ML20235Z753

Forwards Rept by NRC on Administration of FOIA for CY88

ML20235Z753
Person / Time
Issue date:	03/03/1989
From:	Zech L NRC COMMISSION (OCM)
To:	Quayle J, Jason Wright HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE
References
NUDOCS 8903160207
Download: ML20235Z753 (21)

Text

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' f ,1 NUCLEAR REGULATORY COMMISSION g WASHINGTON, D.C. 20666

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CHAIRMAN March 3, 1989 i The Honorable Jim Wright Speaker of the United States House of Representatives  ;

Washington, D. C. 20515

Dear Mr. Speaker:

I am enclosing the report on the administration of the Freedom of Information Act by the Nuclear Regulatory Commission for calendar year 1988. This report is submitted in accordance with Public Law 93-502 of November 2, 1974 (5 U.S.C. 552(d)).

Sincerely,

% b. b, Lando W. Z ,J

Enclosure:

FI0A Report i

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CHAIRMAN March 3, 1989 The Honorable J. Danforth Quayle President of the United States Senate Washington, D. C. 20510

Dear Mr. President:

I am enclosing the report on the administrr. tion of the Freedom  !

of Information Act by the Nuclear Regulatory Commission for l calendar year 1988. This report is submitted in accordance with Public Law 93-502 of November 2, 1974 (5 U.S.C. 552(d)).

Sincerely,

/

(v.) 1 Lando W. ch, r. l

Enclosure:

FI0A Report

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REPORT BY THE NUCLEAR REGULATORY COMMISSION ON THE ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT FOR 1988

1. (a) Total number of initial determinations made by the agency not

'to comply with requests for records made under 5 U.S.C. 552 during calendar' year 1988:

216 requests involved denial determinations during calendar year 1988 (b) Authority relied upon for each such determination:

(1) Exemptionsin5U.S.C.552(b):,

Exemptions Invoked (by number) Number of Times Invoked i 1 2 2 1 3 8 4 24  ;

5 115 l 6 68 7A 29 78 0 7C 27 70 13 7E 2 7F 1 8 0  !

9 0 (2) Statutes invoked pursuant to Exemption 3:

Statutory Citation Number of Times Invoked 42 U.S.C. 2161-2165 2 42 U.S.C. 2167 6 (3) The number of requests for which the NRC cited the Government in the Sunshine Act to withhold transcripts of closed Comission meetings:

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

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

l 26*

(2) Number of appeals in which, upon review, the request was denied in full: i 22 (3) Number of appeals in which, upon review, the request was denied in part:

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

(1) Exemptionsin5U.S.C.552(b):

Exemptions Invoked (by number) Number of Times Invoked 1 9 2 0 3 0 4 13 5 39 6 11 7A 8 78 0 7C 7 7D 4 7E 0 7F 0 8 0 9 0

• These appeals include 13 in which the requesters appealed the failure of the agency to respond within the 10-day response period. The files on these appeals were closed and considered " granted" upon NRC's responses to the requests. These also include five appeals subsequently withdrawn, and three appeals challenging the completeness of NRC's responses to the requests. Of the three latter appeals, the NRC, upon further evaluation, reaffirmed its initial determination in one appeal; located additional records in one appeal; and informed one requester of additional records which were already available at the NRC's Public Document Room (PDR). One appeal is included in which the requester challenged the NRC's adequacy of search resulting in a "No Document" response. Upon further review, the NRC located additional records, including one record denied in its entirety and one record denied in part; and the requester was given the right to appeal the denials. Lastly, one appeal is included in which the NRC informed the requester that the NRC generally will neither confirm nor deny the existence of agency records when it receives a third-party request regarding allegations of a named individual. This appeal was administratively closed when the requester submitted a notarized authorization from the named individual under the initial FOIA request.

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( i l 3. (a) Name and title or position of each person who is responsible for i j the initial denial of records requested, and number of instances of '

participation of each: ,

Number of Instances l Name of Participation

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

2. Donnie H. Grimsley, Director 153 Division of Freedom of Information and Publication Services Office of Administration and Resources Management

3. Edward L. Halman, Director 4 Division of Contracts and Property Management Office of Administration and Resources Management i

4. John C. Hoyle 50 Assistant Secretary of the Commission

5. James A. Fitzgerald 15 Assistant General Counsel for Adjudications and Opinions

6. James P. Murray, Deputy General Counsel 13 for Hearings and Enforcement 4 l

7. Sharon R. Connelly, Director 10 l Office of Inspector and Auditor  !

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

9. Ben B. Hayes, Director 34 l Office of Investigations

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10. Victor Stello, Jr., 3 i Executive Director for Operations 1

f . . 4 Number of Instances Name of Participation

11. Stewart D. Ebneter Director 3 '

Office of Special Projects

12. James G. Partlow, Director 8 Office of Special Projects  ;

(succeeded Mr. Ebneter)

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13. James Lieberman, Director 3 Office of Enforcement

14. Paul E. Bird, Director 9 Office of Personnel

15. Edward Jordan, Director 1 Office for Analysis and Evaluation of Operational Data

16. Hugh L. Thompson, Director 18 Office of Nuclear Material Safety and Safeguards

17. Thomas E. Murley, Director 18 Office of Nuclear Reactor Regulation

18. Eric S. Beckjord, Director 4 Office of Nuclear Regulatory Research

19. William T. Russell, Regional Administrator 16 Region I

20. J. Nelson Grace, Regional Administrator 3 Region II

21. A. Bert Davis, Regional Administrator 24 Region III l l

22. Robert D. Martin, Regional Administrator 19 Region IV f- 23. John B. Martin, Regional Administrator 4 Region V i 1

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i (b) Name and title or position of each person who, on appeal, is '

responsible for the denial of records requested, and the number of instances of participation of each:

Number of Instances Name of Participation

'l. Lando W. Zech Jr., Chairman, NRC 18

2. Thomas M. Roberts, Commissioner, NRC 18  ;

3. Frederick M. Bernthal, Commissioner, NRC 12

4. Kenneth M. Carr, Commissioner, NRC 19

5. Kenneth C. Rogers, Connissioner, NRC 18 i

6. Samuel J. Chilk, Secretary of the Connission 11*

7. Victor Stello, Jr., Executive Director for 22 Operations (c) In 1988, the NRC cited the following officials of another Federal agency as denying officials for information originated by the agency and contained in records subject to two FOIA requests submitted to the NRC:

Agency Official FOIA Exemption Department of Energy Mr. A. Bryan Siebert, Jr., Acting 3 Director, Office of Classification and Technology Policy Department of Energy Mr. C. H. Schmitt, Deputy Director, 3 Office of Naval Reactors  ;

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

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

Response: There have been no findings of arbitrary or capricious conduct on-the part of NRC personnel, and no proceedings have been conducted pursuant to 5 U.S.C. 552(a)(4)(F).

• The authority to deny in its entirety an appeal to the Commission was delegated to the Secretary of the Commission, 50 Fed. Reg. 27214. i 1

1 6

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

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

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

Response: The NRC fee schedule is set forth in 10 CFR 9.33 and 9.35.

The total amount of fees collected by the NRC for making records available under 5 U.S.C. 552 was $16,238.90, which includes $10,010.90 in search and review fees and $6,228.00 for the reproduction of records.

During the past year, approximately 4 million copies were made of records located in NRC's Public Document Room in Washington, D.C. The NRC has entered into a no-cost-to-the-government contract with a private firm to reproduce for the public copies of records located at the Public Document Room. During 1988, approximately $248,000 was received by the contractor for the reproduction of paper copy and microfiche records.

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

552.

Response: During 1988, the NRC received 618 F0TA requests and 54 appeals.

Copies of F0IA requests and the records disclosed as a result of such requests are normally placed in the NRC Public Document Room. In addition to providing general public access to material released under the Freedom of Information Act, the NRC routinely releases for public inspection and copying in its document rooms an average of over 268 new documents each day on virtually every aspect of NRC's regulatory program. This 4 extensive voluntary document release program has resulted in more than 1.6 million documents being made available in the Commission's Public Document Room in Washington, D.C. Additionally, the NRC maintains extensive document collections relating to the licensed nuclear power facilities in 95 Local Public Document Rooms located near the sites of the facilities throughout the country.

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'estas Fedesel Regleter / Vol St. No. 281/ Thweday. December 31, sesF lhama se

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suasosamv:De Nuclerr Regulatory . 51bpart A. and to rebet the chsnges to records responding to FOlA requests, Cemmission (NRC)le amending its Exemptson 7 of the FOlA. along with their appendicas.in the regulations pertaining to public Records De proposed rule wee published in

.in order.to conform its Freedom of NRC's Public Document Room. This the Federal Rol lster on August 8.1987 practice permits FOLA requesters.

Information Act (FOIA) regulations to (52 FR 2rigsk The comment pened among whom may be commercial ene the FO!A es amended by the Freedom of empired on August 28.1987 requestare end other amou antilles. to Mformauon Reform Act of 1988 and to effect current NRC organizational Analysis of Comments Recalved by review requested records, and thus structure and current egency practice NRC affords them an opportunity to reduce and delegauen.nese ameedments also De NRC received ela comment letters the Raancial burden by purchasing only reduce the repetition of statutory fross the fouowing sourses. records for which esy are specmeauy requirements.These amendments are Laterested.11te Saancial borden of using pubhc Cluens tattention Creep die FO!A may ales he reducedif a necessary to inform the public about the Casiestees for Freedom of the procedurel danges to the FOIA roguester mede the legal requiremeek regulauons. .ble EnergHOCREI for a waiver andler reshassion of fees.

