ML20217H729

Advises That There Are No Objections with Attached Edits

ML20217H729
Person / Time
Issue date:	09/02/1997
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Galante A NRC
Shared Package
ML20217H029	List: ML20217H025 ML20217H058 ML20217H095 ML20217H119 ML20217H221 ML20217H247 ML20217H251 ML20217H304 ML20217H334 ML20217H357 ML20217H382 ML20217H406 ML20217H505 ML20217H541 ML20217H697 ML20217H714 ML20217H725 ML20217H729 ML20217H740 ML20217H758
References
FRN-62FR46922, RULE-PR-9 AF78-1-018, NUDOCS 9910220187
Download: ML20217H729 (18)

Text

V p nicy

1. UNITED STATES

( / p f C- y } NUCLEAR RESULATORY COMMISSION t*lASHINSTcN D.C. 2005Mor.'t

(

f

"% ,,#' August 19,1997 have no objections with the attached edits.

MEMORANDUM TO: Chairman Jackson Commissioner Dicus A-fM Shirlef Ann Mckson 9/2/97 Date Commissioner Diaz ~-

Commissioner McGaffigan FROM: A. J. W.! ante Cnief information cer

SUBJECT:

PROPOSED RULE-ELECTRONIC FREEDOM O':

INFORMATION ACTIMPLEMENTATION Propor.ed Rule Sianed bv the CIO On Aupst 19,1997, the Chief Information Officer approved the proposed rule entitled

" Electronic Freedom of Information Act: Implementation." The proposed rule amends 10 CFR Part 9, Subpart A, " Freedom of Information Act Regulations," to implement recent amendments to the Freedom of Information Act (FOIA).

Backaround:

The FOIA, 5 U.S.C. 552, was amended and signed into law on October 2,1996, by President Clinton. The amended act is known as the Electronic Freedom of Information '

Act Amendments of 1996 (EFOIA). The amendments to the FOIA are designed to bring the act into the information and electronic age and to improve responsiveness to FOIA requesters. The amendments also increase the time allowed for agencies to respond to FOIA requests.

The proposed rule will implement statutory provisions ofke EFOIA that require certain

' categories of agency records be made publicly available electronically; will implement amendments that change the statutory time for responding (requests from the 10 working days formerly required to 20 working days; will estdWish procedures for

• ' collaborating with requesters to tailor requests in a way that will enable NRC to be more responsive to the requester; will amend NRC's FOIA regulations to comply with the requirements of the new statute; and will mau minor editorial and technical changes to make the regulation more accurate and readable.

This memorandum constitutes notice to the Commission that in accordance with the j rulemaking authority delegated to the CIO, the CIO has signed this proposed rule for l

publication in the Federal Reaister and proposes to. forward it on September 2,1997, t unless otherwise directed by the Commission.

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y 9902g187991020 #

,9 62FR46922 PDR

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. environmental impact statement nor an environmental assessment has been

. prepared for this proposed rule.

Paperwork Reduction Act Statement This proposed rule does'not contain a new or amended information i

collection. requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0043.

.Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond tog i

f+p collection of information unless it displays a currently valid OMB control ')

number.

}

Regulatory Analysis This proposed rule would implement the EF0IA by amending 10 CFR Part 9.

Subpart A - Freedom of Information Act Regulations. This is an administrative regulatory action that would make NRC's regulations reflect the new provisions of the EF0IA. The proposed rule would not have any adverse economic impact on any class of licensee or the NRC: on the contrary the proposed rule with its

.new' provisions allowing expedited and multitrack processing may provide some new and additional benefit to those who may opt to use these regulations to

,. obtain access to NRC records and information.

'This constitutes the regulatory analysis for this proposed rule.

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Regulatory Flexibility Certification 14 ,

1

V f PART 9--PUBLIC RECORDS 1.=The authority citation for Part 9 continues to read as follows:

Authority:.Sec. 161. 68 Stat. 948. as amended (42 U.S.C. 2201): sec. 201. 88 Stat. 1242, as amended (42 U.S.C. 5841).

Subpart A also issued under 5 U.S.C. 552: 31 U.S.C. 9701: Pub. L. 99 - 570.

Subpart B is also issued under 5 U.S.C. 552a.

i.

Subpart C also issued under 5 U.S.C. 552b.

In 59.8. paragraph (b) is revised to read as follows:

2.

l 69.8 Information collection requirement: ' OMB approval, t

(b) The approved information collection requirements contained in this part l

l appear in SS9.23. 9.29, 9.40. 9.41. 9.53, 9.54. 9.55. 9.65. 9.66, and 9.67.

l o. In Part-9. Subpart A is revised to read as follows: 1

! i Subpart A--Freedom of Information Act Regulations l

9.11 Scope of subpart.

l l

9.13 Definitions.

9.15 Availability of records.

l. 9.17 Agency records exempt from public disclosure.

l 9.19 Segregation of exempt information and deletion of identifying details.

9.21- Publicly-available records.  ;

l l- 9.23 Requests for records. )

l 9.25 Initial disclosure determination.

!- 9.27 Form and content of responses.

9.29 Appeal from initial determination.  ;

16 r -

2. #

9.'31 Extension of time for response.

9.33 Search.' review. and special service fees.

9.34 Assessment of interest and debt collection.  ;

1

9.35 Duplication fees.

9.37 Fees _.for search and. review of agency records by NRC personnel.

9.39 Search and duplication provided without charge.

9.40 Assessment of= fees.

9.41 Requests for waiver or reduction of fees.

9.43 Processing requests for a waiver or reduction of fees. I 9.45 Annual. report to Congress, i

Subpart A--Freedom of Information Act Regulations S9.11 Scope of subpart.

08t@

,This subpart prescribes procedures for making NRC records available to the public.for inspection and copying pu w .t to the provisions of the Freedom of Information~ Act- (5 U.S.C. 552) and provides notice of procedures for obtaining

~

NRC records otherwise publicly available. This subpart does not affect the dissemination or distribution of NRC-originated, or NRC contractor-originated.

l information to the public under any other NRC public, tectnical, or other L-l information program or policy.

• 17 i

L .

'. Ast and Privacy. Act Officer, who will notify the requester of the i

determination in the manner provided in S9.27

'(i) Records 'and information originated by another Federal agency. If a

. requested record is located that was originated'or contains information originated by another Federal Government agency, or deals with subject matter over which an agency other than the NRC has exclusive or primary responsibility, the NRC will promptly refer the record to that Federal Government agency for disposition or for guidance regarding disposition.

(j) If.the NRC does not respond to a request within the 20 working-day period, or within the extended periods described in paragraph (e) of this section~. the requester may treat that delay as a denial of the request and immediately appeal te ti66~~ExPcati"c Director for Opch'as provided in. .

59.29(a) or sue in a district court as.noted in 69.29(c).

I S9.27 Form and content of responses.

1 (a) When the NRC has located a requested agency record and has determined to disclose the agency record, the Freedom of Information Act and Privacy Act Officer will promptly furnish the agency record or notify the requester where and when the agency record will be available for inspection and copying. The NRC will also advise the requester of any applicable fees under 69.35. The NRC will routinely place copies of non-sensitive agency records disclosed in Lresponse to Freedom of Information Act requests in.the NRC Public Document Room and on microfiche in Local Public Document Rooms. Records will not be routinely. placed in the NRC Public Document Room and Local Public Document Rooms that contain information personal to the requester, matters that are not

'35 L- , )

1 (b) The NRC will assess the following charges for copies of records to be i

duplicated by the NRC at locations other than the NRC Public Document Room i i

located in Washington. DC or at local Public Document Rooms:

(1) Sizes up to 81/2 x 14 inches made on office copying machines-- $0.20 l

per page of copy; and j (2) The charge for duplicating records other than those specified in paragraphs (a) and (b) of this section is computed on the basis of NRC's direct costs.

(c) In compliance with the Federal Advisory Committee Act, a requester may purchase copies of transcripts of testimony in NRC Advisory Committee proceedings, which are transcribed by a reporting firm under contract with the NRC directly from the reporting firm at the cost of reproduction as provided for in the contract with the reporting firm. A requester may also purchase transcripts from the NRC at the cost of reproduction as set out in paragraphs (a) and (b) of this section.

(d) Copyrighted material may not be reproduced in violation of the copyright laws. As such, requesters will be given the citation to any copyrighted documents and a copy of the material will be placed in the Public Document Room where it may be viewed by requesters. ,

(e) The cost for duplicating NRC records located in NRC Local Public Document Rooms are established by the institutions maintaining the NRC Local Public Document Room collections.

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7 ..

AFW e 1 46922 1

ra- m i-Proposed Rules Vol. 62, No.172 Friday, September 5,1997 l

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This section of the FEDERAL REGISTER 0001, Attention: Rulemakings and designated official responsible for l contains notices to the putse of the proposed Adjudications Staff. administration of the FOIA and Privacy issuance of rules and regulahons. The Iland deliver comments to: 11555 Act in lieu of using the organizational purpose of these notices is to give interested Rockville Pike, Rockville, Maryland, title of the responsible individual which persons an opportunity to partcipate in the between 7:30 am and 4:15 pm Federal may not be as indicative of these l

rule making prior to the adoption of the final workdays, ecific responsibilities. A new mies. For information on submitting [efinition is proposed to be added to 10 comments electronically, see the CFR 9.13 to reflect this new title.

discussion nnder Electronic Access in The definition of record would be .

