIS) Because of the ine bility of certain producers to rueet t! e Angust 6.1985. data coupled with (ther known data the  ;

published a notice a nnouncme its inten t Agency has decided a proposed rule un to pemit producers of dry cured of effective date and s nce there were no reported cases of trichinosis from be desetoped. The proposed rule shou:d ,

country harn not unmg the prescribed products not treatec under the three be pubbshed in the early part of 1968. l methods for destrcy mg Inchane m pork and further procedt res will be to continue to use sonconforming prescribed methods FSIS published a notice on June 18,1M5150 FR 25202). conducted in a time ly 'ashion.

methods until December 31,1987. This waiver was prouded to protect allowmg producers ?f dry cured or Because it is impossible to accurafeh country ham not usng the prescribed estimate the tirne tc complete the I consumers and to >errr.it dry cured or l methods to contmui produchon until rulemaking. the Administrator is country ham prod ( cers to connnue December 31.1986. .nder the following extendice the wam t until December 31 l production while research concerning 1988. or unni a fmal rule is pubbshed {

the effectn eness af current processma conditions: .

1. Any dry cured or country hams in and becomes effect se. whichever i techniques was unJettaken. Due to unavoidable delap m wnductmg the pr cessmg pnor to August 61985. occurs first.

w uld ntrol:ed under the previous De at Webms:m Oc nn om +r ;w research. FSIS is e tendmg that waner wo me s. j to December 31.148. or untd the 2. Dry cured ham producers usms w'

pubhcanon of a fir .! rule. w hichev er pr cessing techniques not con ered by Laster M Crawford.

comes first. the prescribed methads had to submit a A dnvnector. Toeds . 6v o.m/ horw EFFECTivt o ATE: December 31.1967. desenption of their >rocessed to FSIS by Sem e Fon rumTuta sMFC'tu ATioN CONTACT: August 6.1985. and .he description had IFR Doc. ar .wt Filej12. m i.6 n 4-1 Bdl F. Dennis. Director Processed to contein the follow mg mformation: a w o ecu uio.o %

Products Inspectio1 Division. Technical a. The average ar1J maumum ham Semce s. Food Saftry and Inspection w eigh t.

Service. U.S. Depa tment of Agneulture- b.'The cure and tr e smokms times and NUC1. EAR REGULATORY Washington. DC 2n250. (202) 447-3840. temperatures and. r used. heating times COMMISSION supptautwT Amy tuomuariom and temperatures:

c. ne amount of talt used and how 10 CFR Parts 2 and 9 Background apphed and,if appl cable. how Pnor to August L 1985. reapphed and/or te Antshed. Revision of Freedorn of information 131810(c){3J{iv) ol the Federal rr. eat d.lf and when ha ns are washed. Act Regulations; Conformmg inspection regulati ons (9 CFR Dry cured and to intry ham producers Arnendments 31810(c){3)(av)) pr< nded two rnethods were permitted to e sntmue using their of destroyms any possible hve trichinae current processes u :td December 31 ActNcy: Nuclear Regulatory whde processing d y sali cured hams. 1986. unless. Commissioru one of which may se used to 1 Upon iruual res.ew of the process, 'C0";I**I'"I

manufacture counyy hams. nese two the Administrator d.terrnined that the __ ._

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Federal Register / Vol. 52 No. 251 / Thurs :ay. December 31, 1987 / Rules and Fegulatlocs 49351 l suwiaAny: ne Nuclear Regulatory Subpart A, and to reflect the changes to Commission (NRC) is amendmg its Exemption 7 of the FOLA, records respo-dmg to FOIA requests.

regulations pertaining to Pubhc Records along with their appendtces. in the  ;

The proposed rule was published in in order to conform its Freedom of the Federal Register on August 6.1987 NRC's Public Document Room. This Information Au (FOIA) regulations to practice permits FOIA requesters.

(52 FR 291961. The comment period the FOlA as amended by the Freedom of expired on August 28.1987 among whom may be commercial.use Information Reform Act of 1986 and i requesters and other amall entities, to reflect current NRC organizational Analpis of Comments Received by review requested records, and thus structure and current agency practice NRC affords them an opportuni!/ to reduce and delegation. nese amendments also The NRC received six comment letters the financial burden by purchasing only reduce the repetition of statutory from the following sources: records for which they are spenholly requirements. These amendments are nierested.ne financial burden of eng Public Ciitsen t.itigation Croup necessary to inform the public about the Reporters Committee for Freedom of the the FOIA may also be reduced if a procedural changes to the FOIA Pre"

• requester meets the legal requirernents regulations. Obo Citizens for Responsible Energy (OCRE) for a waiver and/or reduction of fees, The NRC povides procedures for EFFECTIVE DATE: Febr,ary 1.1988.

FOR FURTNER issFORCA7804 CONTf.CTt b) c Kerr.McGec Corporation on making such a request at 19.41.

Donnie H. Crimsley. Director Dmsion A survey of15 agencies revealed that of Rules and Records. Office of The comments are addressed below in 12 of them either stated that the sequential order according to the Administration and Resources Regulatory Rexibility Act did not apply hianagement. US Nuclear Regulatory specific part of the proposed rule to to this type of rulemaking or did not Commission. Washington. DC 2G555, which they apply, mention the Regulatory Flexibihty Act t Telephone: 301-492-7211. in the rulemaking at all.' Among the L Regulatory Analysis ond Regulatory i suP9unsortAny twFoRu Attoet: ne r/eubility Cerfi/ication agencies stating that the Reg.latory l Freedom ofInformation Reform Act of Flexibility Act does not apply is the 1 1986 (Pub. L 99-570) was signed by the One commenter stated that the Department of Justice, the agency taking President on October 27,1986. The Act conclusions drawn in these two the leedmg role in the development of proddes for broader exemption discussions were "unsubstanthted and the fee waint guidehnes. De NRC protection for law enforcement contrary to the small businesa size belieees, absent any other comments standarda published by NRC in l informatioo (Examption 7 of the FOIA) regarding the subject, that its Regulatory  ;

December 19815)." The cornmenter Analysis and Regulatory nexibihty and new law enforcement record exclusions. De new exernption further stated hat tha NRC should Certification represent a got,d faith provisions became effective prepars an analyais that would show effort at estimating the impact on l "the actual cost impact of the requesters and the NRC.

immediately. De amendments changed regulations on requesters." With regard the threshold of records encompassed to small entities, the commenter 2. Secuan 2:3 Definiuona under Exemption 7 from "tnvestraatory recommended the "NRC should consider Several commenters addressed one or records" to all records or information reducing costs for search and compiled for law enforcement purposes. reproduction." more of the definitions in this section.

The Act also estabhshes new provisions When the NRC published its nctice of One commenter stated that peregraph related to the assessment of charges and adoption of site standarda in December (2) under the definition of"agency waiving of fees for records requested 1985 (50 FR 50241),it ac. knowledged that record" is incongruent with I 9.200(b). i under the FOIA.ne Act requires which defines NRC personnel to include approximately 25 to 35 percent ofits i affected agencies to un the March 27 contreetors. Part 9 was emended in 1985 l hcensees were considered to be small 1987 (52 Dt 10012) OMB guidelines in entities, neae ticansees were comprised to remove the reference (in former i 9 4 l a structunng their implementing Availability of Records) to NRC i V of vanous discrete groups, chiefly regulations. The new fee structure private practice physicians. small contractor records because exf sting case l provisions of the Act became effective radiography and wellloggtnt law end long standirq agency preetice  !

O on Apnl 2.5.1987. companica sad vanous othe small held that records not ectually in the poesesslon and control of the NRC are l Important feaures of the new fee '

independere. entities scattered amon8 nnt agency records. ne definition in structure involve substantial changes the remaining NRC material !icensees- I that relate to agency charges for search, it would be irrpossible to draw a review, and duplication of records. In becaus(e 19.200(b)is in Subpart D correlation between small retities add; tion the new guidelines set forth among NRC licensees and persons or "Production or c;isclosure in response to l procedures for conducting y arches entities ah Sg Fradom of subpoenas or demands of courts or l without charge, duphosting records Information Act (FO!A) requests.ha the other a uthorttles," sod pertalna to the without charge, waiving or reducing a Secucities and Excdienge Commission powvr of subpoones'end oewt orders fee, and the provisions he aseessing indicated in its initial Regulatory which la broeder in scope lhor the term i

interest on unpaid billa that are more Flexibihty Analysis (June 29.1987; 82 m "agency record

• which dennes the .

than 30 days delioquent. Moreover, the reach of the FOIA, 24145). "Ihere is no reasonable method Freedom of information Reform Act of for estimating the number of entitaea ne same commenter questioned the 1988 requires the agency to provide the involved." Neither the Freedom of content of paragraph (4) of the same first 100 pages of requested records free Information Reform Act nor the definition and asked who would make of charge fer requests other than for guidelines of OMB and the Department the detertnination of what infortnation is commercial use. of Justica suggest that agencies should substantial and what is not. ne Conforming amendments have been tier or reduce the fees for any groups of made to Part 2 and Part 9. Subparts B. C, requesters not sp J3 ally mentioned in '

$,',^

and D to conform cross references to the renumbered sections of Part 9.

the legislatfort Ab a matter of practice, 9,(g', yg' a[nd Tr,..ury CIA F ru o. wea. sie, however, the NRC routinely places ICC N ASA; .MtQ Pomi Sena and SEC 49352 Federal Register / Vol. 52, No. 231 / Thursday. December 31, 1987 / Rules and Regulations -

recommendation, the NRC has decided Tms Co. v. NASA. Civil No 86-2860 commenter also questioned if the (D.D.C. lune 3.19871) (appeal p endmgl.

escretionary practice could shield to retain this sentence because the his section implements 5 U.S C.

commenter has provided no basis for its potential wrongdoing. Another deletion, and the NRC believes this 552(a)(2) of the FOIA, which does not commenter recommended deleting have the threshold requirements paragraph (4) because it dupheates provides appropriate clarification.

mentioned by the commenter.The paragraph (3). As the commenter stated- J, Section 9.27 A ency Records threshold requirement found in 5 U.S.C.

