ML20207F569
| ML20207F569 | |
| Person / Time | |
|---|---|
| Issue date: | 03/22/1999 |
| From: | Norry P NRC |
| To: | Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20207F551 | List: |
| References | |
| FRN-64FR15636, RULE-PR-10, RULE-PR-11, RULE-PR-2, RULE-PR-25, RULE-PR-95 AF97-2-006, AF97-2-6, NUDOCS 9906090047 | |
| Download: ML20207F569 (7) | |
Text
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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20556-0001
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4 March 22, 1999 MEMORANDUM TO: William D. Travers
~ Executive Director for Operations FROM: Patricia G. Norry -
Deputy Executive D' ec or for M agement Services
SUBJECT:
CONFORMANCE TO NATIONAL POLICIES FOR ACCESS TO AND PROTECTION OF CLASSIFIED INFORMATION Attached for your signature is a final rule, "Conformance to National Policies for Access to and Protection of Classified information," that amends 10 CFR Part 2," Rules of Practice for Domestic Licensing Proceedings and issuance of Orders;" Part 10, " Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance;" Part 11, " Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material;" Part 25, " Access Authorization for Licensee Personnel;" and Part 95, " Security Facility Approval and Safeguarding of National Security information and Restricted Data." The purpose of this rule change is to conform NRC regulations to national security policies, to incorporate into the regulations various ministerial changes resulting from the reorganization of the Office of Administration, and to reflect a change in responsibilities for certain decisions from the Executive Director for Operations (EDO) to the Deputy Executive Director for Management Services. A clarifying revision to Section 2.790(d) of 10 CFR Part 2 is also included in the final rule because of a comment received during the public comment period on the proposed rule regarding the public disclosure of correspondence and reports to or from NRC which contain classified matter protection plans.
Backaround : On February 13,1998, the EDO approved initiation of rulemaking to amend the provisions of 10 CFR Parts 10,11,25, and 95 and incorporate new or additional requirements for access to and protection of classified information that result from the National Industrial Security Program Operating Manual (NISPOM), Executive Order 12958, " Classified National Security information," dated April 17,1995, and Executive Order 12968, " Access to Classified Information," dated August 2,1995, or new national guidelines on the scope and adjudication of personnel security investigations.
The proposed rule was published in the Federal Reaister on August 3,1998 (63 FR 41206). A total of 13 comments were received: one comment from the Department of Defense, one comment from the Department of Energy, and eleven comments from the U. S. Enrichment Corporation. The statement of consideration for the final rule contains a discussion of all the comments received.
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Notices: A notice to the Commission that the EDO has signed the enclosed Federal Reaister notice is attached for inclusion in the Daily Staff Notes. Appropriate congressional committees will also be notified.
Coordination: The Offices of Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, and the Chief Information Officer concurin this action. The Office of the Chief Financial Officer has no resources-related objection to this rulemaking. The Office of the General Counsel has no legal objection.
Attachments:
- 1. Federal Registar Notice of Final Rulemaking
- 2. Approved for Publication
- 3. Regulatory Analysis
- 4. Draft Daily Staff Notes DISTRIBUTION:
MC: None DFS CEN HLE: LRD 3.00.03, LRD 3.00.05 LRD 3.00.09, LRD 3.00.17 EDO/RF D/DFS R/F i PERSEC R/F DEDM/RF l
L. Fisher, FACB A. L. Silvious INFOSEC H. T. Bell, OlG i C. J. Paperiello, NMSS J. L. Funches, CFO -
E. M. Pleasant, ADM S. J. Collins, NRR B. J. Shelton, 0C10 i D. L. Meyer, DAS D. F. Hassell, OGC
- SEE PREVIOUS CONCURRENCE SHEET I
" CONCURRED BY EMAIL (COPY ATTACHED)
- " CONCURRED BY MEMO (COPY ATTACHED)
Document Name: jbTRANSMEDO1 (CIRCLE the "C" to receive a copy of this document without enclosures: CIRCLE the "E" to receive a copy with enclosures) 0FFICE PERSEC* CE PERSEC* CE D/DFS* CE D/ADMjV/g OGC** CE NAME JWBarnes JJDunleavy T0 Martin MLSpri'nger DFHassell DATE 02/22/99 02/22/99 02/22/99 03//9/99 03/15/99 0FFICE CFO** CE OCIO** CE NMSS** CE NRR*** CE DAS/ADM***
NAME JLFunches BJShelton CJPaperiello SJCollins DLMeyer DATE 02/23/99 03/05/99 03/10/99 03/11/99 03/11/99 0FFICE DEDM p CE 6l)0 CE CE NAME PGNorry t%eas i DATE 03/Af99 3h2k6 i
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Notices: A notice to the Commission that the EDO has signed the enclosed Federal Reaister notice is attached for inclusion in the Daily Staff Notes. Appropriate congressional committees l will also be notified. ;
1 Coordination: The Offices of Nuclear Material Safety and Safeguards, Nuclear Reactor l Regulation, and the Chief Information Officer concur in this action. The Office of the Chief ;
Financial Officer has no resources-related objection to this rulemaking. Thp Office of the i General Counsel has no legal objection. !