NUCLEAR REGULATORY )

COMMISSION the Supfne comments received at:Thelementary Exam would be an agency Information record subject tosection. amended '

NRC Public Document Room,2120 L the requirements of(5 USC 552) when 10 CFR Part 9 Street, NW, (Lower Level), Washington, maintained by an agency in any format, DC. including an electronic format" and to read " Record also includes a book, l RIN St50-AF78 FOR FURTHER INFORMATION COWTACT:

Russell A. Powell, Chief, Freedom of * *

• drawing, diagram. * * *".

Electronic Freedom ofInformation Act: Information/ Local Public Document The definition of review time would implementation Room Branch, Office of Chief be revised to remove from the definition AGENCY: Nuclear Regulatory Information Officer, U.S. Nuclear the period spent " excising from the Regulatory Commission. Washington, records those portions which are to be Commission.

DC 20555-0001, telephone: (301) 415- withheld."

ACHON: Proposed rule.

7169, e-mail: RAPl@nrc. gov. B. Electronic Records SUPPLEMENTARY INFORMATION: Section 3 of EFOIA amends 5 U.

missio R spoo g 552(fs2) to define " agency for record',S.C.

cmend its regulations to implement the Background Information On October h 1996, the President Purposes of FOIA as including "any  !

j Electronic Freedom ofInformation Act ini rmation that would be an agency Amendments of 1996 (EFOIA), which signed into law the Electronic Freedom record subject to the requirements of (5 I are dosigned to bring the Freedom of ofInformation Act Amendments of 1906 U.S.C. 552) when maintained by an Information Act(FOIA)intothe (EFOIA), Public Law 231,110 Stat. 3048 a ency in any format, including an information and electronic age by (1996). EFOIA includes provisions e ectronic fonnat Secdon 552W thus clarifying that FOIA applies to records authorizing or requiring agencies to clarifies that the term ' agency record, maintained in hardcopy or electronic promulgate regulations implementing includes information stored in any format.The proposed rule would certain ofits requirements, including computer readable fo mat as well as implement statutory provisions of the the tracking of Freedom ofInformation traditional paper documents. The I;w that broaden public access to Act (FOIA) requests, the aggregation of PmPosed regulations would amend to govornment information by placing FOIA requests, and the expedited I3 se more records on.line and expanding the processing of FOIA requests. In , ro o at role of the agency public document addition. EFOIA changes the time limit within the definition of the term room.The proposed rule would for responding to a FOIA request from " agency record." to CFR 9.13 implement statutory amendments that ten to twenty working days, the specifically includes in the definition of recognize the difficult in responding to requirements for reportin FOIA .. search" time spent reviewing records requests in the to wor ng days activities to Congress, an the casen in b *" 'd ' 11 '

, formerly required and extend that time which an agency may extend the time ,Y, u 1 I*

! to 20 working days. It also provides within which it will respond to a FOIA

. procedures for agencies to discuss ways request. EFOIA also includes provisions C. Electronic Reading Room cf tailoring requests to improve regarding the availability of documents Section 4 of EFOIA amends 5 U.S.C.

responsiveness.The proposed rule in electronic form, the treatment of 552(a)(2), which previously required i would amend NRC's FOIA regulations electronic records, and the agencies tu make available fut public i to comply with the requirements of the establishment of" electronic readin8 inspection and copying certain new statu'.e. Certain other changes have rooms." information, such as agency opinions i been made to correct administrative The Nuclear Regulatory Commission and policy statements, administrativo l crrors and to update or remove obsolete proposes to amend its regulation staff manuals and staffinstructions that r information. implementing the FOIA, to CFR Part 9. affect a member of the public. The new CATES: Submit comments by October 6, The proposed amendments would law expands these categories to include 1997 Comments received after this date revise the NRC's FOIA regulations to agency records that have been made will be considemd if it is practical to do comply with EFOLA. publicly available and are likely to be so, but the NRC is able to assurt the subject of repetitive public requests, New Provisions consideration only for cora.m is as well as a generalindex of these received on or before this date. A. New and Revised Definitions fraquently sought documents. The The proposed rule would establish a amendments further provide that ADDRESSES: Send comments to:

Secretary, U.S. Nuclear Regulatory new title, Freedom ofinformation Act section 552(a)(2) records created on or and Privacy Act Officer, for the after November 1,1996, must be made Commission, Washington, DC 20555-7 i

I i 'l

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Feder;l Register / Vol. 62, No.172 / Frid:y, Sept:mbc: 5,1997 / ' Proposed Rules 46923 cvailable by computer telecommunications within one year Therefore, to help ensure timely agency extension that contains the date of the efter such date, or if computer responses to requests, the new law,5 expected agency response. The U.S.C. 552(a)(6)(D)(1), authorizes telecommunications have not been agencies to establish separate systems amendments would retain the definition established, by other electronic means, of" unusual circumstances" as time The general index of these records is to within the agency for handling simple and complex requests. Under these needed to search for and collect the be available by computer requested records from field facilities or types of systems, called "multitrack telecommunications by December 31, processing," requests would be other establishments that are separate 1999. These new requirements, as well from the office processing the request:

categorized based on the amount of the need to search for, collect and cs the on-line address for NRC's homepage on the Internet, would be agency effort involved in processing the appropriately examine a voluminous incorporated in 10 CFR 9.21 (c)(6) and request. This would replace the current amount of material demanded in a (f). first-in, first out approach generally single request; and the need for Finally, where material has been employed at the NRC. Agencies must still exen:ise due diligence within each consultation with another agency withheld in electronic records made track. The new law,5 U.S.C. having a substantialinterest in the cvallable to the public, the extent of the determination of the request or among deletions must now be indicated ongive therequesters 552(a)(6)(D)(ii), also requires agencies to two or rnore parts of the agency h the opportunity to limit portion of the record made available or substantial laterest in the request. These published and, where technically the scope of their requests to qualify for consultations must be conducted "with processing under a faster track. This possible, must be indicated at the place all practicable speed." 5 U.S.C.

provision is intended to permit mom in the record where the deletion 552(a)(6)(B)(lii).

occurred. This new requirement would requests to be completed more quickly ,

by providing an incentive for requesters II. ExceptionalCircumstances be included at to CFR 9.19(d). to frame narrower requests for fewer In addition to extensions under D.11onoring Form or Format of Requests documents. These new provisions unusual circumstances, the EFOIA EFOIA,5 U.S.C. 552(a)(3) contains would be incor amendments,5 U.S.C. 552(a)(6)(D)(ii).

proposed threeporated in described track system NRC's three significant new provisions. First. 5 in 10 CFR 9.25(c). authorize the agency to negotiate a U.S.C. 552(a)(3)(B) requires agencies, response time with a requester that may when making records available to the The first track is for simple requests exceed the statutory maximum (20 public, to do so "in any form or format or requests of moderate complexity that requested by the person if the record is are expected to be completed within 20 working days plus a to working-day extension) for those FOIA requests that readily reproduciole b working days (e.g., a request that does the agency determines cannot be the requested manner.y the agency" in not involve a large volume of This new processed within the statutory time requirement would be included in to documents, retrieval of documents from limits. The agency must offer the regional offices, or extensive CFR 9.15. Second,5 U.S.C. 552 (a)(3)(C) requester an opportunity to limit the makes it clear that when an FOIA coordination between NRC offices). scope of the request so that it may be The second track is for requests processed within the prescribed 20 request is received, an agency should involving unusual circumstances that not only search for hard copies, but working days. Congress asserted that are expected to take between 21-30 should also search for the records in this process for negotiated time limits working days to complete. -

their electronic form. This new reflects the policy that FOIA works best The third track is for requests that, requirement would be included in 10 when requesters and agencies work because of their unusual volume or together to define and fulfill reasonable CFR 9.15. Finally, a "suarch" under the complexity, are expected to take more requests. This new provision would be cmendments means to review, manually than 30 working days to complete.

"or by automated means," agency Upon receipt of a request, NRC would incorporated in 10 CFR 9.25(c). ,

records for the purpose oflocating those notify the requester of thurack in LA88mgation ofRequests  !

records which are responsive to a which the request has been placed for j The EFOIA amendments,5 U.S.C.

request. This new requirement would be Processing and the estimated time for incorporated in 10 CFR 9.13 in the 552(a)(6)(B)(iv), authorize agencies to .

completion. Should subsequent promulgate regulations that allow for ,

d:finition of " search time." information substantially change the t -

the aggregation of FOIA requests by the E. Time LimitsforResponding to estimated time to process the request, same requester or by a group of Requests the requester would be notified requesters acting together. Aggregation In recognition of the fact that to telephonically or in writing. A requester may occur if the agency " reasonably working days is not a realistic may modify the request to allow it to be believes" that those multiple requests ]

processed under a different track for a 1 timeframe, the EFOIA amendments 5 feter response. do indeed constitute a single request. j U.S.C. 552(a)(6)(A)(1), extend the time t This new provision would bo

}

respond to a request from 10 to 20 G. Unusual Circumstances imp lemented in 10 CFR 9.39(e).

working days.10 CFR 9.25 would be Even with use of multitrack f. Requestsfor ExpeditedPmcessing amended to reflect the change in the Processing, Congress recognized that in The EFOIA amendments,5 U.S.C.

time limits for initial disclosure some circumstances the statutory 552(a)(6)(EZi), require agencies to determination from to to 20 working response time will not be met. The drys effective October 2,1997. promulgate regulations to provide for EFOIA retains the provisions for

" expedited processing" in cases where F. Multitmck Pmeessing ofRequests agencies to extend the initial 20 working the person requesting the records day response time for an initial request,  ;

flowever, Congress recognized that or the 20 working day response time for demonstrates a " compelling need" and cv:n with the increase in tfme to in other cases where the agency i an appeal, an additional to working determines expedited processing is process requer ts, many agencies may days in " unusual circumstances." l not be prepared to meet a 20 working- warranted. The amendments define  ;

Agencies must provide the requester " compelling need"in two ways. One is

dry deadline for some requests, with a written justification for the 3

! where "a failure to obtain requested i h -l l

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46924 F;d:r:1 Registir / Vol. 62. No.172 / Friday, September 5,1997 / Proposed Rules l

records on an expedited basis * *

• K. Estimates of the Volume of Materials network, or by other electronic means if l could reasonably be expected to pose an Denied computer networking is not a possibility i Imminent threat to the life or physical EFOIA,5 U.S.C. 552(a)(6)(F), requires f r the agency. The NRC has posted its l sifety of an individual." The other is agencies to make a reasonable effort to annual report on its website on the where a " person primarily engaged in estimate the volume of any requested Internet that is accessible through the i

disseminating information" to the record material that is denied in whole NRC homepage at: http\\www.ntc. gov.

l public has "an urgency to inform the or in part, and to provide the estimate The report is also available in the NRC public concerning actual or alleged to the requester unless providing such Public Document Room.