"Records are either personal records or Exempt from Pudic Disclosure $52(b)(6) is implemented at ( 9.17(a)(6).

agency records, depending upon their ex a no on a o y i nM MMdM dicat d a s I ner appeared in l9.5 Exemptions has been Reco s appointment records and telephone logs deleted in proposed l9.17, and one A commenter noted that the proposed were not agsncy records, as long as the commenter suggested that this was due section (19.21(c)). which supersedes records did not contain any substantive to a typographical error. When the NRC former i 9.7, deleted "final vote of each information and they were not was revising the FOIA regulations, a member of the Commission in es ery circulated for any agency proceeding." Section 9 2'.(c) specifically decisionmaking.This view was upheld decision was made to list the exemptions exactly as triey appear in implement 5 U.S.C. 552(a) which M a 1964 decision iri Bureau o/Notionc/ the law. For that reason, all of the defines foor cat.gones of records which Affoirs Inc. v. United States. D.C. Cir. explanatory mformation has been must be made public.ne NRC dropped No al-1138. In that case, the court "held removed. the reference to final votes because it they were not agency records because n e was not specifically stated in d U.S C.

they were not distnbuted to other employees and because they were (co pa n 552(a) as a cakgory hcos from the exemptions will"permit the

6. Sect.on 9.2J Requests for Records public disclosure of a greater range of fnd dual o ce n an oh NRC documents . As previously One commenter recommended the their personal and business " he deletion of paragraph (c) because it appointments." in the event a FOIA fl ,"hf,'n.'b k C! pertairied to when reccrds were made request is made for a specific Ca g riu y 8 available at a contractor's site. The NRC Commissioner's sopointment calendar. ,, ,}y made icfyld' ail bl [ disagrees, and the paragraph will be the Assistant Secretary of the retained because there is. for esample.

19 21.This commenter also concluded Commission. in consultation with the that under the expanded scope of the possibihty that records could be Commission and the Office of the 0" 7 th I b' PP made as ailable at an NRC Regional General Counsel, will make a disclosure (*,' anirati rote t Pjn'y' Ofnce.The same commentu determination. information which [it] obtains from recommended a slight modification of Another commenter stated that the criminal history records forwarded to it paragraph (d) to indicate that "the )

definition of "news

• would 'be crucial pursuant to 10 CFR 73.57 and Wroductory 'except' phrase applies to j in decidmg whether a requester is subsequently povided to the NRC." and both sentences?' The NRC has made this entitled to the benefits enjoyed by a i i)"any information which the NRC has i change.

representative of the news media."The obtained from investigative reports l

commenter rnisunderstands the purpose provided by liti such that the release of 7. Section 9.25 Initio/ Disclosure of the definition of news. In the OMB that information could reasonably be Determination guidelines it was a part of the definitio,p expected to result in the identification of Several commenters addressed this of"representatives of the news media. suspects, witnesses, complainants or and ths NRC decided to separate the section. One commenter concluded that ,

j employees or otherwise interfere with this section will require any NRC f term mto two separate definitions; the effectiveness of an Employee  !

however, this separation has led to employee who intends to release an Assistance Program." It should be noted otherwise withhntdable lp orietar>)

some misunderstanding. and they are that the commenter's orgamration is not g being put back together to conform to a Federal agency so the Freedom of record provided by a hcensee to first obtam the hcensee's approval prior to the OMB definitions. The defimtion of information Act has no apphcabihty to releasing the record. The commenter ha s news does not require each FOIA his records. However to the extent that his organization's records are used by a drawn an inaccurate conclusion.

requester to be involved in matters "of Currently. Part 9 has no procedures current everits" or "current interest to Federal agency in a law enforcement the public" in order to obtain records, proceeding. the records could quahfy for pertaining to the decision to disclose records contaming propnetary but representatives of the news media protection from public disclosure by a information; however.10 CFR 2J90(b) should be. In addition. in response to Federal agency under esemption 7. does contain detailed procedures for another comment, the proposed

4. Section 919 Segregation of Exempt assunng the proper handhng and definition of representatives of the news rnedia has been expanded to conform Information and Deletion of /dentifying protection of records containing this more ecmpletely to OMB's final 08f0f/8 type of information.

defmition of the term to imply that One commenter noted that this Another commenter stated that with newsletter publishers are included in section permits the NRC to delete names regard to paiagraph (d). the FOIA this group. and identifying details which would provides time for consultation betwr constitute a clearly unwarranted agencies but does not allow "who' One commenter recommended referral of requests which are esclusne deleting the last sentence from the invasion of personal pnvacy, but states defmition of "record" that reads that the agency proposal"eliminates the or primary responsibihty of another

' Record does not include an object or threshold test la determination that the agency." The commenter has drawn article such as a structure, furniture, a information witbhcid appears in some erroneous conclusions regarding tangible exhib.t or model, or a vehicle or personnel and meical or similar filesj rout ne NRC procedures (c processmg piece of equipment. In response to this for invoking that esemption."(New Fork IOIA requests. If the reccrds that

Federal Register / Vol. 52. No. 251 / Thursday. December 31, 1987 / Rules and Regulations 49353 respond to a FOLA request received by la Section 9JJ Duphcotton fees the NRC contain other agency records (i)ne NRC agrees mth this comment enong the NRC records, the NRC and the title and introductory test have segregates those records and ascertains ch ge in p ragrap (b)(1) as not the been changed to delete the word whether or not the records in question same as the charge at the NRC's Publu: duphcation.

have been made pubhcly available. If Document Room' (ii) and (iii) In dev elopmg this rule, tne they have been the NRC will release c s fo p a g ds at NRC followed the OhfB guidelines them. lf they have not been made Do p ne th,, , which state that the elements of & rect pubhcly available, the NRC will refer g costs are the basic rate of hourly pay of the records to the appropnate agency for [n ateho e ns cia races in the employee performing the task plus a disclosure determination and. usually, high valume duphcadon which affords 16 percent for innge beneuts. The NRC a direct response to the requester. high cost efficiency. In contrast. in 198?. als ident10ed three types of A third comrnenter recommended a the NRC performed an in-bouse study of homogeneous effort involved in the NRC shght modmeation to paragraph (b). reproduction costs for typical FOLA search and review process--clencal.

which the NRC has made. ne requests. The figure dem ed-20e per professional / managerial, and executive /

comtnenter also requested the deletion page-is based on the following. Commission-and for each level, the of paragraph (f) because .,as a practica3 *

• the operator.a utary, fqured on ao NRC estabbhed an asef age salary matter. this procedure has never been amap grade oN/t for a copy mah* figure. After estabbbing these figures.

b ndery worker m the quick copy center and the NRC consulted with OMB and that followed by NRC." he NRC disagrees and the prosision as bemg retamed, cs 6/1 for the aserage ciencal worker opereurts a cepy machine in the satellite

• yyj [ ,

.a 8 Section 929 Appeo/frem Initio/ copy centers. the machine costs as wef! es methodology produced. Moreover, seven Determination copym supphes.These Agures were based of the 15 agencies surveyed gave no on NRC wide copyina costs over the past specific salary Ggures but in&cated that One commenter recommended the yur. A degree of difficulty 8.7 m as added deletwn of paragraph (d)"smce it becsuse of the hiahly enatonused stybe of the fees for search and review ware the work required to copy most FOtA documenta actual salary of the employee represents an internal procedure which performitig the taak plus 16 percent. De that must be diussembled. hand. fed.

should be included in the NRC Manual reasse obled to accordance eth twentory remaining & agencies indicated spec 15c rather than the regulations." amounta, although there is very little instrucuons. This factor of difficulty was the The NRC disagrees and is retaining re o unifo the paragrsph because the :ect>on tells tktme se, kin the . has d@ecided to leave its fees asm the pubhc how the agency presses 'The base per cost costs are deternuned by a proposed.

a ppeals. review of esency. wide agures and thna an (iv)In response to this comment, the not subtect to fluctuanons in volume la a 9 Section 9.JJ Scotch. Review and queamy as small as enoce pages m a year, review for wtiich the NRC may charge is SpecialService fees defined in i 9.13. nis definition lellowa ne NRC's figure of 20e per page is 6e language used to denne new in Seural commenters objected t not out ofline in comparison with other the OMB siedelines. The NRC believes paragraph (a)(4) which permits the NRC agenci Fw example, d15 ageoein that the definition adequawly dennes to assess fees for unsucceerful searches. listing fees, the Department of Energy la the types d rmw eHort fw which h Section 9.b. of the final OMB the only agency with a price as low se NRC may chage Guidelmes published on March 2:' 1987 5< per page. ne average of the 15 (v) No change bas been made. The (52 FR 10012) states that "Ageocies agencies is almost 18e per page. For commenter le tnearrect in the assertson should give notice in the regulations that these reasons, the NRC willleave that the NRC hea enade provision for they may assess charges for time spent paragraph (b)(1) unchnged. quarter. boer time periods a les searching, even if the esency falls to regulations,