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,y i. = Cemmes,.o.,,, go, ne NRCdprovides e,d agen e , ogees,eiprecedw.e.e for rom Puuman esponsnavsom contrastt Kerr.neices Corposetsee Donale H. Grimsley. Director. Divisios A survey of 13 agendes revoeled that of Rules and Records. Office of ne eomaisses are addressed bdow ns 12 of them e66er esoted that the Administration and Resources sequential order aoairding to the Regulatory Flealbility Act did not apply Management. UK Nuclear Regulatory opcine part of he propoud nde to to thle type of rulemakke er did not Commission. Washington. DC 20555. did esy apply

• mention to Regelstory flealbuity Ad i Telephone:301-492-7211. in the rulesnaking et aR.e Among the L #drejedory AAS/ye/e eredAeyu/ story sueet.sesestrany esponesafiosc The fless6//ity Certiffootion a=ncies stettng that the Reentatory ybbiHty Act does nd appTy is the Freedom ofinfonneuen Reform Act of One commenter stated that the 1986 (Pub. L 3D-470) was signed by the Departroent ollustice. the agency taking conclusions drawe in these two the leading role in the development of President os Odober 27.19EL The Act discusatoes were " unsubstantiated and the fee waiver guidelmee. De NRC provideo for broader eaamption contrary to the smau business staa believes, absent any other comments protection for law enforcement standards publiebed by NRCin ir. formation (Emamption 7 of the FOIA) regarding the subject. that its Regulatory December tes(s)." ne conumenter Analysis and Regulatory Flealbuity and new law enforcement record further stated that the NRC abound Certification represent a good faith l exclusions. He new enemphes prepare as analysis that would show effort et estimating the impact on provisions became effechve "the actual cost impact of the requesters and the NRC.

imrnediatel . The amendmente changed regulations es requesters." With regard the threshe d of reconis encompassed to smaB asuties. the commenter 2 Section Att Definitions under Esempuea 7 from "levestagstory resemmended the "NRC should consider )

records" to su records or infennehoe Several commentere addressed one or l redecing costs for search and

ompiled for law enforcement purposes, more of the definitions la this section.

uction."

( ne Act also establishes new provisions the NRC publiebed its notics of One comunenter stated that parayeph (2) ender the deflaition of" agency related to the assessawat of charges and adoption of sise standards la December )

walting of fees for records requested record"le Egr with I g.2no(bl.

1965 (30 FR 80241),it adaowledged that whie defines NRC pereennel to include under the FOIA.he Act requires approalmstely as to as percent ofits contractors. Port e was amended in 1968 l

affected agencies to use the March 27 licensees were considered to be smaB 1ger (52 FR tort 2) OMB guidelines in to remove tbs idervoce (tr. former i 9.4 entities. Dese licansees were comprised Availabihty of itecords) to NRC structuring their implemeoung of vanous discrete youps, chiefly regulations. ne new fee structure contisctor records because existing case private practice physicians. small law and long standing osency pesetice provleions of the Act became effective radiogrepby and wou loggmg on April 25.1987. held that records not actueuy in the compasues. and various other small possession and control of the NRC are important features of the new fee independent entiues scattered among nm agency records.no definition in structure involve substantial changes the remaining NRC matenals licensees.

I SJoo(b) is not incongruent with I s.13 that relate to agency charges for search, it would be impossible to draw a review, and duplication er records la because i 9.200(b)is in Subpart D.

correlation between small entitles " Production or disclosure in response to addition, the new guidelines set forth among NRClicensees and persons or procedern for conducting searches subpoenas or demands of courts or entiues submittine Freedom of other authonties." and pertains to the without charge, duphosties records inforrnation Act (FVIA) requeste. As the power of subpoenas and court orders, without charge, welvlag er redocmg a Secenties and Enchange Commission fee, and the provisions for assessing which is broeder in scope then the term indicated in its Initial Regulatory ap,,cy ,, cord." which defines the Interest on unpaid bills that are more Flexibility Analysis (June 25.19s7: 52 FR reach of the FOIA.

than 30 days delinquest. Moreover, the 24146). "There is no reasonable method Freedom of Information Reform Act of for estimating the number of snuties De same comunenter questioned the 19es requires the agency to provide the comem d parepspb H)of the seem involved."Neither the Freedom of first 100 pages of requested records free Information Reform Act not the def'mition and seked who would make of charge for requests other than for guidelines of OMB and the Department the determis.stion of what information is commercial use. of Jusuce suggest that agencies should substantial and what is not.De Conformms emendmeets have been tier or reduce the fees for any groupe of

, made to Port 2 and Part s. Subparts B. C.

' and D, to conform crose-references to requestere not specifietly menuoned in the legsstation. As a matter of practice, d^,80"'f M"'"d j'dd,,,

ta my kan seem e=s reumar cm ruaA.

the renumbered sections of Part s. however, the NRC routinely placu scr hAsA. sc. paw seaux and sec i

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• 49352 Fed:ral Registir / Vcl. 52. No. 251 / %ursd:y. Decemb r 31, 1987 / Rul:s and Regul:tlens

. comme.nter also questioned if the recommendation, the NRC has decided discretionary practice could shield Times Co. v. NASA. Civil No. a6 2800 to retain this sentence because the (D.D.C. lune 3.1gs7))(appeal pending).

potentsal wrongdoing. Another commenter has provided no buis for its commenter recommended deleting his section irnplements 5 U.S.C.

deletion. and the NRC believes this

,>aragraph (4) because it duplicates provides appropriate clarification. $52(a)(2) of the FOIA. which does not-paragraph (3). As the commenter stated. have the threshold requirements

" Records are either personal records or .f.Section A17 Agency Ascods mentioned by the commenter.ne Exempt frome Pdlic Discloeure threshold requirement found in 5 U.S.C.

agency records, depending upon their content." NRC guidance issued in 1963 $62(b)(6) is implemented at i 9.17(e)(6).

Several commenters noted that the indicated that Commissioners' explanatory information that fonnerly i Section #JJ Aiblicly A voilable appointment records and telephone logs appeared in I g.5 Exeruptions has been Aecortie were not apncy records, as long as the deleted in proposed 8 0.17 and one records did not contain any substantive commenter suggested that this was due A cornmenter noted that the proposed Infonnation and they were not to a typographical error. When the NRC section ($ 9.21(c)). which supersedes circulated for any agency was mvising the FOIA mgulations, a fonner i 9.7. deleted " final vote of each decisionmaking. Dis view was upheld decision was made to list the memberof t e

,,,,g,, .h. g,Commise6oe

,g ,g ,,,,;g;,ggy in every in a 1see decisionin Auma e/ Notional exemptions ensetly as the appearin the law. For that reason. e I of the te s U.S.

Affairs Inc. v. United Stoies. D.C. Cir. , g, ,, C. 552(a) which

.es of records which

! No. 83-1138. In that case, the court " held e Ian oryinformation has been must be made p De NRC dropped they were not agency records because they were not distnbuted to othe, One co'mmenter concluded that the the reference to final votes because it was not specifically stated in i U~S.C.

$fted the pe ce ic ven noe of ** mp o w pe e W u a a% dme.

individual officers in organizing both public disclosure of a greater range of a Section an Requests for Accords 6eir Pemonal prev ous!

appostments.,a, In thend event business a

] ,n p OumMmmMh request is made for a specific law wnttea, he NRC lish se deletion of Paragraph (c) because it Comaussioner's appointment calendar, categones of agency records that are pensined to when mcords wm made es Assistant Secutary he routmely made publicly available in available et a contractor's site. The NRC Coeusission, la consultation with the it.21. Dis commenter also concluded disagrees. and the paragraph will be that under the expanded scope of retained because there is. for enample.

Generof L i " " i p pnate i ' '

e a d selosure (",'bbP o p

,, , gffble a C Region determination.

Another comment information which [itj obtains from Office. ne same commenter definition of " news ,er stated would that the "be crucial criminal history records forwarded to it recommended a slight modification of pursuant to to CFR 73.57 and Peregraph (d) to indicate that "the in deodes whether a requester is l entitled to the benefits enjoyed by s subsequently provided to the NRC." and introductory 'except' phrase applies to '

01)"any information which the NRC has both sentences."De NRC has made this NPmastatly of the news mada., We obtained from investigative reports dange.

• g"*" {', h"Q* provided by [it] such that the release of 7. Section gy fo,tio/ pi,c/o,yf, guidelines,it was a part of the definition * "

of " representatives of the news media. $"ul h id7nt f t on of and the NRC decided to seperste the suspects. wimesses, complainants or Several commenters addressed this employees or otherwise interfere with wetierL One commenter concluded that term into two separate definitions:

the effectiveness of an Employ,, this section will require any NRC however. this seperation has led to Assistance Program." It should be noted employee who intends to release an some susunderstanding, and they am being put back together to conform to that the commenter's organization is not otherwise withholdable (propnetary) a Federal agency. so the Freedom of mcord provided by a licensee to first the OMB definitions. ne definition of Information Act has no applicability to obtain the licensee's approval prior to news does not require each FOLA his records. However to the extent that releasing the record. De commenter has requester to be involved in matters "of his cryonization's records are used by a drawn an inaccurate conclusion.

current evente" or " current interest to Federal agency in a law enforcement Currently. Part 9 has no procedures the public"in order to obtain records, proceeding. the records could qualify for pertaining to the decision to disclose '

but representatives of the news media protection from public disclosure by a mcords containing proprietary should be. in addition. in response to Federal agency under exemption 7.

another comment, the propoemd Information: however 10 CF1t 2.790(b) 3 does contain detailed procedures for '

definition of representatives of the newe 4 Section 818 S*8f'88'iO8 Off"'*P' medie t\as been expanded ho conform Information and Deletion of identifying assuring the proper handling and .

pmm, g , ,,y g;,

more smpletely to OMB's Seal Detai/e ,yp, og ,g,,,,gj,,,

definition of the term to imply that One cornmenter noted that this newsletter publisher, are included in Another commenter stated that with j this group.

section permits the NRC to delete names regard to paragraph (d). the FOIA and identifying details which would provides time for consultation between '

One commenter is - - M constitute a clearly unwarranted agencies but does not allow " wholesale deleting the last untence from the invasion of personal privacy, but states referral of requests which are exclusive definition of "recorr that rude that the esency proposal" eliminates the or primary responsibility of another

" Record does not include so object or threshold test (a determination that the article such as a structure. Imreituse, a esency." ne commenter has drawn information withheld appears in some erroneous conclusions regarding ungible exhibit ur model or a vehicle or personnel and medical or similar filesl piece of equipment."In response to this for invoking that exemption."(New York rout.ne NRC procedures i OlA requests. for processing If the records thet