Federal Government activity." The estimate would harm an interest Electmaic Access flouse Committee report explaining the protected by a FOIA exemption. This legislation states that a person Comments may be submitted now requirement would be electronically,in either ASCII text or

, primarily engaged in the business of implemented at to CFR 9.19(c).

dissemination of information

• should Wordperfect format (version 5.1 or.

not include individuals who are L. AnnualReport to Congness later), by calling the NRC Electrome engaged only incidentally in dle The EFOIA,5 U.S.C. 552(e), amended fo n ng t NI ntera t va dissemination ofinformation, but the annual requirements for reporting requires that "information rulemaking web site, "Rulemaking a8ency FOIA activities to Congress. On dissemination be the main activity.of Forum." The bulletin board may be or before February 1 of each year accessed using a personal computer, a tha requester, although it need not be beginning in 1999, agencies must modem, and one of the commonly their sole occupation." A requester who submit to the Attorney General an available communications software is "only incidentally" involved in annual report that covers the preceding packages, or directly via Internet.

Information dissemination, in addition fiscal year and includes the number of Background documents on the to other activities, would not satisfy this determinations made by the agency not rulemaking are also available for requirement. to comply with the requests for records downloading and viewing on the The report further explains that the made to the agency and the reasons for bulletin board.

trrm " urgency to inform," one of the those determinations; the number of If using a personal computer and qualifying elements for expedited appeals made by persons, the results of modem, the NRC subsystem on processing, must involve a matter of tho,se appeals, and the reason f,or the FedWorld can be accessed directly by -

" current exigency to the American act on upon each appeal that results in dia'ing the toll free number: 1-800- l public" such that any reasonable person a denial of information; a complete list 303 9672. Communication software could conclude that delaying a response iall statutes that the agency used to parameters should be set as follows:

to a FOIA request would compromise a authorize the withholding of parity to none, data bits to 8, and stop "rignificant recognized interest." The ini rmation under Section 552(b)(3), bits to 1 (N,8,1). Using ANSI or VT-100 l public's right to know, while which exempts information that is terminal emulation, the NRC "significant and important," would not specifically exempted from disclosure rulemaking subsystem can then be strnd alone as sufficient to satisfy this by other statutes; a descri tion of accessed by selecting the " Rules Menu" strndard. Agencies will have to make whether a court has uphe d the decis, ion option from the "NRC Main Menu." For both " factual and subjective judgments" f the agency to withhold infonnation further information about options under each of those statutes cited, ed available for NRC at FedWorld, consult about situations cited by requesters as re: sons for expedited processing and a concise description of the scope of any the " Help /Information Center" from the d "f d inf rmation upheld; the number of "NRC Main Menu." Users wd, l find the iigen in x reis ir discretion. requests for records nding before the "FedWorld Online User's Guides" Requesters must provide detailed agency as of Septem r 30 of the particulady helpful. Many NRC l preceding year, and the median number subsystems and databases also have a exP anations to support their expedited of days that these requests had been " Help /Information u.ser" option that requests.

pending before the agency as of that is tailored to the particular inbwtem.

The EFOIA amendments,5 U.S.C. date; the number of requests for records

~

The NRC subsystem on FedWcrld can 552(a)(6)(E)(li), require that agency received by the agency and the number also be accessed by a direct-dial phone regulations provide that requesters be of requests the agency processed; the number for the main FedWorld BBS:

given notice within to calendar days median number of days taken by the 703-321-3339; Telnet via Internet:

cfter the date of the request as to the agency to process different types of fedworld. gov (192.239.93.3); File determination whether it qualifies for requests; the total amount of fees Transfer Protocol (FTP) via expedited processing. Once expedited collected by the agency for processing Internet:ftp:fedworld. gov processing is granted, agencies must requests; the average amount of time (192.239 92.20s): and World Wide W3h process it "as soon as practicable" (5 that the agency estimates as necessary, using: http://www.fedworld. gov (this is U.S.C. 552 (a)(6)(E)(iii)). Any based on the past experience of the the Uniform Resource Locator (URL)).

cdministrative appeal to a denial of agency, to comply with different types Ifi% method other than the toll-expedited processing must be handled of requests; the number of full-time staf' Le number to contact FedWorld, access with " expeditious consideration" (5 of the agency devoted in *: amg the NRC subsystem from the main U.S.C. 552 (a)(6)(E)(ii)(II)). If an agency of requests for recoras under'this FedWorld menu by selecting "F-dinies the request for expedited section; and the total amount expended Regulatory, Government Administration processing or fails to act upon the by the agency for processing these and State Systems," then selecting "A-request within the prescribed to requests. The NRC would implement Regulatory information Mall." At that cclendar days, petitioner may sock this amended EFOIA reporting point, a menu will be displayed that has judicial review. The NRC would requirement in 10 CFR 9.45, an option "A-U.S. Nuclear Regulatory implement the EFOIA requirements for The amendments require each agency Commission" that will take you to the Expedited processing at to CFR 9.25(e) to make those annual reports available NRC Online Main Menu. You can also cnd 9.29. to the public through a computer go directly to the NRC Online area by

e7 .

o 3:

Federal Regist r / Vol. 62. No.172 / Friday, September 5,199/ / Proposed Rules 46925 j typing "/go nrc" at a FedWorld Public Protection Notification Authority: Sec.161,68 Stat. 948. as command line. If you access NRC from FedWorld's Main Menu, then you may The NRC may not conduct or sponsor amended (42 U.S.C. 2201); sec. 201, sa Stat.

return to FedWorld by selecting the and a person is not required to respond ' 1242, as amended (42 U.S.C 5841). a to, a collection ofinformation unless it Subpart A also issued under 5 U.S.C 552:

" Return to FedWorld" option from the displays a currently valid OMB control 31 U.SC 9701N; 1. 9b574

[

NRC Online Main Menu. However, if number- SubPart B is also assued under 5 U.S.C you access NRC at FedWorld by using 552a. .

NRC's toll-free number, then you will Regulatory Analysis Subpart C also issued under 5 U.S.C 552b.

have full access to all NRC s stems, but you will not have access to t e main This proposed rule would implement the EFOIA by amending to CFR Part 9, 2. In 5 9.8, paragraph (b) is revised to FedWorld system.

Subpart A-Freedom ofInformation Act read as follows:

If you contact FedWorld using Telnet. . Regulations. This is an administrative $ 9.8 information conection " -

l you will see the NRC area and menus, regulatory action that would make OMB approval '

including the Rules Menu. Although NRC's regulations reflect the new *

• you willbe able to download * *

• documents and leave messages, you will provisions of the EFOIA.The proposed (b) The approved information not be able to write comments or upload rule would not have any adversec ecu n mquimments containedin files (comments). If you contact economic impact on any class of s FedWorld using FTP, all files can be.

licensee or the NRC; on the contrary, the this part appear in 559.23,9.29,9.40, proposed rule with its new provisions *

• 4' '* ' **"

accessed and downloaded but uploads allowing expedited and multitrack

• are not allowed; all you will see is a list processing may provide some new and 3. In Part 9, Subpart A is revised to d files without descriptions (normal additional benefit to those who may opt read as follows:

Gopher look). An index file listing all files within a subdirectory, with to use these regulations to obtain access Subpart A-Freedom ofinformation Act i descriptions, is included. There is a 15- to NRC records and information. Regulacon- '

This constitutes the regulatory 3,c minute time limit for ITP access. analysis for this proposed rule.

Although FedWorld also can be 9.11 Scope of subpart. ,

accessed through the World Wide Web, Regulatory Flexibility Certification 9.13 Definitions. l like FTP, that mode only provides As required by the Regulatory 9.15 Availability of records, access for downloading files and does Flexibility Act (5 U.S.C. 605(b)), the 9.17 Agency records exempt from public not display the NRC Rules Menu. disclosure Commission certifies that this rule does 9.19 Segregation of exempt information and You may also access the NRC's not have a significant economic impact deletion ofidentifying details.

interactive rulemaking web site through on a substantial number of small 9.21 Publicly available records.

l the.NRC home page (http:// entities. The amendments to 10 CFR 9.23 Requests for records.

www.ntc. gov). This site provides the Part 9 are proceduralin nature and are  ;

required to implement the Electronic 9.25 Initial disclosum determination.  ; '

same access as the FedWorld bulletin 9.27 Form and content of msponses, board, including the facility to upload Freedom ofInformation Act 9.29 Appeal from initial determination.

cimments as files (any format),if your Amendments of 1996 (EFOIA),5 U.S.C. 9.31 Extension of time for response, web browser supports that function. 552.