11. Section 927 fees for Search.

locate the records or (! records located Reneee'. adDuplicaw ofRecords by !Uection m Seerck and are determloed to be enempt from NRCPersonnel disclosure." Further,if an agency Duplication Proeided WMnout Charge estimates that the search charges will One commenter made several ne commenter bebevee the exceed $25. the agency must adde the recommendaticas regarding this sectiott: categories of requesters are too riarrow requester, unless the requester agreed m (i) A separate stafi:hstge for and tend to exclude bona fide nonprollt duplication abound be deleted ohnce advance to pay fees es high as what the public intcevet orgonhations agency anticipates. Under the Freedom costs are already induded 6n the copy cost (ii) charges should be based on the in responding to public comments of Information Reform Act. 5 U.S.C. regarding this point. OMB indlested that

$$2(a)(4)( A)(ii) provides for fees to be actual salary of the person performens the search, not an average grade of all the leghfattee history does not define charged for search for allrequesters the term *educationalinstitution"(52 FR employees: (iii) if (ii) is act acceptable.

exmpt educational or non-commercial 10013). In response to comments scientific institutions or representati=ee the retea should be reduced to 310 for recoremenckng the defLitftfon of clerical etsff and 330 for professional of the news media when the records ar. sleft:(iv) the regulations should tanke educatitm m ' etitution to be that used by not sought for comnercial use. In ' the IRS for inetitutiona qualifying for ta x clear that review time will only be a ddition. 5 U.S.C. 552(a)(4){A)(iv) charged once and not for sech level of exempt status. OMB commented that tt provides that "fee schedules shall review; and (v) NRC should make clear did "not think it appropriate to tie provide for the recovery of only the ehgibihty for inclusion in the 'edecation in the regulations that it will cheese direct costa of scorch, duplicahon, or costs based on quartee.bour time instituhon' fee categr ry to an IRS review * * *.(Ernphasis added) penods as the current regulations do.

interpretation of de mstitutiott Therefore, the NRC has not changed The NRC response to these ehgibihty for tax exempt status"(52 FR paragraph (a)(4) of this section. 10014). The NRC believes (t is prudent recommendations is as follows: and exhibits the goal of uniforrnity to

49354 Federal Register / Vol. 52. No. 251 / Tharsday. December 31, 1987 / Rules und Regulations _

charge fees if the cost of collectmg the edetts the eff ciens) of the FOI A sief! and use the same definihons that OMB has 15e Dmaion of Rulco and Records fee is equel to or greater than the lec used. itself-ne NRC behes es this \nterpretation

13. Set tion 9 41 Requests for Woiseror is incorrect In onlet to correct it, the There wdi be un economic impact on Pet %/uchon of recs NRC has deleted the phrase "within 10 all requesters. llowever, the most significant economic impact wdi fall on Most commenters generally behesed working da3 s" from the paragraph. commercial.use requesters. In keepmg that this section is too burdensome, that

15. Ceneral Comment with the intent of the Federaluser fee the threshold is too steep to os crccme. concept, the NRC will charge One commenter made the following and that the Department of justice commercial use requesters full direct Guidelmes go beyond the Intent of the general comment:

cost fees for all search for, review, and law. Some suggested that the NRC NRC should clarify the status of dupcation of requested records.

should not use the e questions contained orsenizatior.s such a s nonprofit pubhc Cornmercial use' requesters are not in the justice Culdehnes but should use inierest groups and state agencies which do noi readdy fau wuhm the deftnttions set forth considered to be "small entities." and the text indicated in the needom of in the rulo Are such smupe echtled to en the NRC beheses that assessment of the Information Refonn Act which consists automanc waner or do the pay full costa fees will not cause a sigruficant of only two testW"if disclosure is in the pubhc triterest because it is likely to *{"y* ,','n 9 "j"M* economic burden on them.

contnbute significantly to pubhc remeds for his own. un commerdal. M WM ha! h fw understandmg of the operations or w,n,, o, rygg co,i,s Commerdal Use Requesters activities of the government and is not 1he NRC is following the guidance (Figure of 350 commercial use requesters pnmanly in the commercial (nterest of wub regard to the categorin of ba sed on actual 19t2 statistics) the requester.- requesters as defined by OMB.The t e.rch costs (% Clencal + % Pto.,_ $ 3 4 a o The NRC has independently rniewed legislative history is sdent with regard r,,,,on,ij . . . . . . . _,.

the Department of lushce Guidehnes to n nprofit gr ups.Within the NRC fee Reuen cosis (profesuonall . _ _ traio and beheses that the factors adopted waiser requests fr m these groups will reflect the intent of the law however, Total eshmated costs ..-. . .._ ut (no be handled on a case.byuse basis. sd the NRC has decided to delete factors 7. requesters. the Freedom of Information Endrunmental Impact: Ca tegorical it. and 9 of I R41(d) as a rnuit of its Reform Act requires agencies to preside further reflection of the comments Esclualon 100 pages and two hours of scarth time One commenter recommended. for The NRC has determined that this free of charge in addition, these paragraphs (a)(2) and tb). addmg the final rule is the type of action described words "in escess of those authonted by requesters may request a waiver or in categoncal esclusion 10 CFR reduchon of fees. whah would normally i 9 39" after the word "feet " Accor ing 51.22(c)(1). Therefore, neither ao be charged for duphcation and search to the commenter, this would "make environmentalimpact statement nor an hme in excess of the Initially waised clear that the specific Information environmental assessment has been amounts. sf they can show that their should only be submitted when a fee prepared for this final rule. request for agency records is in the waiver is requested be3 ond the Paperwork Reduction Act Statement pubhc interest and is not pnmanly in automanc waiver bmtts." their commercial interest, ne NRC beheves that the charges are This final rule does not contain a new or amended information collection As a result of the amendments.

clearly specified m tha Freedom of ses cral prmcipal economic impacts on Information Reform Act et 5 U.S C. requirement subject to the Paperwork the NRC are espected Addit onal 552tal(4)( A)(u) and in the NRC s Reduction Act of 1980 (44 U S C. JS01 et admmistratn e effort wdl be required b) regulations at i 9 39 Derefore, no seg ) Esisting requirements were the staff to record time spent in change has been made to these two .approsed by the Office of Management Q paragraphs and Dudget approval numbers 31540136 processing FOIA requests. time spent m recordicg etaff processmg reports. and (Part 2) and 3154043 (Part 9}. time spent m determinmg the amount

• 14 Section 9 43 Prticessiry of Requests for a Wan er or Reductmn of fees Regulator) Analpis requesters wdi be bdled Also.

The final rule implements the additional staff duphcation effort wdl be One commenter suggested that there prousions of the FOIA as amended by required to proside requesters copics is an mconsistency between paragraphs that must be presided without charge the Freedom of loformation Reform Act (a)(2) and (a)l5) and recomrnended of 1966 and bnngs Part 9 into revamp the second sentence 6n (al(5) to Estimated Annual Costs for NRC To read. "If the fee is between $20 and $250. conformance with current agency Process FOLA Requests the NRC may not beg n to process the practice and se$eral of the maior recommendations of the Office of the Ifigures based on estimated 831 hours0.00962 days <br />0.231 hours <br />0.00137 weeks <br />3.161955e-4 months <br />) request untd the requester ag ecs to staff record 1c of time (w cencal bear the estimated costs." The NRC General Counsel + % professionall str 00 beheses that the factors relating to The Freedom of Information Reform s in o Act of 1966 estabhshed (1) three les e!s Ethns Costs _.... _ . _ .

assessment of fees should be remosed of fees. (2l new standards for walvmg or Duphcanon of first too free pases from this section into a newly created 13 oto shesis = $ o per page).. ._ 500 section. I 9 40"Assessment of fees", for reducmg fees, and (3) an esclusion from Prosiding records without charge. To'at estimated costs . 25 W purposes of clarity. llasically, the NRC wdl not charge fees The commenter also made the Regulator) Flesibiht) Certification for the first two hours of scarth and the followma observation. firm 100 pages duphcated for all As required by the Regulator) in i 9 4)(dl, becau se of the mandat try requesters, escept commeruel.use Fleubihty Act. 5 U EC. 605lbl. the sham lansuase NRC in to be conarsiutated requesters Any requester may also seek Commission cerufies that this rule does for tabns the pos'non that it will not tha1, not hase a significant economte impact free if it does not act upon a (ce maner a wasse r or reduction of fees for records in escess of 100 pages The NRC will not on a substantial number of small request within 10 days This prous.on clearly

Federal Register / Vol. 52. No. 251 / Thursday. December 31, 1987 / Rules and Regulathas 4'13

~

entities. nis final rule implements the (i) Could reasonably be expected to Freedom of Infortnation Reform Act of (d) The following information shi!! be interfere with enforcement proceedings: deemed to be commercial or Dnancial 1986 (Pub. L 99-570) which includes the (ii) Would deprive a person of a right establishment of three levels of fees and information within the meaning of to a fair trial or an impartial { 9.17(a)(4) of this chapter and shall be specific provisions regarding waiver or adjudaation:

assessment of fees for search. review. subject to disclosure only in accordance (iii) Could reasonably be expected to with the provisions of i 9.19 of this and duplication of records. Because the constitute an unwarranted invasion of chapter Freedom ofInformation Reform Act of personal privacy: * * * * .