• Fed:r:1 Register / Vel. 52. No. M1 / Thursday. December 31,198F / Ruies and Regulations 49353 respond ts a FotA request received by M. Section PJ5 Dupbcation rece the NRG contain other egency records (ilne NRC apres with this comment

' emong the NRC records, the NRC and the title and introductory text have seyegates those records and ascertains ch rge in ta ap b)(1) e not a been changed to delete the word same as the charp at the NRC's Public duplication.

whether or not the records in question ave been made publicly eveilable. If Document Room. (ii) and (lii) In developing this rule. the t they have been, the NRC will release PI NRC followed the OMB guidelines them. If they have not been made

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• which state that the elements of direct publicly avellable. the NRC will refer g* costs are the basic rate of hourly pay of

'7,I,#, ,f,',',},7,f, ,g;,,, g, the employee performing the task plus the records to the appropriate agency for fish volume duplication which affords 16 percent for fringe benefita, na NRC e disclosure determination end. usually*

a direct response to the requester. high cost efficiency. In contrast. in 1987 8I80 idenned &N lYp# of the NRC performed an in4ouse study of homogeneous ellert involved in the NRC A third commenter recommended a watch and mvhw g n ad reproduction costs for typical FOIA slight modification to paragraph (b).

requesta. The Agure denved- Joe pee professional /mana rial, and anscutive/

which the NRC has made. De pop-is bened on the followtag: Cornminico--end or each level, the commater also requested the deletion NRC established an average salary of Parogreph (f) because "as a prectical * * * ** *Pw'W8 " 84. 88"" '8 **

figm. Anar establishing these Agures.

metter. this procedere has never been evamp yeds of XM/1for a espy machine followed by NRC." De NRC disagrees bindery worker a the quisds espy smoter sed the NRC consulud wie Oh48 mid bt and the provision is being retained.

cp/1 gar the e,orese rJer6aal weekar agengaxpressed as obW WC"a epereitg a sepy mesmne to the esteoise "~- , g or the Agures that the

& Section #Jr Appro/from Initio/ copy cemero, de unashne ases as wru a methodology produced. Moreover, seven sepying suppnee. These Agures were beoed of tbs 15 apacias surveyed gave so Determination se NaC unde sepyuig emees over tie pose speanc sasary Sgures but indicated that One commentw mcommnded es year. A dayes of dilBeutry aJ was added bonuse ei the hashly sessammed eryle of the fees for search and review were the deletion of paragraph (d) since it actual salary of the employee represents an internal procedure whsch wwh required to sepy most FOLA docununts that must be disassembled. hand. fed, performing the taak plus 10 percent. no should be haciudad in the NRC Manual ruwabled is eemordense w6eb teventory remaining 3 agencies indicated specafic rather than the regulations. instruenons. This factor of dimeulty wu the amounta, although there is very httle De NRC disayees and is retsining rf uniformity among the figures. De NRC the parayaph because the secoon tells '" tytimejests

, es Quicg has decided to leave its fees as the pubjec bow the agency processes g, , ,g g', propowd, review of eyney. wide 6 wn and the m (iv)In respons k this comswet. the

1. PPeals- not abpecuo Heicinisons in volume in a

p. Section #J3 Search. Review. and 9"""F " '"*u u soAno pagu in a yur. review for winch the NRC may charge is SpecialService fees defined in i s.13. nia deGaltion followe i De NRC's figure of 20e per page is the languay used to define mmw in 8'""I ***""'" *N " not out of line in comparison with other the OMB gedelines. The NRC believes paragraph (sN4) which permits the NRC esencies. For example, of 15 agencies that the definition adequately dennes to anesa fees for unsuccessful searches. listing fees, the Department of Energy is the types of mmw effort for which ee Section 3.b. of the final OMB the only apacy with a price as low as NRC may charge.

Guidelines published on March 27,1987 5e per page.no aversy of the 15 (v) No change has been mada.he (52 m 10D12) states that " Agencies agencias is almost les per page. For commenter is incermat in the saaertion should give notice in the regulations that these reasons. the NRC willleave that the NRC has made provision for they may assess charges for tirne spent paragraph (bX1) unchanpd. quarter. hour tism penods in its searchirig. even if the agency falls to 11. Section 927 Teesfor Search, regulations.

locate the records or if records located Review. ondDup/icolson of}tecords by 12 Section cae Soorch and are determined to be exempt from NRCPersonnel Duplication Provrded Without Charge disclosure." Further,if as asency One commenter made several The commenter believes the estimates that the search charges will exceed $25. the agency must advise the r, commendations regarding this section: categortes of requesters are too narrow l (i) A separate staff charge for. and tend to exclude bona fide nonprofit requester, unless the requester agreed in duplication should be deleted since advance to pay fees as high as what the public interest organizations.

costs are already included in the copy in responding to public comments agency anticipates. Under the Freedom cost:(ii) charges should be based en the regarding this point. OMB indicated that of laformabon Reform Act. 5 UAC. actual salary of the person performing 552(a)(4)( A)(ii) provides for fees to be the legislative history does not define the search. not en average grade of all charged for search for alltsquesters employees:(iii)if(ii)is not acceptable. the term "educa tional institution" (52 m emmpt educational or ace comunercial 10D13). In response to comments the rates should be reduced to 310 for recommending the definition of scienufic institutions or representatives clerical staff and 320 for professional of the news media when the records are staff. (iv) the regulations should make education institution to be that used by not sought for commercial use. In the IRS for institutions quellfying for ta x clear that review time will only be esempt status. OMB commented that it addition. 5 U.S.C. 552(aM4XA)(iv) charged once and not for each level of l prendes that " fee schedules shall did "not think it appropriate to tie '

review; and (v) NRC should make clear provide for the recovery of only the eligibility for inclusion in the ' education in the regulations that it will charge institution' fee category to an IRS direct costs of search. duplication. or costs based on quarter. hour time revi,, e * ' (Emphasis added) interpretation of the institutions' penods as the current regulations do.

nerefore, the NRC has set changed elipsbility for tax exempt ststus"(52 FR The NRC response to these 20014). The NRC believes it is prudent parsgraph (a)(4) of this section. recommendations is as follows: snd eshibits the gosi of uniformity to l

l

49354 Feder:1 Register / Vol. 52. No. 251 / Thursday. December 31, 1987 / Rules and Retrolations us's the satne definitions that OMB has rer.ects the efficiency of the FVtA staff and charge fees if the cost of collecting the used. Ow Dimion of Rules and Records. fee is equal to or greater than the Ice ne NEC believes this interpretation itselI.

Section 911 Requests for Wairer or Dere will be an economic impact on

&cuan oyees is incorrect. In order to correct it the NRC has deleted the phrase "within to all requesters. However, the most Most commenters generally believed working days" from the paragraph. significant economic impact wiu fall on that this section is too burdensome, that commercial.use requaters !n keeping the threshold is too steep to overcome. 4 C'A' ** **#

with the intent of the Federal user fee and that the Department oflustice One commenter made the following concept the NRC willcharge Culdelines go beyond the intent of the general comment: commercial.use requesters full direct law. Some suggested that the NRC NRC should clartfy the status of cost fees for all search for, review and should not use the e questions contained ersenisat6ans such as nonpront public duplication of requested records.

In the justice Caldelines but should use inwreet groupe and staw esencsw whid do Commerdal use requesters are not the text indicated in the Freedom of not reedily fall wnhin tlw definitions wt forth considered to be "smallerftlUes." and information Reform Act which consists la the ruk Am aus groups soutled W as the NRC believes that staassment of the of only two tests "if disclosure is in the setomat6c waiwr er do they pay fun oes" fees wiD not cause a significant public interest because it la likely to [g%"idj Itne economic burden on them.

contribute significantly to pubtle remeds for m m nm.commercal. omf Een W A h h b understanding of the operations or W8t'*r o' full ***t*? n='- laMhw Raquesters activities of the govemment and is not primardy in the commercial interest of aNRC f a su dance (Figure of 350 commercial.ase requesters the requester. M8 based on actual 1988 statistics) twesters as defined by OMB.The 5,,,g , g g g p,,

ne NRC has independently reviewed legislative history is silent with regard femons!) $1s.ooo the Department ollustice Guidelines and believes that the factors adopted to nonprofit groups. Within the NRC. fee Reuew costa (profemonal) _t r,.ooo reflect the intent of the law. however.

the N;tC has decided to delete factors 7

"'[, ,d ed o se by case basia Total unmeted costs For the remaining three categones of

$31.000

a. and e of I 9.41(d) es a result ofits EnvironmentalImpact: Categorical requesters, the Freedom of Information further reflection of the comments. Exclualom Reform Act requires spencies to provide One commenter recommended, for The NRC has determined that this 100 pages and two hours of search time parapsphs (s)(2) and (b). adding the f nal rule is the type of action desenbed free of charge. in addition. these wortia "in excess of those authorized by in categorical exclusion to CFR requesters may request a waiver or i 9.30" after the word "fses." According 51.22(c)(1). Therefore, neither an reduction of fees.which would norma8 5

• o the cocamenter, this would "make environmental impact statement nor an be charged for duplication and search ear that the specific information environmental assessment has been time in excess of the initially waived

,hould only be submitted when a IN prepared for this final rule. amounta. If they can show that their waiver la requested byond the ,

request for agency records is in 6he automatic waiver firmta" Paperwork Reduction Act Statement public interest and is not pnmanly in ne NRC believes that the charges are his final rule does not contain a new their commercialinterest.

clearly specified in the Freedom of or amended information collection As a result of the amendments.

Infoammatase Reform Act in 5 UAC. requirement subject to the Paperwork several principal economic impacts on 55a(aM4)lA)(ll) and in the NRC's Reduction Act of 1980 (44 USC. 3501 et the NRC are expected. Additional regulations at i 9.30. Derefore, no seq.). Existing requirements were administrative effort will be required by change has been made to these two approved by the Office of Management the staff to record time spent in paragraphs. and Budget approval numbers 3150 4136 processing FOIA requests. time spent in f d. Section P.dJ hocessing o/ Requests (Part 2) and 3150-0043 (Part 9). recording ataff processing reports, and

"' 8 '"""'

fora WairerorReductsono(Fees Regulatory Analysis , , P' , ,i

'" fg*h"bdled.