9.33 Search, review, and special service For more information on NRC bulletin Backfit Analysis **

boards call Mr. Arthur Davis, Systems ,

A sessment ofinterest and debt Integration and Development Branch, The NRC has determined that the ' collection.

U.S. Nuclear Regulatory Commission, backfit rule to CFR 50.109 does not 9.35 Duplication fees.

Tclephone:101 -415-5780; e-mail: - apply to this proposed rule; therefore, a 9.37 Fees for search and review of agency i AXD3@nic.gos. For information about backfit analysis is not required for this rec.ords by NRC personnel.

the interactive ruiemaking site, contact proposed rule because these 9.39 Search and dupHcati.2n provided Ms. Carol Gallagher, Telephone:301- amendments do not involve any with ut charge.

415-6215; e-mail:CAG@ntc. gov. provisions that would impose backfits 84U ^'"**"' U""'

as defined in 10 CFR Chapter I. 9At Requats fw waim w nduction of ental Impact-Categorical List ofSubjects in to CFR Part 9 9.43 ssin requests for a waiver or The NRC has determined that this M a Po to Congmn.

in rma on a , orti g and es d in cate ri e u on to mc rdkeeping requirements, Sunshine Subpart A-Freedom of Information CFR 51.22(c)(1). Therefore, neither an A Act Regulations environmental impact statement nor an environmental assessment has been Preamble and under the authority of the g 9.11 scope of subpert. ,

prepared for this proposed rule. Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of1974, This subpart prescribes procedures for Pcperwork Reduction Act Statement as amended; and 5 U.S.C. 552,552a, and making NRC records available to the >

This proposed rule does not contain 553; the NRC is roposing to adopt the pubhc for inspection and copying I I

a new or amended information f llowing amen ment of 10 CFR Part 9* pursuant to the provisions of the  !

. collection requirement subject to the Subpart A-Freedom ofInformation Act Freedom ofInformation Act (5 U.S.C.

Regulations. 552) and provides notice of procedures Piperwork Reduction Act of1995 (44 for obtaining NRC records otherwise U.S.C. 3501 et seq.) Existing PART 9-PUBUC RECORDS Publicly available. This subpart does requirements were approved by the not affect the dissemination or Office of Management and Budget, 1. The authority citation for Part 9 distribution of NRC-originated, or NRC approval number 3150-0043. continues to read as follows: contractor-originated, information to the d

r~, .

1f 46926 Federal Register / Vol. 62, No.172 / Friday, September 5,1997 / Proposed Rules l

public under any other NRC public, Information Act and Privacy Act as (1) The need to search for and collect technical, or other information program specifically designated under this the requested records from field or policy, regulation. facilities or other establishments that are Noncommerciol scientific institution separate from the office processing the 5 9.13 Definitiona. means an institution that is not operated uost; Agency record means a record in the on a commercial basis, as the term tof2) The need to search for, collect, and possession and control of the NRC that " commercial" is referred to in the appropriately examine a voluminous is associated with Government business. definition of " commercial.use request," amount of separate and distinct records Agency record does not include records and is operated solely for the purpose of which are demanded in a single request; such as-- conducting scientific research, the or (1) Publicly-available books, results of which are not intended to (3) The need for consultation, which periodicals, or other publications that promote any particular product or will be conducted with all practicable i

cre owned or copyrighted by non- Industry. speed, with another agency having a f Federal sources Office, unless otherwise indicated, substantial interest in the determination l

(2) Records solely in the possession means all offices, boards, panels, and of the request or among two or more

cad control of NRC contractors; advisory committees of the NRC. components of the NRC having I

(3) Personal records in possession of Record means any information that substantial subject-matter interest NRC personnel that have not been would be an agency record subject to therein.

circulated, were not required to be the requirements of the Freedom of

, created or retained by the NRC, and can Information Act when maintained by $ 9.15 Availatnitty of records.

I be retained or discarded at the author's the NRC in any format, including an The NRC will make available for sole discretion, or records of a personal electronic format. Record also includes public inspection and copying any

, nature that are not associated with any a book, paper, map, drawing, diagram, reasonably described agency record in l Government bustres; or photograph, brochure, punch card, the possession and control of the NRC (4) Non-substantive information in magnetic tape, paper tape, sound under the provisions of this subpart, logs or schedule books of the Chairman recording, pamphlet, slide, motion and upon request by any person.

or Commissioners, uncirculated except picture, or other documentary material Records will be made available in any l for typing or recording purposes. regardless of form or characteristics. form or format requested by a person if l Commercial-use request means a Record does not include an object or the record is readily reproducible by l

request made under $ 9.23(b) for a use article such as a structure, furniture, a NRC in that form or format. NRC will or purpose that furthers the commercial, tangible exhibit or model, a vehicle, or make reasonable efforts to maintain its

! trade, or profit interests of the requester piece of equipment. records in forms or formats that r u i or the person on whose behalf the Representative of the news media reproducible. NRC will make reasonable request is made, means any person actively gathering efforts to search for records in electronic Direct costs mean the expenditures news for an entity that is organized and form or format when requested, except

, that an agency incurs in searching for operated to publish or broadcast news to when these efforts would significantly

! cnd duplicating agency records. For a the public. The term news means interfere with the operation of any of the commercial-use request, direct costs information that is about current events NRC's automated information systems.

include the expenditures involved in or that would be of current interest to Records that the NRC routinely makes l

. reviewing records to respond to the the public. Examplos of news media publicly available are described in I

request. Direct costs include the salary entities include t* vision or radio $ 9.21. Procedures and conditions of the employee category performing the stations broadca mg to the public at governing requests for records are set l

work based on that basic rate of pay large, and publmrs of periodicals (but forth in $ 9.23. l plus 16 percent of that rate to cover only in those instances when they can l fringe benefits and the cost of operating qualify as disseminators of " news") who 59.8 Agency records exempt from public duplicating machinery. make their products available for diectoauro.

l

Duplication means the process of purchase or subscriptions by the general (a) The following types of agency I making a copy of a record necessary to public. records are exempt from public respond to,a request made under $ 9.23. Review time means the period disclosure under $ 9.15:

l Copies may take the fonn of paper copy, devoted to examining records retrieved (1) Records-microform, audio-visual materials, disk, in response to a request to determine if (1) That are specifically authorized

, msgnetic tape, or machine readable they are in fact responsive, and to under criteria established by an

! documentation, among others. determine whether they are exempt Executive order to be kept secret in the Educationalinstitution means an from disclosure in whole or in part. Interest of national defense or foreign l institution that operates a program or Also, review time includes the penod policy, and I

programs of scholarly research. devoted to examining records to (ii) That are in fact properly classified Educationalinstitution refers to a determine which Freedom of pursuant to such Executive order preschool, a public or private information Act exemptions are (2) Records related solely to the alementary or secondary school, an applicable and identifying records or internal personnel rules and practices of institution of graduate highnr education, portions thereof to be disclosed. the agency an institution of undergraduate higher Search time means the period devoted (3) Records specifically exempted

! education, an institution of professional to reviewing, manually or by automated from disclosure by statute (other than 5 education, or an institution of means, age icy records for the purpose U.S.C. 552b), provided that the statute-vocational education, oflocatine k se records which are (i) Requires that the matters he Fmedom ofInformation Act and responsh e to a request. This includes a withheld from the public in a manner Privocy Act Officer means the NRC page-by-page or line-by-line that leaves no discretion on the issue; or official designated to fulfill the identification of responsive information (ii) Establishes particular criteria for responsibilities for implementing and within the records, withholding or refers to particular types j cdministering the Freedom of Unusualcircumstances mean- af matters to be withheld l

l

)

Feder:1 Register / Vol. 62, No.172 / Friday, September 5,1997 / Proposed Rules 46927 (4) Trade secrets and commercial or treat the records as not subject to the microfiche and may be ordered from the '

finincial information obtained from a requirements of this subpart when- National Technical Information Service, person that are privileged or (1) The investigation or proceeding 5285 Port Royal Road, Springfield, VA confidential involves a possible violation of criminal 22161. Single copies of NRC (5) Interagency or intra agency law; and publications in the NUREG series, NRC  ;

memorandums or letters that would not (2) There is reason to believe that- Regulatory Guides, and Standard '

be available by law to a party other than (1) The subject of the investigation or Review Plans are also available from the cn agency in litigation with the agency proceeding is not aware of its pendency: National Technical Information Service.

and (b) For the convenience of persons (6) Personnel and medical files and similar files, the disclosure of which (ii) Disclosure of the existence of the who may wish to inspect without charge would constitute a clearly unwarranted records could reasonably be expected to or purchase copies of a record or a invasion of personal privacy interfere with enforcement proceedings. limited category of records for a fee, (7) Records or information compiled Publicly available records of the NRC's L

$9.19 segregation of exemptinformation activities described in paragraph (c) of for law enforcement purposes, but only W mbn oNWng ma.

to the extent that the production of this section are also made available at (a) For records required to be made the NRC Public Document Room.The these law enforcement records or available under 5 U.S.C. 552(a)(2), the informahn- NRC Public Document Room is located NRC shall delete information that is at 2120 L Street, NW., Washington, DC, (1) Could reasonably be expected to exempt under one or more of the interfere with enforcement proceedings and is open between 7:45 a.m. and 4:15 I

(ii) Would deprivo a person of a right *]"h"[Cf*[,g,"ted iibe n$ca i P.m. on Monday through Friday, except Federal holidays.

to a fair trial or an impartial a the released portion of the record, (c) The following records of NRC adjudication unle8s Providing this indication would activities are publicly available at the .