.986 p*ovides relief for all requesters. (iv) Could reasonably be expected to except for commercial use requesters, disclose the identity of a confidential through waiver or reductions of fees, tl:e source. Including a State, local or PART 9-PUBt.lC RECORDS NRC does not believe that the ma}onty foreign agency or t.uthority, or any 3 The authonty citation for Part 9 is of potential requesters would fall under private institution which furnished revised to read as follows:

the definition of "small entities" set information on a confidential baais and. Authonty Sec. tot. ea Stat. Ma. as forth in the Regulatory Flexibility Act or in the case of a record or information ameeded (42 U.S C. 2201t sec. 201, as Stat.

the Small Business Size Standards compiled by a criminallaw enforcement issued by the Small Business 1242. as amended (42 U.S C. 5a411 authonty in the course of a criminal Administration at 13 CFR Part 121. investigation. or by an agency Subpart A also issued under 5 U.S C.

552, 31 U.S C. 9701: Pub. L 99-570.

Backfit Analpls c nducting a lawful national security Intelhgence investigation information Subpart B is also issued under 5 U.S.C.

This final rule pertains to the furnished by a confidential source: 552a. Subpart C also issued under 5 implementation of the Freedom of (v) Would disclose techniques and U.S.C. 552b. I information Reform Act of1986. procedures for law enforcerrent 4. Section 91 is revised to read as therefore, no backfit analysis has been insestigations or prosecutions, or would gjnw,.' '

prepared. disclose guidelines for law enforcement 1

{ s.1 Scope and purpou.  ;

Wd%d investigations or prosecutions if such (a)Subpart Aimplements the 10 CFR Port 2 disclosure could reasonaoly be expected provisions of the Freedorn of

)

to nsk circumvention of the law; or i Administrative practice and information Act. 5 U.S C. 552.

Ni) Could nasuabQ be expected to conceming the availability to the public procedure. Antitrust. Byproduct endanger the ife r physical safety of '

any individual, of Nuclear Regulatory Commission matenal. Cla ssified information.

Environmental protection. Nuclear

• * * *

• reenrds for inspection and copying. I materials. Nuclear power plants and (b)(11, , , (b) Subpart B implements the

• eactors. Penelty. Sex discrimination. provisions of the Privacy Act of1974. 5 (ii) Contains a full statement of the Source material. Special nuclear U.S C. 552a. concerning disclosure and nasons on the basis of which it is availabihty of certain Nuclear material. Waste treatment and disposal. cla,medi that the information should b* 1 withheld from public disclosure. Such Regulatory Cominission records ,

10 CTR Port P maintained on individuals. I statement shall address with specificity Freedom of information. Penalty, the considerations listed in paragraph (c) Subpart C implements the i' Pnvecy. Reporting and recordkeeping (bX4) of this section. In the can of an provisions of the Covernment in the requirements. Sunshine Act. affidavit submitted by a company, the Sunshine Act. 5 U.S.C. 552b. concerning For the reasons set out in the affidavit shall be executed by an officer the opening of Commission meetings to or upper level management official who pubhc observation.

preamble and under the authority of the

' Atomic Energy Act of1954 as amended, has been specifically delegated the (d) Subpart D describes procedures the Energy Reorganiulion Act of1974. funGu of nyiewing the infonnatim governmg the production of agency as areended. and 5 U.S C. 553, the NRC sought to be withheld and authortzed to .

records, informa tion, or testimony in 1 response to subpoenas or demands of is adopting the following amendments to apply for its withholding on behalf of 10 CFR Parts 2 and 9. the company. The affidavit shall be courts or other judicial or quasi ludicial executed by the owner of the authorities in State and Federal i PART 2-RULES OF PRACTICE FOR information. even though the E' ""d'"8 '

DOMESTIC UCENSING PROCEEDfMOS information sought to be withheld is .

11 s.1a,9.3,9.5 and 9.8 Inemovedi  !

1. The authority citation for Part 2 submitted to the Commission by another person. The appl ication and affidavit 5. Sections 9.1a. 9.3. 9.5. and 9.8 are l continues to read as follows: removed.

shall be submitted at the time of filing Avebority:Sec. let, es Stat. Ms. as the infe:mation sought to be withheld.

amended 142 USC. tan k sec. act, as Stat. I 9.2 (Redee&9 nated na { 9.31

'Ihe information sought to be withheld 12at, as amended 142 USC. 5s4tk shall be incorporated, as far as possible. 6. Section 9.2 is redesignated I 9.3 and s 3. In i L790, paragraphs (a)(7). Into 8 separate paper. The affiant may revised to read as follows:

(b)(1)(li), and (d) are revised to read as designate with appropriate markings I 8.3 DefmM8cas-gajjo,,. Information submitted in the affidavit as As used in this part:

a trade secret or confidential or i 2.790 Pubec t r,e, exempt 6ons, privileged commercial or financial "Commission" means the Commission requesta ter wethhaedh9 of five members or a quorum thereof Information within the meaning of (a) * *

• I 9.17(a)(4) of this chapter and such sitting as a body, as provided by section (7) Records or information compiled 201 of the Energy Reorganisation Act of information shall be subject to 1974.

for law enforcement purposes, but only disclosure only in accordance with the to the extent that the production of such provisions of { 9.19 of this chapter. "Gos ernment agency" means any law enforcement records or information. * * * *

• executive department, military department. Covernment corporation.

426 Fedesal Register / Vol. 52. No. M1 / Thursday, December 31,19tI7 / Rules and Regt.lations _.

• - or the person on wbone la half the Gosernment-controlled corporation, or request is made.

919 S'8 resdhon d * 'W *ak""d"" 'ind other estabhahment in the escatn e d 'Ostect custa" snean b upendturm branch of & Coverament (includans the ,3 d'M'["g ,,'d'h"$Nf' that an asency 6ncws la searchina lue Executn e Office of the Presidant1. or s :3 Reques+s fue remds. and duphcattng symcy eccnrds. For a en) independent regulatnry agency. 92.5 Irubat disclosure deternastenn coevnercial voe request, direct coeui "NRC" meenas the Nuclear Regulatte av fiesta and cumtent of responses mchsde the eavendituire snvolved in Commission, eatabhshed by the Energy 9 28 Aweal Prora emoaJ detararaeum revtening comrds to respond to the 9 31 Estension of time for mapan**

Reorganization Act of 1974. 8#8 M reanw. and apmal '"' request. Descitmots incbde tk salacy "NRC personnel" means employ ees. g* UI

• M F" '* M O' consultants.and ameenkse of eWenn g a gEnessenent of interest and debt wceh beamt on that bens rute o(pay boards. committees, and panels of the cacc, gen. plus le perturt of that seto to arwr NRC: memtms of boards designsted by 9 35 Dqpheaten P,,,_ dringe berunas a ad die cast of operatusg e.37 pose str seerdt end review of eyenn the Commisn'tm to preside art soaarda br rec persormel. durdmomm6 inechimary.

adjudicatory promedutgs: 4od ofBoers e.as rewch and (Wtien pmided ' Otgesetxan* means the process of or employeee of Covernment agencies, ""h**8 (A* makmg a copy of a rocasd nomsaecy to including miWtacy perscemet. aeshtned to respond to a regoest made tmder i s.2s.

% et de NRC l[ g,",,*t,y'Irt ,

,', ,, ,,3, c y ,, ,7 Copies inny taka the foem of paper copy.

"Working days" meen Monday r, , , microform. audio visual maternale, disk.

o 49 processtna of requers for a w aber or magnetic tape, or machine readable throutih Friday, noept led hohda y s. ,,d ew n d f,,,

e 45 Arueust sepsene Cnos documentatton. amens others.

n 29 tRecedgnoied as t t 5) "Educatsuaalinsattation" means an

7. Sechon 92a to redesagnated l 9.5 Subpart A-freedom of Micetnam mshtut>om whe opeentes a pmgram or and is resised to read as fonows. Act Regulatnons pengrarns of scholar 4y rwaeerth.

Educauonal mititunon refers to a IS5 Interpretatens- ,, 3,, ,3 ,,,t preschool, a public or pnsate Except es specifically authonred bs '

% subpart prescribes procedures (or elementary or secondary school en the Commrsston in wnung. no "DNE WO""U Mk* institution of graduate higher educanon.

mierpretet.on of the reo.trung of the the pu%c for mapracima and copymg an mshtutton of undergraduate lugher regulatans in dis part b) en offur or purs4 ant to the provtsams of th' educanon.en tanutubon of professional empicpe of the Comnussion other dan Freedom of Information Act (5 USC education, or an instituhon of vocahonal a w rittea iCtttpretathon b) the General 552) and prosides nonce of procedures education Counsel will be reccsmzed as bmdma I r obtain ng NRC records otherwtu .' Noncommercial scienufic institut oa" upon the Commissico- publi as allable. Thas subpart does not *neans an iristitiation that ta not opeseted affect i e dissernination or distribuhon on a commercal basis. a s the tartn I e.2b (meseetenewd ee I e 4) of NRC ongmated, or NRC contractor "commercial"is referred to m the

8. Secuan 9 :b is redesignated ( 9 8 origNted. informahon to the public. defimtion of "commercial use request.'

and revsed to read as follows. under any other NRC pubhc. techmcal and is operated solely for the purpose of I e a interwaansn conection requeements.

or otherinfornation program or pohc). conduoung scient fu; research, the OldBappr M results whw.h are not mtanded to Ieis pen,ut not promote any perucular product or (a) TH NFC b5 eemtted ibc As used m this suhratt mformatmn c@ectmn requuements " ' Wncy rM' t, a mcoM in the u 4 ,, , urJess otherwrse mdic.ted.