One commenter suggested that there ne final rule implements the additional staff duplication effort will be is an inconsistency between paragraphs provisions of the FO!A se amended by required to provide requesters copies

! (a)(2) and (a)(5) and recommended the Freedom ofInformation Reform Act that must be provided without charge.

revising the second sentence is (a)(5) to of 1986 and bnngs Part 9 into read. "!! the fre is between g25 and $250. conformance with current agency Estimated Annual Costs for NRC To Process FOIA Requests

the NRC may not begin to prouse the practice and several of the maior

! request until the requenter agrees to recommendations of the Office of the (Figures based on estimated 833 hours0.00964 days <br />0.231 hours <br />0.00138 weeks <br />3.169565e-4 months <br />) l bear the estimated costs." ne NRC Ceneral Counsel. Saalf rooordmg of time (% Ciencal believes that the factors relatag to S s% dom of Information Reform + % Proinaiona0 $17.000 assessment of fees should be removed , c. ni FJ6 established (1) three levels Bi!!ing Costa ._ 3.000 from this section into a newly created of kt.: .) new standards for wsiving or Duplicanon of first too free pages section. I 9.40 "Assesament of fees", for reducing fees. and (3) an exclusion from (23mo sheete x sJo per page) s.ooo purposes of clanty. providing records without charge. Total estimated cosis- 25.000 Ba sically, the NRC will not charge fees ne commenter also made the Regulatory Flexibility certification following observatiore for the first two hours of esarch and the U8 88' Fle ib ty A .SU . he

.sh ! eye "1e C ned mques Any quester may also seek Commission certifies that this rule does for taking the poeinon that it enE met chere, f.n d it does not act spee e lee =een, a waivu or md@eHan for records not have a sigruficant econorme ernpact requot wiAn to da ys. Tw s<o==a ciurir in excess of 100 pages. The NRC will not on a substantial number of small

- _- . - . . . , . ,.- .. . .- ~ ~ - .

i .

.- ' - "- ' ~ {

• (

y,g ,,1 Register / Vct. 52. No. 251 / Thursday. December 31l19e7 / Rules and 493

~~4:elld**' Dh And rule implements the (i) Could reasonably be espected to ptendo8 dlaformation Reform Act of (d)ne following haformation shsill W , g,, pp.470) which includes the interfere (ii) Would deprivewith enforcement a person of a ris t proceedmke; deemed to be comswedd er Ananc I d thru levels of fees and to a fair trial or en isnpartial information within the meaning of eP'808,,ovkiens regarding waiver or adjudication:

e d few for search. review. . (iii) Could reasonably be expected to subjec[t to disclosure only and 3,,0.n of records. Becuse the with the provisions of 3 p.1s of this constitute an unwarranted invaelon of chapter.  !

information iteform Act of personal privacy: . ,

1888 P"g,'ida relid for all requesters. liv) Could reasonably be requestere.

commercial.uw espected to  ;

i disclose the identity of a confidential

.reagh waiver er reductions of fees, the source, including a State, local, or PART 6--PUtuc RECORDS

. WC dos not believe that the majority foreign agency or authority, or any eipotentaal requeters would feu under

3. He authertty citation for Port 9 i private institution which furnished gg ,g, go. email entities" set information on a conAdential basis, and.

revised to read as follows:

g,,g g, se p,gulatory Flexibility Act or Amhemy:sec, not, as em get u in the case of a reard or information amended tea U.s.c,assip ass.aet as em i se Sma# Bussinom Sise Standarda compiled by a criminallow enforcement '

geaud by se Smau Businese authority in the course of a criminal taet as amended les U.Ec.assik Administregon et is CFR Part 131.

Invesugation. or by an agency Subpart A slao issued under 5 UAC ,

BeckSt conducting a lawful national security 5A2: 31 UAC spot: Pub. t. 5 87E '

intelligence investigation, information Subpart B is alsoleeued under 8 UAC. ,

%is final rule portsins to the SS2a. Subput C doo luud unde 8 furnished by a confidential source:

ementauon of the Freedom of (v) Would disclose techniques and U.S.C 182b.

. ormadon Reform Act of 1900c procedures for law enforcement gnefore, no backfit analysis has been 4. Section s.1 is revisodio g,y,,,,' .-

read as investigations or prosecudone, or would prepared. disclose guidelinee for law enforcement investigations or prosecutions if such I t.1 Seepe and purpose, Ust disclosure could reasonsoly be expected (a) Subpart A implements the 10 CTR Porgi provisions of thw Freedom of to risk circumvendon of the law: of Administrative practice and (vi) Could reasonably be expected to information Aet. 8 UAC 862.

procedure. Antitrust. Byproduct enda e le or physical fety of conceming the availability to the publii materiet Osseilled information. ""Y of Nuctant Reguletery Commission Environmental protection. Nuclear , ,

records forlaepeceon and copying.

snateriale. Nuclear power plants and (bX11, , , -

(b) Subpart B impleresets lhe reactus. Penalty. Ses discriminaHon. (H) Contains a fuu statement of the provisions of the Privacy Act of 1874. 5 w matwid.Specid nuclew reasons on the basis of which it le UAC.nnan.concerning discloswo and snaterial Weste ersetment and disposal. availabluty of certain Nuclear claw &at tlw informauon abould be Regulanery t'mrecorde 10 CER Part# withheld frompubbe disclosure. Such statement chan address with speciAcitY malateland as laevidnis.

Frndom ofInformation, penalty. &e cono6dwetions listed la paragraph {c) Subpert Claplemente the pHvwy. Reperdne and recordkeeping (b)(4) of this section la the case of am provisions of the Government in the requituments. Sunshine Act. amdevit submitted by a company, ee Sunshias Act.8 UAC 883b.concerning l Fw h reseem semt in ee omdavit shall be esecuted by an ofAc" the opening of th=aaaaaa meetings to pesemble and ender the authority of the ar e public observauen.

Atornic Energy Act of1964 as amended, g vel]ypegetofficial who (d) Subpart D describee procedures the Energy Raergenisation Act of 1974, fuschon rutewing the information governing the production af agency u amended. and a UAC s53. the NRC t to be wishdd and euewised to records. Informaties, er testimony in is adopting the inBowing amendmeate to a y for its wt es behe of twponu to subpoenas or demande of 1 to C71t Parte a and S.

g,yb informe ybwm F courts er other judicial er guesi->sdicia authertiles in State and Federal y, even .o,6.a - - -

000sESTIC UCENesse PROCEEDSeeg information aseghtle be withheldle els.ta,sa A4,andta Inemoveel 1.noe einselon for Part1 submined to the ha==aa= by.amother 3, g ,le.nta, e.3. s.8.and sa are i oostinese to selolloem . pereen.The applioene.n and asidevit ,s ,,og, Ase sday.ess.tes.es ass.'sen as ebat be embaisted at eumaof 6I

. n% nformatten eseght to be ' iS.8 theeselemseedasgtal -

easeded (es usc met 3 see. ass. se eses, saas,se ammadsdies usc mellL o tsierpeties one$tto be withheld abaI be Inserparated, as ler to peselble. S.Sedlem eJle redselpated lSa asc

2. le i1.Fet (e)(7), pyyleeil to paed se jeBowet into a separete paper.The afteat may -

• 1)(84), and are revloed to read as designate wi6 to mahtop . Ita m .

reformation em tiedla lhe afBdevit as As emedin tkle pan:

3a.7st pesetussenene,esempeone, a trede secret er aa=Ad==tial or vunged commercialer financial -r w -aman === means 1: "-- ' -

ressusses per umhetengL of Sve ===hase or a georum thestet ties within the meanlag of (e) * * * .

I S.17ta (4) of thle che sitting as a body. as provided by section 1 and such am of the Energy Reorganisauon Act of '

(7)Recordeertalerseados compoed laforma) tion shautobe o 1s74.

forlawartfersementperposes but only disclosure only in a ace with the to the anteet est she psoduction of such provleions of I 9.19 of this depter. " Government agency" means any law enforceerst records orinformation. * * * *

• executivo department, military ,I department. Covernenent corpore tion.

m

• 4aS56 Federal Regineer / Vol. 52. No. 252 / Thursdsy. December 31. 'iger / Rules and Regiletions Mi Governmont<entrolled corporation, or s.r- .

or the pereen en whoes behalf the other estehhshment in the exemuve s.ts Segregation of exempt informaimn and

,g g g branch of the Covernment (incJuding the " f id' i"8 g h d'1 bkg h m"m hum W Execualve OfGoe of the President), o' that en agency inces in ammsduing is s.as Requests for e, cards any independent regulatory agency. 9.2s inibal disclosure determination. and dupbcatag agemy roomds.Per a

• NAC" susans the Nuclear Regulatory e.ar Pam ead casamt of roepeasse. commercial uos repet, urses esses Commission, established by the Energy 9.as Appeel from suual determietka include the expenuhteesinvolved da Reorganization Act of 1974. s.n Entension of time for seaponse.

s.as M mew. end sped some reviewing seansde h aspond h es "NRC personnel" means employees. g, g_ regoest. Dheet costa lockads en enlary consultanh.and sneenhoe of edvmory d ** *"Id* Fee **WgwF patente 6 s.34 Assenment of hierest and debt boards, committees, and panels of the ,an.cea,, work based en that bens rats of pay i NRC: members of boerde designeted by s.as Depacasan gen, plus la percent of that seto to oever  !

Ihe Commission to preende et s.ar slees ear eserah end rev6.= ef eseacy Irtnge baumans and es cast of opersune l adjudiaalary pretmedhige: and adRoses seesude by fGCpensammt. dupiaastag machimmy. j or employees of Cowesmaan agenctes, s.as emmeh and dupheneen prended "Dupenettes" unmas es procesa of t including adDiary perecunel, see6gned ta weehensahnen making a sepy of a ruessd eccessary es duty M the NRC. * * * '"**'*"'*88838"-

respond to a seguest anode ander i s.ss

" Working days"sneenMoeday

"** *g ,"'" " ' "

Copias say Laite lho Imre of paper copi through Friday.eampt leigal hebdays. s.as processtne of requerts for a wit,vr e, microform audio.visualmaterials. disk !