(III) Could reasonably be expected to harm an laterest protected by the NRC Public Document Room for public constitute an unwarranted invasion of ex8mPtion(s) under which the matter 1 pdva * .

has been withheld. inspection and copying:luding (1) Final opinions inc  :

(iv) Could reasonabl be expected to (b)In responding to a request for concurring and dissenting opinions as disclose the identity ofa confidential inf rmation submitted una r $9.23,in well as orders of the NRC issued as a source, Includin8 a State,Ioca1, or which it has been determined to result of adjudication of cases-fo oa withhold exempt information, the NRC (2) Statements of policy and' gnge f)

P shall segregate- interpretations that have been adopted information on a confidentia1 ksis, and, (1)Information that is exempt from by the NRC and have not been in the case of a record or information public disclosure under $ 9.17(a) from published in the Federal Register; compiled by a criminal law enforcement nonaxempt information; and (3) Nuclear Regulatory Commission cuthority in the course of a criminal (2) Factual information from advice. rules and regulations; investigation, or by an agency opinions, and recommendations in (4) Nuclear Regulatory Commission conducting a lawful national security predecisional records unless the Manuals and instructions to NRC intelligence investigation, information information is inextricably intertwined, personnel that affect any member of the furnished by a confidential source or is contained in drafts,le6al work public:

(v) Would disclose techniques and products, and records covered by the (5) Copies of records that have been procedures for law enforcement lawyer-client privilege, or is otherwise released to a person under the Freedom investigations or prosecutions, or would exempt from disclosure. ofInformation Act that,because of the y disclose guidelines for law enforcement (c) In denying a request for recorda, in nature of their subject matter, the NRC investigations or pmsecutions if the whole or in part, NRC will make a determines have become or are likely to disclosure could reasonably be expected reasonable effort to estimate the volume become the subject of subsequent -

to risk circumvention of the law: or of any information requested that is requests for substantially the same (vi) Could reasonably be expected t denied and provide the estimate to the records.

cadanger the life or physical safety of person making the request, unless (6) A generalindex of the records cny individual: providing the estimate would harm an released under the FOIA.  ;'

(8) Matters contained in or related to interest protected by the exemption (s) (d) Current indexes to records that are cxamination, operating, or condition under which the information has been made publicly available are listed in reports prepared by, on behalf of, or for denied. NUREG-0540, " Title of List of the use of any agency responsible for the (d) When entire records or portions Documents Made Publicly Available "

i regulation or supervision of financial thereof are denied and deletions are which is published monthly. The institutions: or made from parts of the record by records required to be made available (9) Geological and geophysical computer, the amount of information undw 5 U.S.C. 552(a)(2) aro included in information and data,1ncluding maps, deleted will be indicated on the released this listing.

concerning wells, portion of the record, unless providing ~ (e) Records made publicly available (b) Nothing in this subpart authorizes this indication would harm an interest under paragraphs (c)(1), and (2) of this withholding of information or limiting section are aisc available for purchase protected by the exemption (s) under -

the availability of records to the public which the matter has been denied. through the NationalTechnical Except as specifically provided in this Information Service.

part, nor is this subpart authority to 5 9.21 Publicly-available records. (f) By November 1,1997, NRC will withhold information from Congress. (a) Publicly-available records of NRC begin making records identified in (c) Whenever a request is made that activities described in paragraphs (c) paragraph (c) of this section that were created after November 1,1996, involves access to agency records and (d) of this section are available described in paragraph (a)(7) of this through the National Technical available by electronic means, including section, the NRC may, during only the Information Service. Subscriptions to computer telecommunications to the timo as that circumstance continues, these records are available on 4ax extent NRC has implemented its A

6

a 46928 Feder;l Registir / Vol. 62. No.172 / Frid:y, September 5,1997 / Proposed Rules q tilocommunications capability, unless docket numbers, file designations, and (e) The Freedom ofInformation Act the records have been promptly other information which may help and Privacy Act Officer will promptly published and copies offered for sale. identify the agency records. If a forward a Freedom ofInformation Act Telecommunications access can be requested agency record is not described roquest made under $ 9.23(b) for an cbtained via the Internet by accessing in sufficient detail to permit its agency record to the head of the office (s) the NRC Home Page on the Internet identification, the Freedom of primarily concerned with the records ct:http//www.nic.8ov/. Information Act and Privacy Act Officer requested, as appropriate. The will Contact the requester within to responsible office will conduct a search working days after receipt of the request for the agency records responsive to the (a)(1) A person may request access to and inform the requester of the request and compile those agency records routinely made available by the additional information or clarification records to be reviewed for initial NRC under $ 9.21 in ]mtson or in needed to process the request. disclosure determination and/or writing at the NRC Publ'c Document (3) Upon receipt of a request made identify those tLt have already been Room. 2120 L Street, NW., Washington, under paragraph (b) of this section. the 2nade publicly available in the Public DC 20555. NRC will provide written notification to Document Room and 1.ocal Public (i) Each record requested must be the requester that indicates the request Document Rooms.

described in sufficient detail to enable h ab d th d br'of the NRC point of in a osum insdon.

the Public Document Room to locate the telephone record. If the description of the record contact to find out the status of the (a) Time for initial disclosure is not sufficient to allow the Public determination. The NRC will notify a request, and other pertinent matters Document Room staff to identify the - regarding the processing of the request. requester within 20 working days ofits record, the Public Document Room will (4)(1) The NRC shall advise a mquester determination. If the I w cannot act cdvise the requester to select the record that fees will be assessed if- UPon the request withm this period, the from the indexes published under NRC will provide the re uester with the (A) A request involves anticipated

$ 9.21(c)(6). reasons for the delay an provide a costs in excess of the minimum (ii) In order to obtain copies of records projected response date.

8P if ed i $ 9 an cxpeditiously, a person may open an ,

(b) Extension of time limit in unusual account at the Public Document Room P circumstances. In unusual with the private contracting firm that is Provided without charge under $ 9.39; circumstances, the NRC may extend the responsible for duplicating NRC time limit prescribed in paragraph (a) of records. (C) The requester does not specifically this section by not more than to (2) A person may also order records state that the cost involved is acceptable working days. The extension may be routinely made available by the NRC or acceptable up to a specified limit. made by written or telephonic notice to under $ 9.21 from the National (ii) The NRC has discretion t erson making the request to Technical Information Service, 5285 discontinue processing a request made the

,xp fain the reasons for the extension Port Royal Road, Springfield, Virgiula, under this paragraph (b) until- and indicate the date on which a ,

22161. (A) A required advance payment has determination is expected to be made.

(b) A person may request agency been received; .. Unusual circumstances" is limited to records by submitting a request (B) The requester has agreed to bear one or more of the following reasons for cuthorized by 5 U.S.C. 552(a)(3) to the the estimated costs; Freedom of Information Act and Privacy (C) A determination has been made on delahhe (3 need to search for and collect{

Act Officer, Office of ChiefInformation a request for waiver or reduction of fees; the requested records from field 4 Officer, U.S. Nuclear Regulatory or '

facilities or other establishments that are l Commission, Washington, DC 20555. (D) The requester meets the separate from the office processing the j The request must be in writing and requirements of $ 9.39. ' reouest;  !

clearly state on the envelope and in the (c)If a requested agency record that (2) The need to search for, collect, and letter that it is a " Freedom of has been reasonably described is located appropriately examine a voluminous Information Act reouest." The NRC does at a place other than the NRC Public amoant of separate and distinct records not consider a requ'est as received unti'. Document Room or NRC headquarters. which are demanded in a single request; it has been received and logged in by the NRC may, at its discretion, make the or the office of the F(*lom ofInformation record available for inspection and (3) The need for consultation, which  !

Act and Privacy Act Offic'er. copying at the other location. will be conducted with all practicable  !

(1) A Freedom ofInformation Act (d) Except as provided in $ 9.39- speed, with another agency having a  !

request covers only agency secords that (1)If the record requested under substantial interest in the determination ue in existence on the date the Freedom paragraph (b) of this section is n record of the request or among two or more ofInformation Act and Privacy Act available through the National- components of the NRC having Officer receives the request. A request Technical Information Service, the NRC substantial subject-me" ir interest does not cover agency recocds destroyed shall refer the requester to the National therein.

or discarded before receipt of a request TechnicalInformation Service; and (c) Exceptional circumstances. A or which are created after the date of the (2)If the requested record has been requester may be notified in certain .

request. placed in the NRC Public Document exceptional circumstances, when it l (2) All Freedom ofInformation Act Room under $ 9.21, the NRC will inform appears that a request cannot be requests for copies of agency records the requester that the record is in the completed within the allowable time, ,

must reasonably describe the agency Public Document Room and that the and will be provided an opportunity to  !

records sought in sufficle'2t detail to secord may be obtained in accordance limit the scope of the request so that it  ;

permit the NRC to ider tify the requested with the procedures set forth in may be processed in the time limit, or  :

agency records. Where possible, the paragraph (a) of this section or, if to agree to a reasonable alternative time  !

requester should provide specific applicable, is availabla on line frame for processing. For purposes of l 16rmation regarding dates, titles, electronically. this paragraph, the term "exceptior si i

t i

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7..  : z.-

Fedir:1 Registir / Vol. 62, No.172 / Friday, September 5,1997 / Proposed Rules 46929 circumstances" does not include delays request that clearly demonstrates a sought are exempt from disclosure and thtt r:sult from the normal predictable compelling need for expedited disclosure of the records is contrary to workload of FOIA requests or a failure processing. For purposes of determining the public interest and will adversely by the NRC to exercise due diligence in whether to grant expedited processing, affect the rights of any person, the the term compelling need means- Freedom ofInformation Act and Pnvacy processing the request. A requester's unwillingness to agree to reasonable (i) That a failure to obtain requested Act Officer will notify the requester of rr.ooJication of the request or an records on an expedited basis could the determination in the manner s3tirnative time for processing the reasonably be expected to pose an provided in 5 9.27.