%,Off4ce contamed in this part to the Omre of '

• nd control of the NRC that means all offices boards panclt and Management and Iksde (OMB) for P"""o'c'ra"ted is as with Government busmess l ad wy c cumnees of the NRC.

l' approval as reqvtred by the Paperwork Ag-ncy record does not include remtd, F.ecord tr.esns any boa paper, Reduchon Act of 19A0 l44 U S C 3Vrl et sucha*.- map. photogr.ph. brucht,re, ponch card.

sen 1 OMB has approved the (1) Pubhcly as enable books madnehC tape. paier tape. 6ound mformanon collection reqmrements per odicals t other pubhcthen t t contamed m this pArt Under cMiml recordmg pamphlet shde monon are wned oe copynghted b3 non.

picture.or other docuruentary matensi nenber 315043 Federal sotrrcvs; (b) The appres ed tafermabon (:l Records sotely in the ponession retrardbs of forra or charactenstics Herord does not mi ude an obp ci or collechen requirements contamed in th.is and control of NRC contractors.

(3) Personal records m posmston of arhele such a5 a strutture. furrntet a part appeat in { { 929 941.954 955 taryrble esh: bit or model, a r hicle. or and 9 202 NRC personnel that have riot been c>roulated. were not required to be piece of equipment.

9 Subpart Acurrently conents of *Representatae of the news media" il 9 3-916 New { { 9.3,9 5, and 9 8 are created or retamed by the NFC, and ren means any person actively gathenns redesignated to precede Subpart A and be retamed or discarded et the anthor's news fie an ently that u ocyamsed and the remammg section in Subpart A are sole discrchon, or recoed M a personal nature that are not asaccanted with any operated to pubbsh or broadcat news renumbered and reused to read as to the pubhc. The term ' news" means follow s (new { { all through n 45) Gowmment busine se; or mformahon that a about current esenti suespart A4rwooorn or Inronmenon Act 14) Non-subetemive informatain m or that wcmid be of current tnWest to loss cr schedule tumks of the Charrman the public Esamples of news media negutacona or Comrunsioners. unnrt:Aased escept g f r typmg or recordmg purposes. entines include tricusion or radio ,

ttahons broadcasung to the pubhc at )

e u We ef vepet "Commerical.use regasst" means a 9 13 Definii" ns Istpe. nmi pubbsbers of penodicala (but request mode smder { 923(b) frir a use or 915 As adelnbry cd records only m those matanc.es when they can purpow rhal furthers the commernal l 9 t? Asero reareds esempi from pubhc qualdy as dissemmators of "cews") who trade. or prof 61 mterests of the requester dandoe ure. l i

{ Federal R:gister / Vol. 52. No. 251 / Thursdxy. December 31,193 / Roles and Regulations 49357 mac their produe.ts avadable for (2) Recortis related solely to the 191 Geoloccal and geophy sical

)

parchase or subscriptions by the general micrnal personnel rules and pracbe es of information and data,includmg maps.

pubbc the agency- concernmg wells.

• Review" means the process of (3) Records specifically exempted (bl Nothing in this subpart authonies eumining reconis identified as from discloscre by statute (oiber than 5 withholdine of information or hmitmg

, responsive to a wrnmercial.use request U S C. 552b). prodded that such the asadabihty of records to the pubhc i to determine whether they are esempted s ta tute- except as specifically provided m this from disclosure m whole or m part. (i) Requires that the matiers be part, nor is this subpart authonty to Also, review includes exammmg records withheld from the pubhc m such a withhold infor' nation from Congress.

i to determine which Freedom of manner as to leave no discretion on the (c) Whenever a request is made whah informahon Act exemphons are iss ue. of mvolves access to agency records appbcable. identifyms records or l'i) Estabbshes particular cntena for desenbed in paragraph (alt 7) of this portions thereof to be disclosed. and withholdme or refers to particular types section, the NRC may. dunng only such s ext:smg from the records those portions of matters to be withheld. time as that circumstance continues, which are to be withheld I4) Trade secrets and commercial or treat the records as not subject to the "Search" means all time spent looking I'nancialint rmation obtained from a requirements of this subpart when-f 3r rcurds. either by manual search or Person and pnvileged or confidentiah (1) The intestigation or proceeding karch us nR eUst6r g computer 15) Interagency or intraagency intohes a possible violation of cnminal programs that respond to a request memorandums or letters which would law and mclud.n2 a paea bppage or hne.by hne not be avmlable by law to a party other i than an egency in htigation with the (2) There is reason to behese th...~

idenufication of responsive mforrnation (i) ne subject of the investigation or with.n the recorcs. d2*nCV

1. proceedmg is not aware of its pendency; "Unusual ciretimstances" mean- (61 Personnel and medical files and and (1) The need to search for and colleci similar files. the disclosure of which would constitute a clearly unwarranted (ii) Disc!csure of the existence of the <

the requested records from field records could reasonably be expected to i invauon of personal pnvacy-facihties or other es ablishments that interfere wi:h erdorcement proceedmss. '

are separate from the office processing (7) Records or information corapiled the request. for law enforcement purposes. but only 19.19 Segregauon of emetept information  !

to the estent that the production of and deletion of identtfymg deta#s.

(2) The need to search for. collect, and such law enforcement records or (a) For records required to be rrade appropriately examine a voluminous information-mount of separate and distmet records available under 5 U.S C. 552(a)(2), the b) Could reasonably be expected to NRC shall delete the name with any which ere demandM in a sity;Ie request; cr mterfere with enforcement proceedings, identifying details. if the release of the lii) Would deprive a person of a nght name or other identifyles details of, or (3) The need for consuhauon, which to a fair trial or an impartial ws!! be cor. ducted with all practicable relating to, a pnvate party will  ;

adjudication: constitute a clearly unwarranted '

speed. with another agency having a (id) Could reasonably by expected to invasion of personal privacy. De NRC substantial interest in the deterunnation constitute an ut.wctred invaaisn of shall provide nouficabon that names of of the request or arnong two or more personal pneecy; components of the NRC hasirtg parties and certain other identdying (iv) Couti oasonably be expected to detads hat e been re<noved in order to substantial subject. matter interest disclose the identity of a conDdantial therein. present a clearly anwarranted insasion source,includmg a State local, or of the personalprivacy of the IW A N '***'**- foreign agency or authonty, or any individuals involved.

privste institution which furnished (b)in responding to a request for l The NRC will make available for l information on a confidential basis, and.

i pubhc inspection and copying any informauon subrmtted under i 9 23. in  !

I in the case of a record or informabon which it has been determined to reasonably described agency record in compiled by a criminal law enforcement the possession and control of the NRC withhold exes 2pt information, the NRC j authonty in the coune of a cruainal shall segregate--

g under the provisions of this subpart, and inveshgation, or by an agency (1)Information that is exempt from i upon request by any person. Records conductmg a law ful national security that the NRC routinely caakas publicly pubhc disclosure nodor i s.17ta) from

' intelhgence inv estigation, informa hon nonexampt information;and available are described in i 9.21. fumtahed by a confidecual source.

Procedures and conditiocs governing (2) Factaal informeammes from edvice, (s) Would discJose techniques and opmions. and iww_ .S m m requesta for records are set forth in procedures foe law saforremaa' j predecisional records analees the

{E23 tnvestiphona et prosecutions, or would information is inextricably intertwmed.

disciose pidelinea for la+r salottaanant i I9AF A98"'Y "**'88 '""'N Pd'* irrvaatisations or prosecutions !! auch or is containedin draDs. legal work l products, and somrdo coeared by the (a) The following types of agency disclosure could teasonably be expected lawyer dient priedega,ce is otherwise to tai cucumvention of the law.or e sempt from diodosere.

records are exempt from public (vi) Coeld reasonably be expected to

, disclosure under i 915: endanpet the life or physical safety of I s.21 Peaseyevetaats e

(1) Recorda p) wissch are specificaDy any individeal;

' (a) Pubbcly available records of NRC authoraed under criteria established by (8) Mettees contained in or related to activities descnbod in paragraphs (c) an Executis e order to be kept secret in exa mination, opera ting, or condition

! and (d) of this section are available the interest of national defense or reporte prepared by, on behalf of. or for through the National Technical foregn pohey, and (ii) which are in fact the use of any agency responsible for Information Service.Subscripuons to proper 1y classified pursuant lo such the regulation or supervision of financial these records are avadable on 48x Executive order, institubona; or microfiche and may be ordered from the 4

)

49358 Federal Register / Vol. 52. No. 251 / Thursday. December 31. 1987 / Rules and Regulations National Technical information Sen ice. adsise the requester to select the record ( A) A request ins ches anticipated 5285 Port Royal Road. Springfield. VA from the indeses pubbshed under costs in escess of tFe minimum specified 22101. Single copies of NRC pubbcations l 9 21(c)(6) in ! 9 39 and in the NUREG senes. NRC Regulatory (u)in order to obtain copies of records (D) Search and dupbcation is not Guides, and Standard Review Plans are expeditioust), a person may open an prosided without charge under i 9 39. or also asailable from the National account at the Pubbe Document Room (C) The requester does not specificalt)

Technical Information Senice, with the praate contracting firm that is state that the cost involsed is lb} For the convenience of persons responsible for duplicating NRC record $- acceptable or acceptable up to a who may wish to inspect without charge (2) A person may also order records specified limit.