,edsenen d fees, magnetic tape, or machine readable it s.29 tisodesagrated se i s.s] s.es Aneuet Report to censr e. documentation, among othere.

7. Section 92a is redesignated l 9.5 "8'W kuertenies' meens as and is revised to read as follows: Subpart A-freedom of informenon Act flegulations institution whkh operates e propese o I t.s Interpretamons. programs of echolarly meesech.

Except aa specifmally autherned by yw g ,,g Educationalinstitution refers to e g preschool. a public or private the Commission in wntang no P"" PC" P' l interpretation of the maarung of the making NRC agency records available to elementary or secondary school, an the pubuc for anspectma and copyms institution of graduate hishu educanov '

regulauona in this part by an officer or an institution of undergraduate higher employee of the Comanasion other than pursumat to en proviewns d se education, en lastitution of professional a writtan interpretafson by the Caneral Freedom of Information Act(5 Lt.S.C" 552) and provides notice of procedures education. or an institution of mcation Counsel will b6 recognised as binding education.

upon the Commission, for obtaining NRC records otherwise j publicJy available. This nubpart does not .. Noncommercial scientific lastitutior I I S.3tp (Medsettested as l 9.81 means an institution that la oot operatt l affect the dissernmation or distribution

8. Sectaon 9.2b is redesignated j 9.8 of NRC-originated. or NRC contractor. on a comsur.cial basia, as & term originated,information to the pub!sc com,g g,,,gg g g g and revised to read as follows: definition of" commercial.use request.' i under any other NRC public, technical.

s semession reguarements: " di P' 'd solely i Pu Pm '

or otherinformation program nr policy. c,"nd ciWi e (a) %e NitC hus sobrmtted the W3 "* " " " ' **

informatwo collection requirements As seed in this subpan. promote any particular product or centained in this part to g ogice og " Agency recort!" is a record in the industry.

Management and Budget (OMB) for g g g ..Offica", unless otherwise indsated. i is associated with Govemment busmess. means all offices. boards. panels. and ked c A 1980(44 C. t Agmcy mmd dm not include meerds uses oMe E 8"Ch8'-. adviewy

, Record p' means any book, p

% WB hae apyroved &e (1) Pubhcly available books. map, photograph. brochure, punch carc !

ont n a pa udr penodicals, or other publications that magnetic tape, paper tape, sound number 31504043. are owned ce copyrighted by non. record ng. pamphlet. slide, motion (b) The approved information Federal soerces: picture.cr other doeuroestary matenal I (2) Records solely in the possession regardiesa of Soma er characteristics.

I collection requirements contained in this and control of NRC contractors: Record does not include an object or i

part appear an il 9.29.9 41.9.54. 9.55.

(3) Personal tecords in possession of article such as a structure, furniture, e and 9.202. tangible exhibit or model. a vehicle. or NRC personnel that have not been

9. Subpart A currently conessa of ci,culated, were not required to be piece ofequipment.

ll 95-9.16. New ll 9.3. 0 L and 9.8 are created or retained by the NRC. and wn "Repressetative of the news media" redesignated to procede Subpart A and be retained or discorded et the sothor's means any person actively gotherms the remaining section in Subpart A are sole discretion, or records of a Personal news for an entity that la organmed an<

renumbered and revised to reed as nature that are not associated widh any ope:eted to publish or broadcast newe follows (new llIL11 through S.43): Covernment businees: or to the public. De term " news" means gag,,,n g p,eoesan ofIntermanen Aet (4) Non.cobstaesie, informesson in information that is about current event I fqogotamens logs or schedule books of the metrummi or Ibet would be of current interest to I or Comtmassooers, smourcidosed oncept the public. Examples of news media 5"

"I for typing er recordmW Porposes- entities include television or radio "Commericabase sequest"annens e - atotions broadcastag to the pubhc at

',M , ,g g request made mador i 82(bllur e ese or large, and poblsshers of gem.bels (bu g.tr Asemy records enseps frere pubisc purpose that foreare to samumenant. only in those instances when they can discloswa. trade, or profit interests of the requestet quahiy as dissemmators of" news") wl

\ .. . . . .

- - - - . _ . . _ , .,..e i

_ rederal Regleter / WI. 52. No.151/ Thured2y. December 31. test / Rales eggan ,

s**be b 8 P, p seve e let pt Recorde se ele soie t the

,e or subscriptions by the pneral internal personnel roles and pructase e( gel Cedatt==8 and peopbya' cal l

,- the seency: mformation and date, ind=hng maps.

8's' w me.ns the , roc of m Ra-d. s concern.at wds.

,-d im N mg to.si. w,.uermee e888'**8,,corde idenenhed as frorm desenosase.s by statute (other than 5

,, es a commeruel-see regnest U.S C. IS2bl. provided that such unthhold>g of leformeme,n or bm T'rm ne wheth" th'Y *'s exempted s ta fets- the avadabdny of records to the pubhc I I" dischure m whole er m part. fi) Regarres that the matters be except as speciftsaNy preguied in this A388- view includes exammme records wshheld from the public in such a part, nor is this subpert eethonry to i neane wWeh Freedom of withhold Informonen from Conyese.

he,rmetion A53 manner as to teeve ne drecret6ca on the  ;

i 8'e le*ue. * (c) Whenever e regeest is made w6ici g ig ,,ug ge ***'",P**"8 y ,,aorde e, Invokes ameos as esency records I (ii) Establishes particular entene for l

P'," ions thereof to be esciesed, and *'thhokling or refers to pereculev types descrbd in pereyepb (alp)of tins

} ',"hich

,;,,are g,om the resoeds abooe portionsof mettere to be withheld

sect 6en, the NRC mer. duttng only each to be withheld.

(4) Trade secrets and coenmarcialer time as that etreamstance continues ,

financiel lydormation obteleed from a tnet b records se not eeblect to the I" cords, either by mesua,l anarch Pmon org,and,,n,gg,,,,,,ggg, pneGeged w edendet requirements of tble subpart whers i

8'[ch emng esisting campan,, ($) Prrterogency or irrtmagency (1)The inwetigsflon or proceeding  !

g , ,,,,,,a i, , ,,,,,, memorendems or letvers which weeld invetves a possible violation of enmmal >

by law.and Pydmgentificationa peNeesp.page oserve inferrnation or not be line by lane evehble by law to e peny wher than en eprney in litigerfon with the (2) There is reason to believe thel-within the records. (I)The subject of the lovestigation or (1 n w

'{,"{rsormel

) and medi ca les fil and (ny 8 Swam oh 8 penhcr cc et

, g$ ,,, d nted reco ud fi s or oth establishments that ere separate trom the office processing I"[p",((,"ht rm on compfled

• y be exp

• • *""**' E"#**

to the request: forlaw enforcement purposes, but only Is.19 Secreteten of esempteWormeeen p) The need to seersh for. co!!ect and to the extent that the production of ane detenen et teenswveng esees.

appropnately examme a voluminous such low enforcement records or information-.- (a) For records regelred to be made amount of separete end diettnet records (i) Could reasonably be espected to svallable under 5 U.S.C. 552 which are demandedin a single regneet: NRC shall delete the esseith w(a)(2), the or mterfere with enforcement proceedings; any identifying details,if the release of the p) ne med fce consuhation, which (ii)Would deprive a person of a right to a fair trial or en impartial name or other idemarylag details el er will be conducted with eB practicable adjudication: relating te, a te party wG1 speed, anth another ayecy having e constitute a rty unwonansed (iii) Coahi reasonably by to substantial heerest in the deterraf aation invesion of personal privacy. The NRC of the request of among two or more constitute an unwarrested venies of shall provvie moedkattoa thol names of components of the MitChautos personal privacy.

substantlet subject matter interest (iv)Coald reasonably be aspected to parties and certala other identifyiss therein. -

disclose the identity of a aosdidential details have been somewd in order to sourca, including a State, local or prevent a clearly emwarrested lasassen I s.15 AmanesN= or mese" foreign specy or authonry, or any of the pereenalpetvecyof the pnvate inetltution which furnished individuals involved.

The NRC wiD make available for (b)la responding to a request for public ins 4:*ction and sepying any information os a confidential basas, sed, ressonsbly descn1md essesy neceed in in the case of a recoed or information information subenstled under 6 9.22. la the ponenlee andsened of the NRC compded by a snainallaw endercanoes which Lt has been detensumed to authonty la the cowse of a muniaal withhold axempt infeemeties, the WRC under the provtsises of 61s subpart, and investienaies6 er assynacy shaRseyeaste--

upon request by Records aa-Annar a la D)Informannen that is emmept bem that the NRC seu ashas publisly ist aseenalseeunit inomaqataos,hdensation publia disclosere seder 4tule)Irms avaDabde are descreedh & S21. a--~ * " 'espes nonazempt lateremetten;ed Procedwee and esadfilmes governing -

requesto per reconb are set forth ha [v)W disclass tenhahpsesand. (t) Fasasat helemmeslam been edeia l ass. -

g % 8er.leissedeseuseet . . s epia&ame, and seemamendestems h inveestystemaer W se espald predecisionalrecordsestems the saw asesorsemessempetempsese discione geldeliamo feelose emineesment informetten is inanertsehip teamrtwtmed.

m

• • '8""'- ., ,,see,seessiseek or is mostein.He enfh,typwork (a)De foBewing ofagener A=Aa;=== emeld seasonably be dmeespooned n.d.s ewy diese p,,es,es.i,se,ed t,, as records are esempt to dak eleoneeumseles of heleer,e , essa.or h adherwtee puhnc emampaisesa diedeseos dischute underIask (v6)Codd seesemably be to endanger the his er phye6 eel og I sJ n b emy m aa nde m eeres.