request may be considered as factors in imminent threat to the life or physical (h) Initial disclosure determinations '

dit rmining whether exce tional safety of anindividual;or >

on requests for records located in offices (ii) With respect to a request made by other than offices under the Executive l circumstances exist and w ether the a person primarily engaged in Director for Operations. For egency , ,

agericy exercised due diligence in l responding to the request. disseminating information, urgency to records located in the office of a '

(d) Multiple-Track processing. To inform the public concerning actual or Commissioner or in the Office of the en:ure the most equitable treatment alleged Federal Government activity. Secretary of the Commission, the possible of all requesters, the NRC will (2) A person requesting expedited Assistant Secretary of the Commission process requests on a frst-in, first-out processing must include a statement will make the initial determination to basis, using multiple tracking systems certifying the compelling need given to deny agency records in whole or in part b . sed upon the estimated time it will be true and correct to 15e best of his or under S 9.17(a)instead of the Freedom tika to process the request. ber knowledge and belief, ofInformation Act and Privacy Act (1) NRC uses a three-track system. (3)The Freedom ofInformation Act Officee. For agency records located in (i) The first track is for requests of and Privacy Act Officer will make the the Office of the General Counsel, the simple to moderate complexity that are initial determination whether to grant or General Counsel will make the initial expected to be completed within 20 deny a request for expedited processin8 determination to deny agency records in working days. and will notify a requester within 10 whole or in part instead of the Freedom (11) The second track is for requests calendar days after the request has been ofInformation Act and Privacy Act involving unusual circumstances that received whether expedited processin8 Officer. For agency records located in '

cie expected to take between 21-30 will be granted. the Office of the Inspector General, the working days to complete (e.g. requests (f) Disclosure Review. The head of the Assistant laspector General for involving possible recos from two or respons'ble office shall review agency im.estigations will make the initial three offices and/or various types of records located in a search under determination to deny a ency records in .

files of moderate volume, of which, 59.23(b) to determine whether the whole or in part instead of the Freedom coms are expected to be exempt) agency records are exempt from ofInformation Act and Privacy Act (111)The third track is for requests disclosure under $ 9.17(a). If the head of Officer. If the Assistant Secretary of the thit, because of their unusual volume or the office determines that, although Commission, the General Counsel, or oth;r complexity, are expected to take exempt, the disclosure of the agency the Assistant inspector General for more than 30 working days to complete records will not be contrary to the Investigations determines that the (Eg. requests involving several offices, public interest and will not affect the agency recnrds sought are exempt from -

regional rifices, another agency's rights of any person, the head of the disclosure and that their disclosure is records, classified records requiring office may authorize disclosure of the contrary to the public interest and will declassification review, records from agency records. If the head of the office adversely affect the rights of any person, businesses that are required to be authorizes disclosure of the agency the Assistant Secretary of the '

ref;rred to the submitter for their records, the head of the office will Commission, the General Counsel, or furnish the agency records to the the Assistant inspector General for proprietary review prior to disclosure, records in large volumes which require Freedom ofInformation Act and Privacy Investigations will furnish that det:lled review because of the sensitive Act Officer, who will notify the determination to the Freedom of requester of the determinatim in the Information Act and Privacy Act Officer, n:ture of the records such as who will notify the reouester of the inv:stigative records or legal opinions manner provided in 9 9.27.

(g)1nitial disclosure determinatMns determination in the manner provided end recordings of internal deliberations on requests for records located in offices in S 9.27 of agency staff). (i) Records and information originated (2) Upon receipt of requests NRC will under the Executive Director for "

Operations, the office of the Chief by another Federal agency. If a notify requesters of the track in which Financial Officer, and the office of the requested record is located that was ths request has been placed for Chief Infonnation Officer. Except as originated or contains information  ;

processing and the estimated time for originated by another Federal l completion. Should subsequent provided in paragraph (b) of this - !

section, if, as a result of the review Governmant agancy, or deals with information substantially change the estimated time to process a request, the speciGed in paragraph (f) of this section, subject matter over which an agency other than the NRC has exclusive or requester will be notified teleobonically the head of the responsible office finds or in writing. A requester may modify that agency records should be denied in primary responsibility, the NRC will whole or in part, the head of the office promptly refer the record to that Federal th3 request to allow it to be processed will submit that finding to the Freedom Government agency for disposition or fastir or to reduce the cost of ofInformation Act and Privacy Act for guidance regarding disposition.

processing. Partial responses may be Officer, who will,in consultation with (j)If the NRC does not respond to a sent to requesters as documeuts are the Office of the General Counsel, make request within the 20 working-day obtined by the FOIA office from the period, or within the extended periods 1 ing offices. an independent determination whether described in paragraph (e) of this I suhxpedited processing. (1) NRC may the agency records should be denied in section, the requester may treat that pl:ce a person's request at the front of whole or in part. If the Freedom of Information Act and Privacy Act Officer delay as a denial of the request and ths queue for the appropriate track for immediately appeal to the Executive determines that tia agency records l th:t request upon receipt of a written 1

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46930 Federal Register / Vol. 62, No.172 / Friday, September 5,1997 / Proposed Rules Direct,r for Operations as provided in 5 9.29 Appeal fram Mittat determinauon. Commission, or the Inspector General

$ 9.29(a) or sue in a diatrict court as (a) A requester may appeal a ictice of will inform the requester that the denial denial of a Freedom ofinformation Act is a final agency action and that judicial noted in 5 9.29(c).

request for access to agency records, review is available in a district court of

$ 9.27 Form and content of responses. denial of a request for waiver or the United States in the district in (a) When the NP.C has located a reduction of fees, or denial of a request which the requester resides or has a regaested agency record and has for expedited processing under this principal ple:e of business, in which determined to disclose the agency subpart within 30 calendar days of the the agency records are situated, or in the record, the Freedom of Information Act date of the NRC's denial. For agency District o.f Columbia.

and Privacy Act Officer will promptly records denied by an Office Director (d) The Executive Director for furnish the agency record or notify the reporting to the Executive Director for Operations, nr a Deputy Executive requester where and when the agency Operations, the appeai must be in Director, or the Secretary of the record will be available for inspection writing and addressed to the Executive Commission, or the inspector General and copying. The NRC will also advise Director for Operations, U.S. Nuclear will furnish copies of all appeals and the requester of any applicable fees Regulatory Commission, Washington, written detorminations on appeal m the i'

under S 9.35. The NRC will routinely DC 20555. For agency records denied by Freedom ofInformation Act and Privacy place copies of non-sensitive agency an Office Director reporting to the Act Officer.

records disclosed in response to Commission,the Assistant Secretary of $ 9.31 Extension of time for response.

Freedom u information Act requests in the Commission, or the Advisory (a) In unusual circumstances defined the NRC Public Document Room and on Committee Management Officer and for in S 9.13, the NRC rnay extend the time microfiche in Local Public Document a denial of a request for a waiver or limi'; Prescribed in 6 9.25 or $ 9.29 by Rooms. Records will not be routinely reduction of fees,or denial of a request

', l' "l than 10 8d .

placed in the NRC Public Document for ex edited processing, the appeal t i _ e ad by t Room and Local Public Document must e in writing and addressed to the notice to the person making the request Rooms that contain information Secretary of the Commission. For agency records denied by the Assistant to exPl ain the reasons for the extension I f personal to the requester, matters that and indicate the date on which a are not likely to be of public interest to inspector General for Investigations, the anyone other than the requester; or, that appeal must be in writing and addressed f,te (na on is expected to be '

contain privileged or proprietary to the Inspector General. The appeal

([) An extention of the time limits information that should only be should clearly state on the envelo e and Prescribed in 5,9 9.25 and 9.29 may not disclosed to the uester. in the letter that it is an " Appeal rom x m ed P: (b) When the N denies access to a initial FOIA Decision." The NRC does "g,ceed y, p9 nle s a u ster s requested agency record or denies a not consider an appeal that is not agreed to an alternative time frame as request for expedited processing or for marked as indicated in this paragra h as described in $ 9.25(c).

a waiver or reduction of fees, the received untilit is actually receive by Freedom ofInformation Act and Privacy the Executive Director for Operations, 6 9.33 Search, review, and special service Act Officer will notify the requester in Secretary of the Commission, or the tees.

writing. The denial willinclude as (a) The NRC charges fees for-Insp)ector General.lb The NRC will make a (1) Search, duplication,2nd review.

ap(propriate-1) The reason for the denial: determination on any appeal made when agency records are requested for (2) A reference to the specific under this section within 20 working commeicial uae; I exemption under the Freedom of days after the receipt of the appeal, (2) Duplication of agency records information Act, or other appropriate except an appeal of the denial of a provided in excess of 100 pages when

! reason, and the Commission's request for expedited processing will be agency records are not sought for I regulations authorizing the denial; determined within to working days commercial use and the request is made (3) The name and title or position of after receipt of the appeal. by an educational or noncommercial each person responsible for the denial of (c)(1)If the appealis denied in whole scientific institution, or a representative the request, including the head of the or in part, the Executive Director for of the news media:

oftice recommending denial of the ' Operations or a Deputy Director, the (3) Search and duplication of agency j

record: Secretary of the Commission, or the records in excess of 100 pages for any