Attachments:
- 1. Federal Register Notice of Final Rulemaking
- 2. Approved for Publication '
- 3. Regulatory Analysis
- 4. Draft Daily Staff Notes 1 DISTRIBUTION:
MC: None DFS CEN FILE: LRD 3.00.03, LRD 3.00. I LRD 3.00.09, LRD 3.00.'17 EDO/RF /
D/DFS R/F ,/ I PERSEC R/F ,
DEDM/RF /
L. Fisher, FACB !
A. L. Silvious INFOSEC / H. T. Bell, OlG I C. J. Paperiello, NMSe -
J. Funches, CFO E. M. Pleasant, ADM S. Collins, NRR ,
B. J. Shelton, OClO D. L. Meyer, DAS D. F. Hassell, OGC Document Name: jbTRANSMEDO1 (CIRCLE the "C" to receive a copy of this document without enclosures. CIRCLE the "E" to receive a copy with enclosures) 0FFICE PERSEC CE PERSEfd CE D/DFS CE D/ADM OGC CE NAME .JWBar@J JJDpil(/vy T0 Martin 7Dn MLSpringer DFHassell DhTE sammessam
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/ /99 0FFICE CFO CE OCIO CE NMSS CE NRR CE DEDM NAME JLFunches BJShelton CJPaperiel1o SColhns PGNorry DATE / /99 / /99 / /99 / /99 / /99 [I
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NAME DLMeyer DATE / /99 NRC OFFICIAL RECORD COPY
- Concurrence via E-mail. Copy attached
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AF97-2
?DR Acoroved for Publication The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)), subject to the limitations specified in NRC Management Directive 9.17," Organization and Functions, Office of the Executive Director for Operations," paragraphs 0213,038,039, and 0310.
The attached iinal rulo entitled, "Conformance to National Policies for Access to and Protection of Classified Information," amends 10 CFR Part 2," Rules of Practice for Domestic Licensing Proceedings and issuance of Orders;" Part 10," Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance;" Part 11, " Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material;" Part 25, " Access Authorization for Licensee Personnel;" and Part 95," Security Facility Approval and Safeguarding of National Security Information and Restricted Data," to conform them to nev: national security policies established by Executive Orders 12958 and 12968, and the National Industrial Security Program Operating Manual.
This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7,8, or 9 Subpart C concerning matters of policy. I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
March 22. 1999 th f^"^ -
e Date William D. Travers, Executive Director for Operations.
- AF97-2 PPR i
REGULATORY ANALYSIS 1 Statement of Problem On April 17,1995, and August 2,1995, the President signed Executive Orders 12958,
" Classified National Security Information," and 12968, " Access to Classified information,"
respectively, which revised requirements for handling, protecting, and accessing classified information. The requirements of these national security policy documents, and their implementing directives are applicable to licensees, certificate holders, and others regulated by NRC. The effect of the Executive Orders and the NationalIndustrial Security Program Operating Manual (NISPOM)is that 10 CFR Part 10," Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security information or an Employment Clearance;" 10 CFR Part 11," Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material;" 10 CFR Part 25,
" Access Authorization for Licensee Personnel;" and 10 CFR Part 95," Security Facility Approval and Safeguarding of National Security Information and Restricted Data." are no longer consistent with national security policies and directives.
Additionally, a comment was received during the comment period requesting a minor clarifying change to 62.790(d) of 10 CFR Part 2,
- Rules of Practice For Domestic Licensing Proceedings And issuance of Orders," to specifically include classified material protection plans within its coverage.
Finally, a reorganization within the Office of Administration requires editorial changes to those portions oi the regulations indicating to whom specific reports are to be forwarded, and to reflect a change in responsibilities for certain decisions from the Executive Director for Operations to the Deputy Executive Director for Management Services.
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- 2. Objective The objective of this regulatory initiative is to conform NRC's regulations for access to and protection of classified information with national policies for the protection of such information at licensee, certificate holder, and other NRC regulated facilities possessing or having employees with access to classified information.
- 3. Alternatives There is no reasonable alternative to the revision of these regulations that would achieve j the desired result. j
- 4. Consequences There are approximately 20 affected entities licensed or otherwise regulated by the NRC.
Each licensee, certificate holder, or other entity who requires access to National Security information or Restricted Data to conduct official business related to an NRC-regulated activity must have a facility clearance under the provisions of Part 95. Individuals, other ;
than USEC personnel who are cleared by DOE, who have access to classified information I
d.
must have a personnel security clearance granted to them under Part 25 by NRC, which are adjudicated under the criteria and procedures of Part 10. Also, each licensee who requires access to or control over form da quantities of special nuclear material requires the individuals with such control or access to undergo personnel security screening under Part 11.
These entities will be required to comply with the requirements of 10 CFR Parts 11,25, and 95, which will involve costs to these entities. In most cases, there will be minor revisions to Standards Practice Procedures Plans required to conform to new or revised requirements for access to classified information or special nuclear material or protection of classified information. Individuals who have already been cleared for access to classified information or special nuclear material will be not be required to prepare additional or revised paperwork except, perhaps at the time of a regularly scheduled reinvestigation. The costs, however, should be no higher than under the current regulations. These changes will not have an impact on other NRC programs or requirements at these facilities.
- 5. Decision Rationajg The only available method of imposing these requirements on selected licensees and others is to revise 10 CFR Parts 2,10,11,25, and 95. Other avenues would lack the requisite formality and legality necessary to require all affected NRC licensees and others to adhere to the changes in requirements for the protect. ion of classified information.
- 6. Imolementation The Division of Facilities and Security intends to publish the final rule amending 10 CFR Parts 2,10,11,25, and 95 by March 31,1999.
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. AF97-2 PDL i DAILY STAFF NOTES OFFICE OF ADMINISTRATION Final Rule sioned by EDO On blat dd,1997 . the Executive Director for Operations approved a final rule which revises 10 CFR Parts 2,10,11,25, and 95 to conform NRC regulations to current national
' security policles for access to classified 1nformation at NRC and NRC regulated facilities and the protection of classified information at industrial facilities, e.g., licensees and certificate holders.
It also reflects a reorganization of the Office of Administration and the redelegation of certain authorities to the Deputy Executive Director for Management Services.
This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this final rule for publication in the Federal Reoister on March 30, 1999, unless otherwise directed by the Commission.
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