(1) Racerde 6)whishme y==h8y any ladividesk suthoriand ender sitesin established by (a) Pubhcly avainside teamrde of NRC en Execmalve enler to hohept meeret in 68) 38*uses econalmed in ce related to e na missaies, opera ties, es esaduaise activities demeribed in pesoyopbs (c) the interest alestianaldsimer er aad(d)of tes essaiasareavuGable foreign policy, med liil shish are in less reports proposed by, on bdnaE el er les tirossk the pwa==ITechukul property elesaSalpassomme to eseh the mee of any agency responsible ler the regulathus as supeension of financial Informs taso Servtes. 9mbeceipsione Executive ordest instrtutione: er these roteres are svadable se 4as microfiche end may be ordered trem the

n 49358 Fed:rel Resist:r / Vol. 52. No. 251 / Thursday. December 31, 1987 / Reles ord Regulations advise the requester to select the record (A) Atoquestinvolves anticipated l Nationai Technical Information Service, 5:a5 Port Royal Road.Spnngfield.VA from the indeses published under costs is exceu of the minimum specified I 22161. Single copis a of NRC publications I 9.21tc)(6l. In S 9.3R and in the NUREG senes. NRC Regulatory (ii)In order to obtain copies of records (g) Search and duplication is not expeditiously, a person may open an provided without che' under i 9 39; or i Guides and Standard Review Plans are ficall also available from the Netional secount at the Public Document Room (C) "9" "*"#

with the pnvate contracting firm that is * *"

Technical 1nformation Service.

(b) For the convenience of persons responsible for duplicating NRC records.

who may wish to inspect without charme (2) A person may also order records $* g[8cce"Ptable up to e or purchase copies of a record or a routinely made sveitable by the NRC (ll) NRC has disention to limited catego of records for a fee, under i 9.21 from the National Technical d econdnue pecewing for scords information Service. 5285 Port Royal I vest made under this publicly avails le records of the NRC's e activities desenbed in paragraph (c) of Road Springfield. Virginia.22161. re thin section are also made available et (b) A person may request agency gg) advance payment has the NRC Public Document Room. The records by submitting a request  %

authorized by 5 U.S.C. 552(a)(3) to the NRC Public Document Room is located Director. Division of Rules and Records, el 1717 H Street NW., We shington. DC. the numated costs:

and is open between 7.45 a.m. and 4:15 Office of Administration and Resources (C) A determination has been mac'e Mandgement.Lfi Nuclear Regulatory 00 a request for waiver or reduction of p m on Monday through Friday. encept Commission. Washington. DC 20555. I"*;

s.

legal IclThefoholidaflowing records of NRC The request must be in wnting and (D) N requester meets the clearly state on the envelope and in the activities are publicly available et the letter that it is e ~rrvedorn of "9"i"*'"I' 'I I 8 38-NMC Public Document Room for public (c) H e mqmtad agency scord that Information Act request." N NRC does has been reasonably desenbod is inspection and copyingludmg (1) Final opinions inc concuenna not consider a request as received until at a place other than the NRC located and dissenting opinions as well so it has been received and logged in by Public Document Room or NRC the Director. Division of Rules and headquarters, the NRC may, et its orders of the NRC lasued as a result of adjudication of caws: Records. Office of Administration and discretion, make the record available for (2) Staternents of policy and Resources Management. inspection and copying at the other (1) A Freedore ofinformation reques, interpretations which have been location.

covers only esency records that are in adopted by the NRC and have nos been (d) hcept as provided in ( 9.39-esistence on the date the Director.

published in the Federal Register Dmsson of Rules and Records, receives (1l1f the mcord requested under (3) Nuclear Repletary Commission peregraph (b) of this section is a record the request. A request does not cover neles and regulations: avallable through the National (4) Nuclear Regulatory Commission esency records destroyed or discarded Technical lnformauon Service, the NRC before receipt of a request or which are Manuel and instructions to NRC created after the dele of the request, shall refer the requester to the National personnel that affect any inenber of the TechnicalInformation Service: and public; l2) All Frwdom ofInformation Act (tlIf the requested record has been requeste for copies of esency records (51 Recorde made eveilable for public placed in the NRC Public Document must ressonably desenbe the agency mspection and copying under this Room undet i 3.21 the NRC may inform records sought in sumoent detail to ch.pter and the NRC Manual (NRC permit the NRC to identify the requested the requester that the record is in the Bulletin 32tD-13 describes the NRC agency records Where possible, the PDR. and that the record may be Policy for Routinely Making NRC mquester should provide specific obtained in accordance with the Records Publicly Avellable g procedures set forth in peregraph (a) of mformauen regarding dates. titles, tel Curnnt ladenee to records made docket numbers. file designations and this section.

) eveilable under s UAC 152(allt) and other infonnation which may help (e) h Director. Divlelos of Rules and hi are made pe6licly aveslebie are Records, shaU promptly forward a tissed to NUREGesen,"Tierof Ust of identify the agency records if a requested esency record te not Freedom ofInformatico Ast request Documeets Made FWh5cdy Aeallable.- made under i 9.23(b) for se agency described is sumcient detail to paredt whsch is published sma its identification, the Director. Divlelos record which is not pa available in avellable ender -

(d] Recorde made of Rulee end Records shanInforms to the NRC Public Decament I under paragraphs (cNik (at and (s) of - it.21 to the head of to eSee yrtmarily this esogen are eles paeshte Ier - mqueWer of Gu donc6secy withiait

• days aRar mostpt of the request concerned with the records reg *eseled g" through as NaasselTocemcel . - - and a thesequesteetoemheelt e and to the CeneralCdesseL as informeties serstes. , edditlenelinformetloa regardlag eo ' approprieta.We respeedde'esco wtB regneet ermeet with a to NRC- oseduct e sesseh der to Jacords Bus fleesesseterm personnelle ester to the twponalve to dw regesse emmpus  !

(alt ) A perses may regases access to for records routinely made available by the (3) Upon reselpt of a regeset me those resores laitial adoeure under I NRC under i S.Il le porosa er in writing under paragraph (b) of tido esetloa, the gg g.as and s.r. M"W l at the NRC Pubec Desweest Room.1717 NRC she5 previde written notincetion I to the requester that indicates the H Street NW.Washkistem.DC 30555 I t.35 eneledasseneseredsteme m (i) Each record requested must be request has been received, the name of  ;

the individual and telephone number to (e) N beed of thd Nepens'.tde omce desenbod in sumceemt dessil to enable shad review agency vooards *.ucated in a l the Publ e Document Reem en locate the contact to find out the status of the request, and other pertinent mattere search under i 3.23(b) to determine record. lf the descripties of the record is whethat the agency records are exempt not sufficient to asew she public regarding the processing of the request, (4)(i)The NRC shau advise a from dieciosere under i 9.17(e). If the Document Room stadf enidentify the f requester that fees will be assessed if- head of the omco determines that.

record, the PubEc Deeweest Room shall l

~

k y,derel Regissee / Vol. 82. No 261 / hreday. December 31. tsar / Rules and Reguletione der

- i h to that Covernraest spacy for

• I**'8,ses*Pl ap ncy the diodoeurs of the,e,de wig set be sentrary to dispoortion or for goadance regerihne of l 3 el if the agoest le for a weiser e reduction of fees: and es N , nierest and wdl not effect the disposition.

.ny puson, the head of the le) N lowwortdag day parted for (3) A ste6ement thet the deniet may I appealed within 30 deye fmm the recer

,[c.autherise disclosure

,de,if the he d h of the response to e request for agency records of the dentallo the Exece#ve Discter provided in persysphe lek (bb and (c)

• q** ,,e d,soose,e ea.a of t e ofRce ege.cy a *ie soci.n -y be eueund ior for Operatione er to the Doctetwy of th

"rds, the heed of the omca shau unusual circumstenses se primded is Co.missio.. es e,,,e,,,a,s.

sh the agency records to the 1941- (c)The Director. Dvleton of Roles er ,f Director. Division of Rulu and Records, ff)la eeceptionalcircometences Recorde, shell metntela a espy of each

• be shau notify the mquester of the where is does not appear possible to letter ponting er dewytag requated complete armien en a requaet withis the agency reeerde or den a regeest fe get

-umen= eawseyhan-I h,erroination yg,,6 m provuled la perepaph in thePronded menest provided in in i SJ1. the Disecaer. Drvienen wahrw w rechs.enom.e eocer.eese w. C .

I*I d els wcaion.if, as a woult of the of Rules and Records.may seek am Comprehenstue Records Disposition e Schedde.

-g,;,cified ,e.d i,n pareyeph (a)of this e,smanns ont te.mquemar

.e ,es,o,.bi, d le aec ned - i e n. w

• b t. . set tre.

1

$ce finds that agency records should act upon the request. N NRC shall st. seer ne.e he denied in whole or in part. the head confirm the agreement for an estens6on (e) A ,, quester may a ashoei -

• f the omce wiu subaut that finding to of im in warung. denial of a Freedoes of non Act (3)if the NRC does not respood to a r, quest for egency recorde er a request

'h' Director. Division of Rules and rds. who will. ie consultation with mquest within the 1) working.dsF for waiver or reduction of fees under penod. or within the extended periode this subpart within 30 days of the date the mee of the Genere! Counsel make d the NRCs dental For syncy record

' independent determination whehr dnesibed in perayeph (e) of tirie he a n y records abould be denied la secum se reqaman may west skal denied by en OfBee Dirstser reporting

• hot or in art,if the Dimeter. Division delay es a decual request and the Emnettve Director for Opereirone r i

f Rules so Records, determines that iminedsetely appeal to the Esentrve for a deniel of a request for a waiver or '

D. rector for Opershone es proeidad in reduction of fees, the oppeel must be iri the a ncy mcords smaght are pampt writing end addressed to the Eaecutive imm d selosum sadesclosure of the 19 29(a) or eue in a district court se Direcsor fa Operations. U.S. Noclear records is cunirery to he public interest noted in i s.2sich and will adversely esed the rrghts of RegulatoryCommlesien Weehington.

gof pe,m eng sentent og ,,ap.n.,,, DC 20536 Por egency recorde denied b-any person. the Direcer. Divtwon of (a) When the NRC has located a en Office Director reporting to the Roles and Recortis shot not6h he requested agency record and has requester of the detenminstron in the Comnuesion, he Aaselset SecMary os i deermined to disclose the spacy es Canaissim er by he Adviewy inonner Pmvidedin l627. record, the Director. Division of Rules O (c) For esency resenhloested in the ***P***' 'N omce of a Conunismisser er in the Omre and Records. shad proraptly furnish b aPPest must be in wriths and addresee s agency record or ochfy the requester to the Secretary of the Commission Th of the Seentary of te Cosemission. the 3 Assistent Secntary of 6e Commission where and when the agency record wiD aPPeel should clearl siste on the ehell make the imneldetermination to be available for laspection and copying. !nveloPe and in the etter that it is an l The NRC will normally place copies og Appeal from InHiel POLA Decissore '

deny agency reconb b whole orin part egency records disclosed la response to ne NRC don nd considu en appal ender i 9.17(e)insiendof the Dimetor.