(4) A statement stating why the Inspector General, as appropriate, will request not described in paragraphs (a)

j. nequest does not moet the requirements notify the roquester of the denial. (1) and (2) of this section; (4) The direct costs of searching for i of $ 9.41 if the request is for a waiver or explainir g the exemptions relied upon reduction of fees: and and how the exemptions apply to the agency records. The NRC will assms (5) A statement that the denial may be agency racords withheld. fees even when no agency records are j appealed within 30 calendar days from (2) If, on appeal, the denial of a located as a result of the search or when agency records that are located as a j tha date of the denial to the Executive request for expedited processing or for j Dhector for Operations, to the Secretary a walver or reduction of foes for locating result of the search are not disclosed; of tl:c Commission, or to the Inspector and reproducing agency records is and j' General, as appropriate. upheld in whole or in part, the (5) Computer searches which includes t (c)The Freedom ofInformation Act Secretary of 11x Commission will notify the cost of operating the Central and Privacy Act Officer will maintain a the person making the request of the Processing Unit for the portion of

[-

^y copy of each letter granting or denying decision to sustain the denial, including operating time that is dhoctly requested agency records, denying a a statement explaining why the request attributable to searching for agency

+-

request for expedit3d processing, or does not meet the requirements of records plus the operator / programmer denying a request for a waiver or 69.25(e) (1) sad (2) or $ 9.41. salary apportionable to the search.

p~ (b) The NRC may charge requesters i t'aduction of fees in accordance with the (3) The Executive Director for i Operations, or a Deputy Executive who request the ic!!owing services for NRC Comprehensive Records Director, or the Secretary of the the direct costs of the service:

Disposition Schedule.

F Fed:r:1 Register / Vol. 62, No.172 / Friday, September 5,1997 / Proposed Rules 46931

} I I

(1) Certifying that recoids are true charges for mail-order duplication of (a) Clerical search, review, and copies; or j records are the same as those set out in du;. lication at a salary rate that is (2) Sending records by special paragraph (e)(1) of this section, plus equivalent to a CG-7/ step 5, plus 16 methods, such as express mail, package mailing or shipping charges. percent fringe benefits;  ;

delivery service, courier, and other (4) A requester may open an account (b) Professional / managerial search,  :

means other than ordh,ary mall. with the duplicating senice contractor. review, and duplication at a salary rate  ;

(3) Producing or converting records to A requester may obtain the name and that is equivalent to a GG-13/ step 5, formats specified by a requester other address and billing policy of the plus 16 percent fringe benefits; and th .n ordinary copying procesres that are contractor fmm the NRC Public (c) Senior executive or Commissioner re;dily available in NRC. Document Room.

search, review, and duplication at a

$ 9.34 Assessment of interest and debt (5) Any change in the costs specifiad sa!ary rate that is equivalent to an ES-collection. .in this section will become effectr,e 3, Pl us 16 percent fringe benefits.

(z) The NRC will assess interest on the immediately pending completion o' die final rulemaking that amends this $ 9.39 Search and dupilcation provided fee emount billed starting on the 31st without charge.  ;

day followiag the day on which the secti n to reflect the new charges. The billing was sent in accordance with Commission will post the charges that (a) The NRC will search for agency will be in effect for the intenm period records requested under $ 9.23(b),

NRC's regulations set out in S 15.37 of in the Public Document Room. The without chages when agency records this chapter. The rate ofinterest is are not sought for commercial use and prescribed in 31 U.S.C. 3717. Commission will publish a final rule in i

the Federal Register that includes thn the records are requested by an (b) The NRC will use its debt educational or noncommercial scientific art new charges within 15 working days collection institution, or a representative of the this chapter procedures under fees 15 frofm the beginning of the interim for any overdue news media.

Period.

6 9.35 Duplication fees. (b) The NRC will assess the following (b) The NRC will scarch for agency charges for copies of records to be records requested under S 9.23(b)

(:)(1) Charges for the duplication of records made available under 5 9.21 at duplicated by the NRC at locations other without char is for the first two hours ths NRC Public Document Room (PDR), than the NRC Public Document Room of search for any request not cought for 2120 L Street, NW. (Lower Level), located in Washington, DC or at local commercial use and not covered in Public Document Rooms:

para ph (a) of this section.

W:shington, DC., by the duplicating service contractor are as follows: (1) Sizes up to 8% x 14 inches made (c) The NRC will duplicate agency records requested under 59.23(b)

(i) Paper to paper reproduction is on office copying machines- $0.20 per without charge for the first 100 pages of -

50.08 per page standard size (up to and page of copy: and including 11 x 17 inches reducedJ. standard paper copies, or thn equivalent Pcges 11 x 17 inches are $0.15 each. (2) The charge for duplicating records cost of 100 pages of standard paper Pages larger than 11 x 17 inches, other than those specified in paragraphs copies when providing the requester (a) and (b) of this section is computed cep;es in microfiche or electronic form including drawings, are $1.50 each, on the basis of NRC's direct costs.

Pages greater than Jegal size,8% x 14 such as computer disks,if the requester (c)In compliance with the Federal is not a commercial use requester.

inches, and smaller than or equal to 11 Advisory Committee Act, a requester (G The NRC may not bill any  ;

x 17 inches will be reduced to legal size may purchase copies of transcripts of req uster for fees if the cost of collecting cnd reproduced for $0.08 per page, testimony in NRC Advisory Committee the see would ue equal to or greater than unless the order specifically requests y proceedings, which are transcribed by a the fee itself.

full size reproduction. mporting firm under contract with the (e) The NRC may aggregate requests in (11) Microfiche to paper reproduction NRC directly from the reporting firm at determining search and duplication to is $0.08 per page. Aperture card the cost of reproduction as provided for be provided without charge as provided blowbacks are $3.00 each (reduced size) in the contract with the reporting firm. In paragraphs (a) and (b) of this section, or $5.00 (full size). A requester may also purchase if the NRC finds a requester or group of (111) Microfiche or aperture card transcripts from the NRC at the cost of regaesters acting in concert, have filed i3 duplications are $0.75 each. reproductirm as set out in paragraphs (a) multiple requests that actually (iv) Rush processing is offered for i and (b) of this section. constitute a single request, and that the standard size paper to paper (d) Copyrighted matedsl may not be requests involve clearly-related matters.

reproduction and blowbacks, excluding reproduced in violation cf the copyright st:nding order documents and pages laws. As such, requesters will be given 594 Assessment onees.

reproduced from bound volumes. The the citation to any copyrighted (a)1f the request is expected to require charge is So.n per page. documents and a copy of the material the NRC to assess fees in excess of $25  ;

(v) Facsimile charges are: $0.39 per will be placed in the Public Document for search and/or duplication, the NRC p?ge--local calls; $0.50 per page-U.S. Roorn where it may be viewed by will notify the requester that fees will be long distance; and $1.50 per page- requesters. assessed unless the requester has  !

foreign long distance. (e) The cost for duplicating NRc indicated in advance his or her (2) Self. service duplicating machines records located in NRC Local Public willingness to pay fees as high as tre available at the Publ:a Document Document Rooms are established by the estimated.

(b)In the notification, the NRC will Room for the use of the public. Paper to institutions maintaining the MC Local '

prper copy is $0.08 per pape. Microfiche Public Document Room collections. include the estimated cost of search fees to prper is $0.10 per page x the reader and the nature of the search required i

print:rs. g 9.37 Fees for search and review of and estimated cost of duplicating fees.

(3) A requestor may submit mail-order apency records by NRC personnet. (c) The NRC will encourage requesters requests for contractor duplication of The NRC will charge the following to discuss with the NRC the possibility

) NRC records made by writing to the hourly rates for search and review of of narrowing the scope of the request

~j f4RC Public Document Room. The agency records by NRC personnel: with the goal of reducing the cost while si f1 J

t., ,

46932 Federd Registir / Vol. 62 No.172 / Friday, September 5,1997 / Proposed Rules retaining the raguester's original (4) Describe the likely impact on the infonn them of their appeal rights under objective. Public's understanding of the subject as $ 9.29.

(d)If the fee is determined to be in compared to the level of public p excess of $250, the NRC will require an understanding of the subject before ,,,,,, ion ,, ,,,,, g (a) Within 20 working days after l (efUnl s uester has agreed to e be the size and nature of the receipt of a request for access to agency ay the estima fees or, as provided public to whose understanding a l for in paragraph (d) of this section, the contribution will be made; " Of O requester has paid an estimated fee in (6) Describe the intended means of ve s efS9f3 (t u h d) or "

excess of $250, the NRC may not begin dissemination to the general public; $ 9.41(c), the NRC will respond to the to process the request. (7) Indicate if public access to m{uest (f)If the NRC receives a new request information will be rovided free of )3 as p oVided

, ng , e n $bo haiver charge or provided or an access fee or or reduction of fees, a requester shall and determines that the requester has failed to pay a fee charged within 30 publication fee; and provide the information required by calendar days of receipt of the bill on a (8) Describe any commercial or $ 9*41(b)'

(c) After receipt of a request for the previous request, the NRC may refuse to private interest the requester or any other party has in the agency records waiver or redu"lon of fees made in accept the new request for processing sought.

accordance witt. $ 9.41, the NRC will until payment is made of the full (c) The NRC will waive or reduce fees, either waive or reduce the fees and amount owed on the prior request, plus notify the requester of the NRC's intent j any applicable interest assessed as without further specific information to provide the agency records romptly Y provided in $ 9.34. from the requester if, from information or deny the request and provi e a j (g) Within to working days of the provided with the request for agency statement to the requester explaining receipt of NRC's notice that fees will be records made under S 9.23(b),it can why the request does not meet the  !

assessed, the requester will rovide determine that disclosure of the advance payment if requiref, notify the information in the agency records isrefd) in ulrements of $ 9.41(b).