or purchase copies of a record or a routinely made assilable by the NRC (ii)The NRC has discretion to hmited category of records for a fee. under i 9 21 from the National Technical discontinue processms for records pubhcly available records of the NRC's Information Service 5285 Port Royal responsne to a request made under this cetmties desenbed in paragraph (c) of Road. Springfield. Virgird s. 22161. paragraph (b) unnl~

this section are also made available at (b) A person may request agency (A) A required advance payment has the NRC Pubhc Document Room. The records b) submitting a request been recened NRC Pubhc Document Room is located authonred by 5 U.S C. 552(a)(3) to the (B) ne requester has agreed to bear at 17t7 H Street NW., Washington DC. Director. Division of Rules and Records. the estimated costs:

and is open between 7.45 a m. and 415 Office of Admimstration and Resources (C) A determination has been made p m on Monday through Fridav. estept Man.igement. U S. Nuclear Regulatory on a request for waner or reduction of legal hohdays. Commission. % ashmgton. DC 20555 g; 0' (c)The following records of NRC The request must be in writing and (D)The requester mee, ,he activities are pubhcl> as ailable at the clearly state on the enselope and in the requirements of i 939 NRC Public Docurnent Room for oublic letter that it is a "Freedom of (c)If a requested agency record that inspection and copying information Act request." De NRC does has been reasonably desenbed is (1) Final opinions including concurrina not consider a request as receised untti located at a place other than the NRC and dissenting opinions as well as it has been recen ed and logged in by Pubhc Document Room or NRC ,

orders of the NRC issued as a resuli of the Director. Unision of Rules and headquarters, the NRC may. at its adiudication of cases: Records. Office of Administration and discretion. make the record as atlable for (2) Statements of pobcy and Resources Management.

inspection and copying at the other interpretations which hase been (1) A Freedom ofInformation request covers only agency records that are in location.

adopted by the NRC and have noi been (d) Facept as prosided in i 9.3%

pubbshed m the Federal Redster esistence on the date the Director.

Daision of Rules and Records, receives (1)If the record requested under (3) Nuclear Regulatory Commation paragraph (b) of this section is a record rules and regulations; the request. A request does not coser agency records destro>cd or discarded as ailable through the National (4) Nuclear Regulatory Commisuon Technicallnformation Senice, the NRC Manual and Instructions to NRC before receipt of a request or which are created after the date of the request . hall refer the requester to the National personnel that affect any member of the Technical Information Senice; and pubhc. (2) All Freedom ofInformation Act requests for cop:es of agency records (2)If the requested record has been 151 Records made avalleble for pubhc must reasonabl> describe the agene) placed in the NRC Public Document inspection and copymg under this Room under i 9 21. the NRC may inform chapter and the NRC Manua! lNRC records sought in sufficient detall to Bulletm 3203-15 descnbes the "NRC permit the NRC to identify the requested the requester that the record is in the agenc) records Where possible, the PDR. and that the record may be Pubc) for Routmely Making NRC Records Pubhcly Available"), requester should provide specific obtained in accordance with the information regardmg dates, titles. procedures set forth in paragraph (a) of

16) Current indeses to records made this section msmilable under 5 U.S C. 552(a)(2) and docket numbers file designations. and that are made pubhcly avadable are other information which may help (e) The Director. Unision of Rules and identify the agency records If a Records. shall prompt!) forward a hsted m NUREG-0550.

• Title of last of Freedom ofInformation Act regt.est Documents Made Pubhcly AvaJable requested agency record is not described m sufficient detail to permit made under i 9 23(b) for an agency w bich is pubushed monthl}

(d) Records made pubhcly available its identific.ation. the Director. Dmsion record which is not pubhcly available m under paragraphs (c)f t). f 2). and (5) of of Rules and Records. shallinform the the NRC Pubhc Document Room under requesier of the deficiency within 10 l 9 21 to the head of the office pnmarily this section are also available for concerned with the records requested purchase through the National Technical workna days after receipt of the request and ask the requester to submit and to the General Counsel, as l Information Service.

additional information regardmg the appropriate The responsible office will I i

t t 23 Requesta for recores. request or meet with appropriate NRC conduct a search for the agency records (a}ll) A person may request access to personnelin order to clarify the request. responsn e to the request and compile l records routmely made avadable by the (3) Upon receipt of a request made those agency records tu be resiewed for -

NRC under 19 21 Ln person or in wnting under paragraph (b) of this section. the initial disclosure determination under f I

at the NRC Pubhc Document Room.1717 NRC shall provide written notification il 9 25 and 9 27.

H Street NW., Washington, DC 20$55 to the requester that indicates the (i) Each record requesied must be request has been received, the name of I L25 inittet o.sciosure detenninetion.

descr bed m sufficient detail to enable the individual and telephone number to tallhe head of the responsible office the Pubhc Document Room to locate the contact to find out the status of the shall resiew agency records located m a record.lf the desception of the record is request, and other pertinent matters scarrn under i 9 23(b) to determine not suffrcient to allow the Pubhc regardma the proceesing of the request whether the agency records are einempt Document Room staff to identify the (4)(i)The NRC shall advise a from disclosure under i 917(a) If the record. the Public Document Room shall requester that fees will be assessed if- head of the office determmes that.

Federal Register / Vol. 52. No. 251 / Thursday. December 31, 1987 / Rules and Regulations 49359 although exempt. the disclosun of the to that Government agency for of i 9 41 if the request is for a waiver or egency records will not be contrary to disposition or for guidance regarding reduction of fees, and the pubhc interest and wdi not affect the disposition. (5) A statement that the denial may be nahts of an) person. the head of the (e) The 10 workaryt day penod for appealed within 30 days from the receipt offme may audorne disclosure of the response to a request fer agency records of the denial to the Executhe Director dency records,if the head of the ofhce provided in paragraphs (a) (b). and (c) for Operations of to the Secretary of the authonzes disclosure of the agency of this section may be extended for Commission. as appropriate, records, the head of the office shall unusual circumstances as pronded in (c) The Director. Dwision of Rules and furnish the agency records to the i 9 31. Records. shall maintain a copy of each Director. Division of Rules and Records. (f) in exceptional circumstances letter greeting or denying requested who shall notify the requester of the where is does not appear possib?e to cuncy records or denying a request for determir.ation in the manner provided in complete action on a reqaest withm the waiver or reductron of fees in gg2n rnaxirnum 20 worbrut dJy hmit as er.cordance with the NRC (b) Except as provided in paragraph provided in i 9 31. the Director. Dwision Comp *ebensive Records Dispostt.on (c) of this section,if, as a result of the of Rules and Records. may seek an Schedule.

review specified m paragraph (a) of this agreement with the requesler for a section, the head of the responsible specified extension of time m which to l 9.29 Appeal from intbal determinatson.

off.ce f.nds that agency records should art con the request. The NRC shall (a) A requester may appeal a notice of be den ed m whole or m part. the head c nfirm the agreement fcr an extension denial of a Freedom of trJormahon Act of the office will submit that fmding to i tirre in writmg request for egency records or a request the Director. Divi ion of Rules and (g1If the NRC does not respond to a for waiser or reduction of fees under Records. w ho will. in consultation web reqest within the 10 wurking d4 this subpart within 30 days of the date the Office of the General Counsel. rnake pm d. or within the extended periods of the NRC's denial. For agency recorJs an indenndent determination whether described in paragraph (e) of this denied by an Office Director reporting to the ency records should be derued in ucuan. the nquutu may tnet that ,he Executise Director for Operations or whcie or in part. If the Director. Dmsan dela) as a denial request and for a denial of a request for a waiver or of Rules mod Records, determines that imdately appeal to the Executi*t reduction of fees, the appeal must be in the agenes records sought are exernpt Director for Operations as provided m wnting and addressed to the Executive frorn di,ciosare and dasdosure of the 1934) r sue m a district court as Director for Operations. U.S Nuclear reco:ds is contrar) to the public interest noted m j 9 29(c). Ryulatory Cornmission. Wa shington.

and will adversely affect the nghts of ( 9.27 Form and content of responses. DC 20555 For agency records denied by any pe son. the Director. Division of an Of0ce Director reporting to the (al When the NRC has loca ted a Rules and Reco t!s shall notiff the reqasted agency recorJ .nd has Commiana se Asmtant Secntan of revester cf the dete nination in the determined to disclose the agency the Commission, or by the Advisory runner provided in i 9.27. Commer Management Nr. W record. the Director. Dirsion of Rule.s f c) For apeney records located in the an3 Records, shall prornptly furr.ish the appeal must be in writmg and addres**d ofhce of a Commissioner or m the Office auncy recorJ or notify the reyaester t the Secutan of me Comminion ne of the Secretary of the Commission, the appeal should clearly state on the where and when the agency rec.ed will Asristant Secretary of the Comrnission be available for inspection and copyms n$ el pc and in the letter that it is an shall make the initial determination to The NRC will normally piace copies of lN * , ,

deny agency records in whole or in part agency records disclcsed in re>ponse to The NRC does not consider en appeal unJer i 917(a)instead of the D: rector.

Freedom ofInformation Ao rewests in mat is nd meM n McaW M N Division of Roles and Pecords For t} e NRC Pubhc Document Room and for piragraph as received untilit is actually agency records loested in the Office cf agency ruords relating to a specific "' D C'" I" the General Counsel. the General nuclear pow er facility. .n the 1.cical Operations or Secretary of the Counsel shall make the initial Publ.c Document Room established for Cominu determination to deny agency records in that facility.The NRC shall also adsIse (b) The NRC shall make determnation 5 whole orin part instead of the Duecter. the requester of any applicable fees n any appeal made smder th?s section Dwision of Rules and Records. If the under i 9.33. within 20 working days after the receipt Assistant Secretary of the Comminion (b) Whe1 the NRC denies access to a of the appeal.

or the General Counsel determines that requested agency record or denies a (c)(1)If the appeal of the denial of the the agency records sought are exempt request for a waiver or reduction of fees, request for agency records is upheld in from descJosure and that their disclosure the Director. Division of Rules and whole or in part. the Executive Director is contrary to the pobhc internet and .eill Records. shall notify the requester in for Operations or the Secretary of the adversa&y anact the nghts of any person. writmg. The denfelincludes as Commlule shall notdy the nqmtn of the Assistant Secretary of the appropriate- the denial. specffying--

Commission or the General Counsel (1) The reason for the dental: (i) he wraptions nlied upn.

shall fum! h that determination to the (2) A reference to the speelAc (ti) An explanation of how the Director. Division of Rules and Records, exemption under the Freedom of exemption applies to the agency records who sha!1 notify the requesier of the Information Act and the Commission's withheld: and determination in the manner prodded in regulations authorizing the withholdmg (iii) The reasons for asserting the i 9.27. of the agency record or portions ofit; exemption.