Division of Reles and Escords. Fo' Freedom ofInformation Act requesta in et k nd meded as Mcefed in ers egency reconis locesed b he Omce of the NRC Public Document Roorn and, for pareyeph as received oned it le actuelt ,

the GeneralCounmL te Genemi agency records relating to a e "8#"N ** E"""" U '' b nuclear power facility,in the albecific Opendes or Seemary d m"e Counsel eheD mehe es huitial Comm6une, Public Document Roos establiebed for determinaties to deny agency records in that facility.The NBC shou else advloe (b)N NRCshou enke detammeno L whole or h part humedef the Director, b requester of any applicable fees os any appeal mode wulst his neceos Division of Ruise sadtsosede. N ee Assistent Secretary sito Commisslee under 4 a.m. withis as wortring doye eher the ucmpi (b)When b NRCderdes ecosse to e of the appeet er the GeesselCommeddessumimme est regeested agency record er desdee a (c)(115 tlw 6ppeal of he deneel of et the esency sesendesmede ses enempt from A-4=-eadesttetrdiadosase request Ihr a wefver or redeceos of does. mgeestice agency monde le spheld in the Director.Dietelon efIhdee eng wheir er la part, the Ehecative Drrector is camerary to te pelas tussess and trGI Records, eball notify the reqoseter to . for Opereuono er en Beamenry of he odeureely egnet thed$se of any persen, wrfting. The denial heledes se r=-ad- r*J85 aash 6e aquester o l the AssistaatSeoussyof the Commission er heGemel Counsel app,,b,get the deniet m, .

1 (1) ,eeson fortw deaiek (9 Th' 8""I'a=== miled epos: l eheu furnidihet&ammsinesoe to the (a) A mie,enee to the specae (II) As expleaseen of how the Director. DIetsise aftase and Records, eussepHon onder to Pmedoes of exempsee opplies to the age who shall asefy tesupmehr ofIlw befonnettes Act and the Coeuelseles', wiebeid:and determtnetten h te ammmer provided in regelettons authortsing b W-c , (111)b reasons for esserting the [

i 3.27. of the opncy record or portions ofit:

(d)11 e requessedmused that is emmertion.

(3)The nose and title or position of (2)If en appeel the dental of a located le see of austerGeeernment each persee responalble for the denial of request for waiver er redoctice of fees agency or desh estashbd matter ever the aquest,incloding the head of the for locating and myroducing esency which an specy eenreme the NRC omce recosenending dentalof a recorti:

has excleeive a reseF m8poesMity. records le spheld in whole or en port. the (4) A statenent stating why the Esecutive Director for Operettans sheft the NRC shall pM safer the record request does not meet the regoiremante notify the person making the regeert of L________--_-_____-_--___---_--_

n. ._. . _ _ . - - _ _ _ . _ _ _ - _ _ _ _ _ _ _ _ _ _ _ __ _

49380 Fedirst Regist r / Vol. 52. No. 251 / "Ihursday. December 31. 1987 f Rules and Regulations his decision to sustain the denial. (blThe NRC may charge requestare paragraph (a)(1) of this section. plu*

l who request the followmg services for maihng or shipping chuses.

including a statement explaining why l the request does not meet the the direct costs of the service: (4) A requester may open an secount j i

requirements of l 8 41. (11 Certifying that records are trut with the duplicating service contractor copies: or A requester may obtain the name and (3l De Executive Director for Operations or Secretary of the (2) Sending records by special addrene and billing policy of the Commission shallinform the requester methods, such as empress mail, packese contractor from the NRC Public that the denial is a final agency action dehvery service. ete- Document Room' and that judicial review is available in a i s.34 Assosament of interoet ans see, 'n(5) th, section Any change in the costs specifie will become effective district court of the United States in the district in which the requester tesides or has a principal place of business,in (al ne NRC shall assou interest on $giately pending completion

• of the "I

which the agency recorda are situated. the fee amount billed starting on the 31st thie ni e a the new charsa. l day following the day on which the Th or in the District o(Columbia. billing was sent in accordance with (d) De Executive Director for that wil i the intenm j NRC's regulations set out in i 15.37 el p Operstions or Secretary of the Coenmission shall furnish copies of all this chapter. Interest is at the rete Prescribed in 21 U.S.C. 3717.

$riod g

e CommissionM hshallkbt com lete e g

appeels and written determinations on appeals to the Director. Division of (b) The NRC will use its debt charges within 15 working days from the Rules and Recorda, collection procedures under part 15 of beginning of the interim Penod.

this chapter for any overdue fees.

(b) The NRC shall assess the I t.s t astension et oms for respones. following charges for copies of records I e.as Dupaceeon fees.

talin unusual circumstances defined (e)(1) Charges for the duplication of to be duplicated by the NRC at locations in i s.13. the NRC may extend the time other then the NRC Public Document limite prescribed in 6 9.25 or i 9.29 by records made available under i 9.21 at Room located in Washington. DC or ot not snore than to working days. The the NRC Public Document Room.1717 H Street. NW., Washington. DC 20655 by local Public Ducument Rooms:

emiension may be made by wntten (1) Sites up to 3% x 14 Inches mede the duplicating service contractor are as potice le the person making the request on office copying machines-so.20 per follows:

to emplain the reasons for the extension page of copy; and (i) Sin cents per page for paper copy and indicate the date on which a (2) The charge for duplicating records determination is expected to be le Paper copy, eacept for engineering drawings and any other records larger other then those specified in paragraphs dispatched. (a) and (b)is computed on the basis of than 17 x 11 inches for which the (b) An extension of the time limits charges very as follows depending on NRC's direct costs.

pr,ecribed in il s.25 sad gJe may not the reproduction process that is used: (c)In compliance with the l'ederal enceed a comblaed total of to working (A) Xerographic process-St.50 per Advisory Committee Act.a requester doye per request. may purchase copies of transcripts of square foot for lary documents or 6s.33 Seeren, mtow, and erwW semts* engineering drawings (rendom size up to testimony in NRC Advisory Committee 8***- 24 inches in width and with variable proceedings. which are transenbed by a (a) The NRC charges fees for- length) reduced or full size: reporting firm under contreet with the (B) photographic process-37.00 per NRC directly from the reporting firm et (1) Search. duplication. and review.

square foot for large documents or the cost of reproduction as provided for when agency records are requested for engineering drewings (random size in the contract with the reporting firm. A commercial use: requester may also purchase transcnpts (2) Duplicatlas of agency records exceeding 24 inches in width up to a provided la excess of 100 pages when manimum size of 42 laches in length) full from the NRC at the cost of reproduction size only, as set out in paragraphs (a) and (b) of esency records are not sought for comroercial use and the request is mode (ii) Sin centa per pese for microform to this section.

by an educational er neecommercial paper copy, encept for engineering .(d) Copynghted meterial may not be scientific lastitution er a representative drawings and any other records larger reproduced in violetion of the copyright of the news media: than 17 a 11 inches for which the charp laws.

(3l Search and replication of esency is 91.25 per equare foot or 83.00 for a (e) Charges for the dupliceLion of NRC records la exones of lespegne for any reduced.sise peint (13 x 24 inches). records located in NRC Local Public I request not deswibed is peregraphs (a) (iii) One dollar per macrofiche to Document Rooms are aboos anota that microfiche.. the institutions maletaining the NRC (1)and(2)of thissections (iv) One doBar per aperture card to tacal Public Document Room collections (4)The diress esses of amerching foe assocy records.The NRC wiB assoas aperture card. establish. . ..

leseevenerbense records are (2) Self service, cola operated. 88

'**'*"8 laceled as a resulte search or when duplicating madiines are available at esency records that as leested as a the pDR for the use of the public. paper I'#I

'M ***'N b W M ..

The NRC shall charge die foDowing result of the search am met disclosed; to paper la stL10 per page, b4icrofoam to paper la go.10 per page on the reader hourly rates for search and review of and seency records by NRC personnel: j (5) Computer sestches which include pnnters. '

(3) A requester may submit mall. order (a) Clerical search, review, and the cost of operating the Centrol requests for contractor duplicauon of duplication at a salary rete that la Processing Unit for that perten of NRC records made by wnting to the equivalent to a CG-F. Step 5 plua 16 opereting time that le abrecdy attributable to searching for esency NRC Public Document Roorn. The percent fringe beneAta: .

charges for mail. order duplication of (b) Professional / managerial search.

records plus the operater/ programmer records are the same es those set out in review, and replication at a salary rate salary apportionable to the search.

i

• rederal Rett sur / Vol 5:. Nn. 231 / Thiersday, thember 31,19e7 / Rules and Regulations4336 i ge equis alent 13 a GC-13. $1cp $ excess of $250. the NRC may not begm

. , , ", is percent fringe benefits: and to process the request.