As provided in $ 9.29, a requester NRC in writing that the requester agrees the public interest because it is likely t may appeal a denial of a request to to bear the estimated costs, or submit a contribute significantly to pubh,c waive or reduce fees to the Secretary to request for a waiver or reduction of fees understanding of the operations or '

al must be pursuant to 9 9.41. activities of the Federal Government the Commission. The afe dar days from submitted within 30 ca and is not primarily in the commercial h*d** f11**" i*

$ 9.41 Requests for wolver or reduction of interest of the mquester.

tees.

(d)In making a determination $ 9.45 Annual report to Congress. l (a)(1)The NRC will collect fees for regarding a request for a waiver or (a) On or before February 1 of each searching for, reviewing, and reduction of fees, the NRC will consider year, the NRC will submit a report

)!

d uplicating agency records, except as the following factors: I covering the preceding fiscal year to the provided in $ 9.39, unless a requester (1)liow the subject of the requested Attorney General of the United States submits a request in writing for a waiver agency records concerns the operations which shallinclude-or reduction of fees. To ensure that there or activities of the Federal Government: (1)The number of determinations will be no delay in the processing of (2)liow the disclosure of the made by the NRC to deny requests for Freedom ofInformation Act requests, information is likely to contribute to an records made to the NRC under this part the request for a waiver or reduction of understanding of Federal Government and the reasons for each determination; fees should be included in the initial operations or activities; (2) The number of appeals made by n

Freedom ofInformation Act request j (3)If disclosure of the requested persons under $ 9.29, the results of the letter. information is likely to contribute to appeals, and the raason for the action (2)Each request for a waiver or public understanding: taken on each appealthat results in a reduction of fees must be addressed to (4) If disclosure is likely to contribute denial ofinformation; .

i the Freedom ofInfoanation Act and significantly to public understanding of (3) A complete list of all statutes that ,

Privacy Act Officer, Office of Chief Federal Government operations or the NRC relied upon to withhold l Information Officer, U.S. Nuclear activities; information under subsection (b)(3) of 5  !

Regulatory Commission, Washington, (5) If, and the extent to which, the U.S.C. 552, a description of whether a  ;

DC 20555. requester has a commercial interest that court has upheld the decision of the (b) A person requesting the NRC to would be furthered by the disclosure of NRC to withhold infonnation under waive or reduce search, review, or the requested agency records; and ecch such statute, and a concise duplication fees will- (6)If the magr.itude of the identified description of the scopo of any I

(1) Describe the purpose for which the commercialinterest of the requester is informau a withheld; requester intends to use the requested sufficiently large,in comparison with (4) The number of requests for records information:

the public interest in disclosure, that pending before the NRC as of September j (2) Explain the extent to which the disclosure is primarily in the 30 of the proceding year, and the requester will extract and analyze the commercialinterest of the requester. median number of days that such substantive content of the agency (e) The Freedom ofInformation Act requests had been pending before the record; and Privacy Act OfSer will make an agency as of that date; (3) Describe the nature of the specific initial determination whether a request (5) The number of requests for records {

activity or research in which the agency for a waive. or reduction of fees meets received by the NRC and the number of records w.ll be used and the specific the requirements of this section. The requests that the NRC processed; qualifications the requester possesses to Freedom ofInformation Act and Privacy (6) The median number of days taken utilize information for the intended use Act Officer willinform requesters to process dif'erent types of requests; in such a way that it will contribute to whenever their request for a waiver or (7) The total amount of fees collected public understanding; reduction of fees is denied and will by the NRC for processing requests; Y

W l

i Fed;ril Register / Vol. 62, No.172 / Friday, September 5,1997 / Propaed Rules 46933  ;

I (8) The number of full-time staff of the written comments received in response but not limited to, water supply, power I NRC devoted to processing requests to this document will be available for generation, or sewage treatment, under the FOIA and the total amount public review ai the addresses listed Impounding Structure means a dam, I expInded for processing these requests. below during normal business hours, - embankment, or other structure used to (b) The NRC will make a copy of each Monday through Friday, excluding impound water, slurry, or other liquid report available to the public on the holidays. Each requester may receive or semi-liquid material.

NRC homepage on the Internet that can one free copy of the proposed Impoundment means a water, be accessed at: http\\www.nrc. gov. A amendment by contacting OSM's sediment, slurry, or other liquid or copy will also be avsilable for public Lexington Field Office. semi-liquid holding structure or in:pection and copying in the NRC depression, either naturally formed or Public Document Room. William J. Kovacic, Director, Lexington  :

Field Office, Office of Surface Mining artificial,1y built.

C;ted at Rockville, F.aryland, thin 19th day Reclamation and Enforcement,2675

• 8* ***"* I") ""Y of August,1997. functional impairment of surface lands, Regency Road, Lexington, Kentucky Frr the Nuclear Regulatory Commission. 40503. Telephone: (606) 233-2896.

Arnold E. I.evin b a an has a s if*

Department of Surface Mining adverse impact on the affected land's Arnold E. La'in, Acting chiefinformation Reclamation and Enforcement,2 capabilit to support any current or 1 Officer. Hudson Hollow Complex, Frankfurt, reasona y foreseeable uses of causes , 1 IFR Doc. 97-23612 Filed 9-4-97: 8:45 am) Kentucky 40601, Telephone: (502) significant loss in production or income:

saLuMO CooE r0s0-01-P 564-6940. or (c) any significant change in the FOR FURTHER INFORMATION CONTACT: condition. appearance, or utility of any William J. Kovacic, Director, Lexington structure or facility from its pre-DEPARTMENT OF THE WTERIOR Field Office, Telephone: (606) 233- subsidence condition.

2896. NoncommercialBuilding means any Ottice of Surface Mining Recismation building, other than an occupied and Enforcement SUPPLEMENTARY INFORMATION:

residential dwelling, that at the time l I. Background on the Kentucky subsidence occura,is used on a regular j 30 CFR Part 917 Program or temporary bas; as a public building

[KY-215-FOR) On May 18,1982, the Secretary of the, or community or institutional building.

Any building used only for commercial, Kentucky Regulatory Program Interior conditionally a proved the agricultural, industrial, retail, or other Kentucky program. Ba ground j AGENCY: Office of Surface Mining information on the Kentucky program, commercial ente rises is excluded. '

i R;climation and Enforcement (OSM), occupied Resi ntialDwelling and i including the Secretary's findings, the Stmetures Related Thento means any I Int:rior, disposition of comments, and the building or other structure, that at the ACTION: Proposed rule public comment conditions of approval can be found in time the subsidence occurs,is used period and opportunity for public the May 18,1982 Federal Register (47 either temporarily, occasionally, h= ring. FR 21404). Subsequent actions seasonally, or permanently for human concerning the conditions of ap royal habitation. This term also includes any

SUMMARY

OSM is announcing receipt of and program amendments can found building, structure, or facility installed ap posed amendment to the Kentucky at 30 CFR 917.11,917.13,917.15' on, above or below, or a combination regu atory program (hereinafter the 917.16, and 917.17.

thereof, the land surface if that building, n 8Contro an a a on A of II. Description of the Proposed structure, or facihty is adjunct to or 1977 (SMCRA). The proposed Amendment used in connection with an occupied smindment consists of rev[sions to the residential dwelling.

By letter dated July 30,1997 PreviouslyMined Area means land Kzntucky regulations pertaining to (Administrative Record No. KY-1410), that was affected by coal mining subsidence, water replacement, Kentucky submitted a proposed operations conducted prior to August 3, impoundments, definitions, subsidence amendment to its program revising 1977, that has not been reclaimed to t control, sedimentation ponds, section 405 of the Kentucky prescribed standards. I hydrology, and permits. The A'dministrative Regulations (KAR) at gIntndment is intended to revise the At section 8:030-Surface Coal ~

8:001,8:030,8:040,16:001,16:060, Mining Permits, Kentucky is making the Krntucky program to b9 consistent with 16:090,16:100,16:160,18:001,18:060, following changes. At subsection 16 ths corresponding Federal regulations. 18:090,18:100,18:160, and 18:210. Kentucky is requiring that a permit DATES: Written comments must bo Specifically, Kentucky pruposmem tu application identify and describe certam rectived by 4 p.m., (E.D.T.], October 6 make the following changes. At section alternative water supply information if 1997. If requested, a public hearing on 8:001-Definitions (405 KAR Chapter 8), the determination of probable the proposed amendment will be held Knutucky is defining the following hydrologic consequences results in on September 30,1997. Requests to terms: certain indications. At subsection speak at the hearing must be received by Community ofInstitutional Building 32(3)(e), Kentucky is requiring that a 4 p.m., (E.D.T.), on September 22,1997. means rny structure, other than a public determination of probable hydrologic i

ADDRESSES: Written comments and building or occupied dwelling, which is consequences include a finding on sequists to speak at the hearing should used primarily for meetings, gatherings, whether the proposed surface mining be mailed or hand delivered to William or functions of local civic organizations activities may proximately result in J. Kovacic, Director, at the address listed or other community groups: functions as contamination, diminution, or below, an educatinual, cultural, historic, interruption of an underground or

, Copies of the Kentucky program, the religious, scientific, correctional, mental surface source of water that is used for i p osed amendment, a listing of any health or physical health care facility; or domestic, agricultural, industrial, or i s duled public headngs, and all is used for public services including, other legitimate use within the parmit I a

i