(d) If a requested record that is (3) The name and title or position of (2) If, on appeal, the denial of a located is one of another Govemment each person responsible for the denial of request for waiver or reduction of fees agency or deata with esb)ect matter over the request. includir g the head of the for locatmg and reproducing agency which an agency other than the NRC office recommendmg denial of a record, records is upheld in whole or in part, the has exclusrve or primary responsibility. (4) A statement stating why the Executive Director for Operstmns shall the NRC shall prornptly refer the record request does not meet the requirements notify the person making the request of

49360 Federal Register / Vol. 52. No. 251 / lhursday. December 31. 1987 / Rules and Regulations _

(b)The NRC may charge requesters paragraph N){ll nf this section. plus his decision to sustain the deniah who request the following sersaces for maihng or shippmg charges includmg a statement esplaining why (4) A requester may open an account the request does not meet the the direct costs of the scruce.

(1) Certifying that records are true with the duphcating senice contractor.

requirements of i 9.41. A requester may obtam the name and copies: or (3) The Executise Director for address and billing pohey of the Operations or Secretary of the (2) Sending records by special methods, such as espress mail, package contractor from the NRC Pubhc Commission shall inform the requester Document Room.

that the denialis a final agency action dehvery senice, etc.

(5) Any change in the costs specified und that judicial review is available in a IW A********t W"*' **d **M in this section will bacome effectne distnct court of the United States in the ****** immediately pendmg completion of the distnct in which the requester resides or Commission's rulemaking that amends has a principal place of business. in (al ne NRC shall assess laterest on the fee amount billed starting on the 31st this section to reDect the new charges, which the agency records are situated, The Commission shall post the charges day followmg the day on which the or in the District of Columbia. billing was sent in accordance with that wul be in effect for the interim (d) The Executive Director for NRC's regulations set out in i 15.37 of period in the Public Document Room.

Operations or Secretary of the . this chapter. Interest is at the rate The Commission shall complete the Commission shall furnish copies of all rulemaking necessary to reflect the new presenbed in 21 U.S C. 3717.

appeals and written determinst:ons on charges within 15 working des from the appeals to the Director. Division of (b) ne NRC will use its debt collection procedures under Part 15 of begmnmg of the interim period Rules and Records. this chapter for any overdue fees. (b) The NRC shall essess the I t.31 Estension of t6me foe response. *

• I ' ' 'I" ' " "'

I E30

• U" to be duphcated by the NRC at locatmns (alin unusual circumstances defmed (altti Charges for the duphcation of in i 9.13 the NRC may estend the hme other than the NRC Pubhc Document records made available under i 9 21 at Room located in Washington. DC or at hmits prescribed in i 9.25 or i 9 29 by not more than to working days. The the NRC Pubhc Document Room.1717 il cal Pubbe Ducument Rooms

' Street. NW., Washington. DC 20555 by estension may be made by written (1) Sizes up to 8% s 14 inches made the duphcalmg service contractor are a, " SC' Cop)ing mach nes-~$0 20 per nobce to the person makmg the request follow :: page of copy; and to explain the reasons for the estension (i) Sa cents per page for paper copy and indicate the date on which a (2) The charge for duphcating records determmation is espected to be to paper copy. escept for engineenng other than those specified m paragraphs drawings and any other records largre la) and (b)is computed on the basis of dispatched.

than 17 s 11 inches for which the (b) An estension of the time hmits charges vary as follows depending on NRC's direct costs.

presenbed in il 9 25 and 9 29 may not the reproduct on process that is used. lc)In comphance with the Federal esceed a combmed total of 10 working Adusory Committee Act, a requester (A) Xerographic process-$1.50 per dxys per request. may purchase copies of transcnpis of square foot for large documents or I s.33 Searcti, revkw, and special seevke engineenng drawmgs (random site up to tesumony m NRC Adusory Com%tice proceedmas: which are transenbed by a

'"* 24 mehes in width and with variable length) reduced or full site; reportmg firm under contract with the la)The NRC charges fees for- NRC d2rectly from the reportmg firm at (1) Search, duplication, and reuew. (B) Photographic process-st00 per the cost of reproduction as presided for when agency records are requested for square foot for large documents or in the contract with the reportmg brm A commercial use; engineering drawings (random size requester may also purchase transcnpis (2) Duphcation of agency records esceedmg 24 inches in width up to a masimum size of 42 ir hes frilength) full from the NRC at the cost of reproduction prouded in excess of 100 pages when as set out m paragraphs (a) and (b) of agency records are not sought for size only, commercial use and the request is made (ii) Su cents per page for microform to this section.

id) Cop > nghted matenal may not be by an educationalor noncommercial paper copy. ei6 cept for engmeenng drawmgs and an) other records larger reproduced m uolation of the copynght scientific institution, or a representatise law of the news media; than 17 s 11 inches for which the charge is $1.25 per square foot or $3 00 for a le) Charges for the dupbcation of NRC (3) Search and duplication of agency reccrds located m NRC Local Pubhc records in excess of 100 pages for any reduced size pnnt (18 it 24 inches).

(iii) One dollar per moctohche to Document Rooms are those costs that request not desenbed in paragraphs (a) the institutions mamtaining the NRC (1) and (2) of this section; micro 6chs.

(is } One dollar per aperture card to Local Pubhc Document Room collections (4)The direct costs of searching for estabbsh  ;

agency records. The NRC wili assess aperture card. 1 fees even when no agency records are (2) Self seruce, com operated. I'"h"******d j located as a result of the search or when duphcatmg machines are as ailable at the PDR for the use of the pubhc. Paper

• " "# Y " * * *

• D " P**** ' '

agency records that are located as a The NRC shall charge the follow ms l result of the search are not disclosed, to paper is $010 per page Microform to hourly rates for search and reuew of paper is $010 per page on the reader agency records by NRC personnel.

and (5) Computer searches which include pnnters. (4) Clerical search, reuew. and the cost of operstmg the Central (3) A requester may submit mail order dupbcahon at a salary rate that is Processmg Unit for that portion of requests for contractor duphcahon of NRC records rnade by wntmg to the equn alent to a GG-7. Step 5 plus 16 operating time that is directl, percent innge benefits. ,

attnbutable to searching for agency NRC Pubbc Document Room. The l charges for mail-order duphcahon of (b) Professional /mana genal search.

)

records plus Ibe opec ator/ programmer reuew. and duplication at a salary rate salary apportionable to the search. records are the same as those set out in

)

Fed;ral Res;ist;r / Vol. 52. No. 251 / 't hiirsday. December 31,19W / Rules and Regulations 19361 that is equis alent to a GG-13. Step 5 excess of $250. the NRC may not begin (7) Indicate if public access to plus 10 percent Innge benefits; and to process the request. information will be provided free of (c) Senior esecutn e or Commissioner (f)If the NRC receives a new request charge or provided for an access fee or search, reuew, and duplication at a and determines that the requester has publication fee; and uldry rate that is equis alent to an ES-3 failed to pay a fee charged within 30 (8) Desenbe any commercial or Fl us 16 percent Innge benefits. days of receipt of the bill on a previous pnvate interest the requester or any 6 9.39 Search and duplication provided W W a d W M agem ncos new request for processing until sought.

• '**"'*^*'R payment of the full amount owed on the (a) The NRC shall search for agency (c) The NRC will waive or reduce fees.

prior request plus any apphcable without further specific information

& cords requested under i 9 2.3(b)- interest assessed as provided in i 9.34, from the requester if, from information withot.t charges when agency records is made are not sought for commercial use and provided with the request for agency (q) within 10 working days of the records rnade under i 9.23(b). it can the records are requested by an receipt of NRC's notice that fees will be determine that disclosure of the educational or noncommercial scientific assessed, the requester shall provide institution, or a representatise of the information in the agency records is in advante payment if required. notify the the public interest because it is like!y to news media-(b) The NRC shall search for agen< y NRC in wnting that the requester agrees contnbute significantly to public to bear the estimated costs, or submit a understanding of the operations or records requested under i 9.23(b) request for a wasser or reduction of fees without charges for the first two hours activities of the Gosernment and is not pursuant to i 9 41. pnmanly in the commercialinterest of of search for any request not sought for I 9.41 Requests for walver or reduction of Ih 9 'I t ommercial une and not covered in paracraph (al of this section. '