(7)lndicate if public access to c) senior esecutive or Commissioner if)If the NRC receives a new request information will be rovided free of rch, r, view, and duplication at a darse or provided for an eccess fee and determines that the requester has publication fee: and lary rate that is equivalent to an ES-3 failed to pay a fee charged within 30 (s) Desenbe any comewrcial or plee le percent innge benefits. days of receipt of the bill on a previous request the NRC may not accept the private interest the requester or any g sJe S*ars new request for processing until other party has in the agency records sought.

payment of the fuH amount owed on the (a) The N C shall search for a n pnot request. plus any applicable (c) De NRC will waive or reduce ie undu i9 n without further specific information l 't Eharges when esency records assessed as provided in I g.34.

e from the requester if. frosi information

[re not snught for comm tal use and '

the records are request y an educational or noncommercial scientific (s) W thin to working days of the receipt of NRC's notice that fees wdl b* record a h).8'Y determine that disclosure of the ca institution, or a representauve of the asseemed, the requester shall provide advance payment if required, notify the information in the a records is in l

news media. NRC in writing that the requester agrees the public interest becoues it is likely te (b)The NRC e ses r encY contnbute significantly to public to bear the estimated costs, or submit a

" understanding of the operations or Thoutha s for the first two hours * **iur r mduction of fue

• • gto g 4g- activities of the Government and is not  ;

of search for any request not sought for primanly in the commweialinternt of commercial use and not covered in f 9.4i peguests for waiver er reduceen of the mquate.

pstagraph (a) of this section. tooe. (d)In making a determination (c) The NRC shall duplicate agency (a)(1) ne NRC shall collect fees for regarding a request for a waiver or records requested under i 923(b) searching for, reviewing, and duplicating reduction of fees, the NRC shell without charge for the first 100 pages of agency records, except as provided in consider the following factors:

standard paper copies, or equivalent i 3.39. unless a requester submita a (1) How the subject of the requated pages in microfiche, computer, diska, request in writing for a waiver or agenty records concerne the operatior.s ,

etc if the requester is not a commercial. reduction of fees. To assure that there or activities of the Government:

use requester, will be no delayin the processing of 3

(2 How the disclosure of the (d) The NRC may not bill any Freedom ofInformation Act requests. Infor)mation la likely to contri requester for fees if the cost of collecting the request for a waiver or reduction of understanding of Covernment '

the fee would be equal to or greater than fees should be included in the initial operations or activities the fee lieelf. Freedom ofinformation Act request (3)If disclosure of the requested (e) The NRC may te requesta letter. Inforenstion la likely to contribute to in determining search duplication to (2)Each request for a wolver of Public understandtag:

1 I

. be provided without charge es provided reduction of fees siust be addressed to (4) If disclosure le likely to contribute !

in paragraphs (a)and(b)of this secuen.

the Director. Division of Rules and significantly to public understanding of ,

if the NRC finds a requester hee filed Records. Office of Administration and Government operations or activities:

multiple requests for only portions of an Resources hianagement. U.S. Nuclear (8)lf, and the entent to wiuch. the agency record or sisiilar agency records Regulator DC sosas,y Conunlesion. Weahington, requester has a comeneretal Interest that for the purpose of avo6 ding charges.

would be furthered by the disclosure of g 9.se Asseeenese et het (b) A person requesting the NRC to the requested agency records: and waive or reduce search review, or (8)If the magnitude of the identilled '

(a)If the request is espected to duplicauon fees shalt:

require the NRC to seeses fees in excess comenercial laterest of the requester is of $2s for search and/or replication, the (1) Desenbe the purpose for which the sufficiently large. In comportson with NRC shau metafy the requester that fees requester intends to vee the requested the public interest le disclosure. that information: discloswe is primarily la the commercia will be eseessed unless the requester (g) Explain the essent to which the has indiceled in advenes his er her interest of the regoester.

requester will extract and analyse the (e)If the wrtetes regesat for a waiver willingness to pay fees se high as substantive consest of the agency estimated.

record; er reduction of fees dose est meet the (b)in the netlRoseen.6e NRC s'nell requirements of oble sessise. 6e NRC (3)Doestbe the nature of the specific wGIinform the regosseer het the leclude the endmated east of search fees activity or research la which1be and the natureof en esmah required regeest for wolver er reductkin of fees is records wGI be used and tho'  : botes glenied and est fore she appeal and estimated esse of espuesties fees, (c)The NRC wGl esseurege requestore qualifications the requester penseesse tor - a $te under i s.as to the requester <

utdias laformaties for the intended see to diseems with to MCto possibGity le such a way that it wiB contribute to iw pmenemig of mguests hr a usint of the sospe of to request public undere ermdussenethen, with the of redseles te oest while (4) Desotbe the t on the (a)Within to working days aller retalning the requestern original public's understanding the subject as objection, receipt of a request for ecomes to agency cosepared to the level of understanding records for which the NRC agrees le (d)If the feeis deterutsed to be in of the subject existing prior to waive fece under i s.as(e) through (dl er excess of Base thelacshau require en disclosure: I g.41(c), the NitC shau respond to the advance permeet.

(S) Desenbe the elas and nature of the request as provided in I g.31.

(e) Unless a requester has agreed to public to whose understanding a (b)la making a request for a wolver or pay the estimated Isas er, as provided contribution will be made: reduction of fees, a requestar shau for in paragroph (d) of this section. Il*e (6) Ducnbe the intended means of requester has paid an eenmated fu in provide the information required by dinemination to the general public: IC.41(b).

', 49362 Federal Register / Vcl. 52. No. 251 / Thursday. Dscsmber 31. 1987 / Rules and Regulations (c) After receipt of a request for the make them available for review. Fees wm es or+ eduction of fees made in eussssany: ne NRC is amending its established pursuant to 31 U.S.C. 483c accordance with I 9.41 the NRC shall regulations to codify the obligations of and 5 U.S.C. 552n(f)(5) shall be charged licensees and applicants for licenses to

"'her waive or reduce the fees and according to the schedule contained in fy the requester of the NRC's intent provide the Commission with complete i 9.35 of this part for actual copies of romptly provide the agency records records requested by individuals, and accurate informahon. to maintain ur deny the request and provide a accurate records and to provide for pursuant to the Privacy Act of 1974, disclosure of information identified by statement to the requester explaining unless the Director. Divisico of Rules why the request does not meet the licensees as signincent for 16 canned and Records, waives h fu because of activities. Die action re emphaetzes the requirements of I 9.41(bl. the inability of the ladividual to pay or (d) As provided in i 9.29. a requester NRC's need to receive complete.

because making the records available accurate, and timely coanuaications may appeal a denial of a request to waive or redece fees within 30 days to without cost. or at a reduction in cost. la from its licensees and license applicants otherwise in the public interest.  ;

mecu me Ope e no  !! the NRC is to fulRilit statetory l

11. Section 9.100 is revised to reed as NSPesmes. la addWm, se 9 9.48 Annumireport to Congrees, foHows. Commesion is revimag its Enforcement (a) On or before Mands 1 of each 'I " " * * " " '

calender year, the Chairman of the NRC l ease seepeetsumpart. Sprecma sam February 1.19es.

will submit a report meenne the his subpart prescribes procedures peeceding calender year to the Speaker Post Pus Tessa esponssations coortAct:

persuant to which NRC meetings shall Mary E. Wagner. Office of the General of the House of Representatives and t e open to public observation pursuant President of the Senate for referral to Counsel. U.S. Nuclear Regulatory to the provisions of S USC. 552b.This Commission. Washington, DC 20555, the appro Congress.priate subpart does not effect the procedures De reportcommittees includeo-- of the pursuent to which NRC records are Telephone- (301) 4a2-1883.

(1)De aussbeeof determmanons made available to the public for sessaarramy esponsnariose made by the NRC to deny requests for inspection and copying which remain I. Background recoeds made to the NRC under this part govemed by Subpart A. except that the and the reasons for each determmation: exemptions set forth in i 9.104(a) shall On March it.1987, the Nuclear i (2) De number of appeals made by -

egu persons under i 9.23. the wounts of the govern in the case of any request made Canen WM in se pursuant to I 9.23 to copy or inspect the Federal Register (52 FR 7413) a proposed appeals, and the reason for the action rule to codify an applicant a and taken on each appeal that resulta in a transcripts, recordings. or minutes l denial ofinformation: described in i 9.105. Access to records hcensee s oMeena to ensum me considered at NRC reeenngs shall comp leteness and occuracy ofits (31 %e names and titles or positions  ;

of each person responsible for the denial continue to be governed by Subpart A of communications with the Commission. '

• *ecords requested under this section' this rt' to maintain accurate records and to the number of instances of 12. n l S.200 paragraph (b)is revised "P'" " * "I " *" " I '"

<icipation for each: I* "*d as fall **8', by the opphcant or licensee as having a sigmncent implication for the public (el The reenits of each proceeding heelth and safety or common defense conducted pursuant to 8 U.S.C. I a.aeo seepe et sumpart.

. . . . . and secunty.

552(a)(4)(F). Including a report of the disciplinary action taken against the (b)For purposes of this subpart, the As discussed in the statement of officer or employee who was primarily im "emP oyee l of the NRC includes au consideranons that accompanied the responsible for improperly withholding NRC personnel as that term is defined in proposed rule. accursey and I 9.3 of this part. including NRC forthrightness in coeununications to the records or en explansuon of why l disciphnery action was not taken: **"I'* C'" NRC by licensees and applicants for (5) A copy of every rule the NRC * * * *

• licenses are essentialif the NRCis to published e5ecting this pert: fulfill its responsibilities to ensure tha t (e) A copy of the fee schedule and the Deted at Washington. DC, this 23rd day of utilization of radioactive material and December 1987. the operanon of nuclear facilities are total amount of fees collected by the For the Nuclear Regulatory Commission. consistent with the health and safety of NRC for = lamy recorda aveslebte under this pert: end the public and the common defense and SamusilalEL (7) Any otherindbrimetion that Secretary o/she Commimon. secunty. Several provisions of the indicates eSerts te administer fuDy the Atomic Energy Act highlight the (f1t Doc. sf-assot Filed t2-30-e7; e 45 ami importance of accurate information.

Provisions of 5 t1&C. 552. seams ones m.as (b) De NRC sheD make a copy of Section les provides thet:

each report submitted to the Congress Any license swy be revoked for any matenal false stateswat in the oppbcauon or la le pub ic ins copying in the NRC Public Document 10 CFR PeHe 2,30,40,50,54,60 H.

70,71,72,110 and 150 gQ .* f M d W # #

• Room. g

10. Section 9.85 is revised to read as Comphes and Acewscy W & Conunission enay at any w ak N I000 " 8. Intermetton Cling of the onginal apphcation and before the esperation of the hcense, require further i t 85 Fees. AosJocy: Nuclear Regulatory """'" **'" '" "' der s ena ble rhe Fees shall not be charged for search Commission. '

for or review of records requested fpp"[*$'7,",[",d jd'$ r denied or

• suant to this subpart or for making acTeose Final rule and statement of whether a hcense should be modified or "es or extracts of records in order to Poj4 revoked All appbcatmas and statements shall be signed by the appl. cent or facensee.

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