(c) The NRC shall duplicate agency regarding a request for a waiver or (a)(1) The NRC shall collect fees for records requested under i 9.23(b) searching for, reviewing, and duplicating reduction of fees. the NRC shall without charge for the first 100 pagas of agency records. except as provided in c nsider the following factors:

standard paper ccp.es, or equisalent i 9.39. unless a requester submits a (1) How the subject of the requested pages ii. microfiche. computer, disks. request in writing for a waiver or agency records concerns the operations etc.. if the requester is not a commercial. reduction of fees. To assure that there or activities of the Government:

use requester. will be no delay in the processing of (2) How the disclosure of the (d) The NRC may not bill any Freedom ofInformation Act requests, information is likely to contribute to an requester for fees if the cost of collecting the request for a walver or reduction of understanding of Go,vernment the fee would be equal to or greater than fees snould be included in the initial operations or activities:

the fee itself. Freedom ofInformation Act request (3)lf disclosure of the requested (e) The NRC may aggregate requests letter. information is likely to contribute to in determining search and duplication to (2) Each request for a walver or public understanding:

be provided without charge as provided reduction of fees must be addressed to (4)If disclosure is likely to coninbute in paragraphs (a) and (b) of this section, the Director Division of Rules and significantly to public understanding of if the NRC finds a requester has filed Records. Office of Administration and Government operations or activities:

multiple requests for only portions of an Resources Management U.S. Nuclear (5)If, and the extent to which, the agency record or similar agency records Regulatory Commission Washington, requester h . a commercialinterest that for the purpose of asoiding charges. DC 20555. would be furthered by the disclosure of (b) A person requesting the !;RC to the requested agency records: and

{ 9.40 Assessment of fees, waive or reduce search, review, or (6)If the magnitude of the identified (a)If the request is expected to duplication fees shall: commercialinterest of the requester is require the NRC to assess fees in excess (1) Desenbe the purpose for which the sufficiently large, in comparison with 1 of $25 for search and/or duplication the requester intends to use the requested the public interest in disclosure, that NRC shall notify the requester that fees information: disclosure is pnmarily t . the commercial will be assessed unless the requester (2) Explain the extent to which the interest of the requester.

has indicated in advance his or her requester will extract and anaryte the (e)If the written request for a waiver willingness to pay fees as high as substantive content of the agency or reduction of fees does not meet the estimated. record: requirements of this section, the NRC (b) in the notification, the NRC shall (3) Describe the nature of the specific willinform the requester that the include the estimated cost of search fees activity or research in which the agency request for waiver oe reduction of fees is and the nature of the search required records will be used and the specific being denied and set forth the appeal and estimated coet of duplicating fees / qualifica:lons the requester possesses to rights under 8.9.29.to the requester.

(c) The NRC will ericourage requesters utilise Information for the Intended use to discuss with the NRC the possibility in such a way that it will contnbute to I 9.43 Procwaing of rogdets for a waiver of narrowing the scope of the request public understanding:- '"'d"'""*'

with the goal of reducing the cost while (4) Describe the likely impact on the (a) Within to working days after retaining the requester's original public's understanding of the subject as receipt of a request for access to agency objectis e. compared to the level of understanding records for which the NRC agrees to (dj if the fee is determined to be in of the subject existing prior to waive fees under i 9.39(a) through (d) or excess of $250, the NRC shall require an disclosure: I 9.41(c), the NRC shall respond to the advance payment. (5) Describe the size and nature of the request as provided in i 9.25.

(e) Unless a requester has agreed to public to whose understanding a (b) In making a request for a waiver or pay the estimated fees or, as provided contribution will be made: reduction of fees, a requester shall for in paragraph (d) of this section, the (6) Describe the intended means of prodde the information required by requester has paid an estimated fee in dissemination to the general public: 19 41(b).

I 43362 F deral Rsgister / Vol 52. No. 251/ Thursday. December 3L 19r / Rules and Regulati ns (c) After receipt of a request for the make thctn asailable for reuew Fees suwuamv:The NRC 4 amendmg its I estabbshed pursuant to 31 U.S C 483c regulations to codify the obhgatic.ns of  !

weh er or reduction of fees made in hcensees and appbc.ats for hcenses to l accordance with I 9 41. the NRC shall and 5 U.S C. 55:alf)t5) shall be charged according to the schedule contamed in provide the Comauss on with complete either waive or reduce the fees and and occurate tnformatoa, to mamtam notify the requester of the NRC's intent i 9 35 of this part for actuel copies of records requested by individuals, accurate records and to prodde for to promptiy provide the agency records disclosure of informMion idenVied by or deny the regeest and provide a pursuant to the Privacy Act of 1974.

heertenes as sigrufica at for hcensed statement to the requester explainmg unless the Director. Division of Rules actmties This actior re.emphasises the l why the request does not meet the and Records. walves the fee because of '

req rtrements of 19.41(bl. the inability of the Individual te pay or NRC's esed to receer r complete.

because making the recoeds available accurata. and tistely mamamcanons (d) As prodded hs t 929. a requeste' may appeel a deniet of a request to without cost, or at a reduction in cast is frors ses bcensees and license appbcants waive or sedece fees within 30 days to otherwise in the pnbla:inlaaest if the NRCis to Adfak it statutary .

l

• mponsWee. b ach.h

11. Settaen 9.stDie reviead to reed as * **I I t.45 Aasasal#epeet to Congress. followa- [

(a) Once betere Merch I of each aretcTrvt DATA: Febmary 1,19me.

calendaryees, the Chasiman el the NRC Ia see soupa et euepart, will submat e cepest coveesna the nis eebpart prescribes procedures rom rusmesa euroaaamon contact:

peronant to which NHC meetings shall Mary E Wagner.OfDce of the General prewding calender year to the Speaker of the House of Reyeementames and be open to public observation pursuant Counsel. U.S. Nuclea Regulatory Commissica. Washinpen. DC 20515. j President of the Senate for referral to to the prousions o(5 U.Sc. 552b. Thia subpart does not effect the procedures Telephone: (301) 422-1683. l the approprtate <=mmittees of the Congrees. ne report tacludes- pursusat to whech NRC recoeds are gyp, aanewyaaryinspainsarion (1)The stumber of deternunations rcade =vadable to the public fc made by the NEC to deny requests for inspection and copying which remain I. Background records made to the NRC under this part governed by Subpart A. except that the On March 11' 1987 the Noclear '

and the r=mam for sach detersnAnalioru exemptions set forth in i 9104(a) shall Regu}et ey Comeuseo'ei published in the j (2) The number of appevis made by govero in the case of aoy request mada "

ptrsons under { E.22. the results of the pursuant te i S.23 to copy or inspect the

Y*N rule to codify an appucant e and i

appeals, and the ressoa for the action transcnpts, recadings, or minutea hcen m s % M Io em W taken on each appeal that tesujts in a desco' bed in j 9.108. Access to records " " * " " * ** I denial of informanoo; considered at NRC meetmgs ahall " " " ' ' ' " "" " '

(3) The names and titles or posJtiens contmue to be governed by Subpart A of 'O***'"*** " '

of each person responsible for the denial thi rt " "

of records requested tmder this section- 12. In l 9.200. P staph (b)is ransed by the applicant er ikensee es havmg a and the number of instances of I raid as %" sigm6 cant implicdon for the pWie participation for each; heetah and safety et common defeese (4)ne resuits of each proceeding g ,m ge,,, ,, 33,,,,, and secunty conducted pursuant to 5 U.S.C. , , , . ,

As drocuered in tb staternent of 552{ajt4KF). tncludmg a report of the conc 6erstierrs tat eueempanied the drscrpFmary action taken against the Mfor purposes & embpart, the term employee of the NRC', includes all proposed rule, occurnty and officet or empdoyee who was primanly NRC persoenel es that terrn ta defmed Ln forthnghtness in coewcunications to the responsible for tmproperiy withholdjng I 9.3 of this part. tschxhag NRC NRC by bcensees anc appbcants for records. er an exp!anation of w+ry contractors. bcenses are essential if the NRC is to drsciptmary action vras not ta)em * * * *

• fulfi!1its responsibilit es to ensure that

" (5) A copy of every rule the NRC Dated at Washington. DC. this :.3rd day og utilization of radioac1ive material and pubbshed affectmg this part- the operation of nucle ar facilities are k* te) A copy of the fee schedde and the December test.

consistent with the he alth and safety of total amount of fees coltected by the Foe the % dear Reg 14 tory Cunmission NRC for making records availabie ender the public and the coninon defense and S* **l lN secunty. Several proWsiens of the this part and Atomic Energy Act h. ;hhght the (7) Any otherirrfortnation that Secretary orshe Coe mssmn indicates eIforts to administer felty the (F1t Duc. S'-290o4 P. led it-M-89 R 45 am) importance of accuraf e information eum.o coce neo.ai as Section 186 prosides "ha t.

provis* ens of 5 U.SC.552.

(b) We NRC shall make a copy of Ar+ tscense may be rueLed for ant each report sobmitted to the Congma w gg., m e the W ue u r a1 or ub cins ta 10 m Ports 2, M 44.% MM K (,] Y." d 70,71,72,110 and 150 co ng in the NRC Pubhc Document The Commissaan trey o en nc e aber the ComW Seness and Accuracy of f !.nd of the enginst app ution. and befnw 1

g",0. 8Seciaan ass is reened to readInformas 5 tion ihe espiratice of the Ikm ,se mpere further

• " ' ' * " " " '# " i' O * '

i t 85 Fe4 s. aoE>ecV: Nuclear R gulatnry Commmmn io determm' mimether tm Fees shall not be charged for search Commission. app:wma eme=4 ber inied or daued a-for or review of records requested whes.er a Lcmae me be m.ad.fnd or ACT1 oat Fmal ru.ie aed stonement of resoled All appkatur. , and statementa pursuant to this subpart or for maling EgI' i ih41 be signed by the a; ptur.i or in ensee copies or extracts of records in order to