[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Notices]
[Pages 56974-56975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28373]
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NUCLEAR REGULATORY COMMISSION
NRC Requirements Regarding Mandatory Review for Declassification
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice announcing updates to NRC's Mandatory Review for
Declassification requirements.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is updating its
requirements regarding Mandatory Review for Declassification Pursuant
to Section 3.6 of Executive Order (E.O.) 12958, ``Classified National
Security Information.'' This action is necessary to inform the public
of these updates. This notice also presents instructions for submitting
suggestions or questions regarding NRC's information security program.
FOR FURTHER INFORMATION CONTACT: A. Lynn Silvious, Chief, Information
Security Branch, Division of Security, Office of Administration, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:
(301) 415-2214.
SUPPLEMENTARY INFORMATION: Pursuant to E.O. 12958 published April 20,
1995 (60 FR 12925) and its implementing directive, the NRC is updating
its mandatory review for declassification to read as follows:
I. Mandatory Review for Declassification Requirements
A. NRC information classified under E.O. 12958 or predecessor
orders shall be subject to a mandatory review for declassification by
NRC, whenever:
1. The request is made by a United States citizen, permanent
resident alien, Federal, State, or local government;
[[Page 56975]]
2. The information is not exempted from search and review under the
Central Intelligence Agency Information Act;
3. The information has not been reviewed for declassification
within the past 2 years; and
4. The request describes the document or material containing the
information with sufficient specificity to enable NRC to locate it with
a reasonable amount of effort.
B. Any person desiring a mandatory review for declassification of
NRC documents containing classified information should address these
requests to the Director, Division of Security, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. Requests need not be made on any
special form, nor does the requested information have to be identified
by date or title, but shall, as specified in the E.O., describe the
information with sufficient specificity to enable NRC to locate the
records containing the requested information with a reasonable amount
of effort.
C. The Director, Division of Security, will acknowledge receipt of
the request and initiate action to obtain the requested information.
D. Responses to mandatory declassification review requests shall be
governed by the amount of time required to process the request.
1. A prompt declassification determination will be made and the
requester notified accordingly. If a prompt declassification
determination cannot be made, the Director, Division of Security, will
advise the requester of the additional time needed to process the
request.
2. A final determination shall be made on each request within 180
days from the date of receipt, except in unusual circumstances, in
which case the Director, Division of Security, will advise the
requester of the additional time required.
3. If the NRC has reviewed the information within the past 2 years,
or the information is subject of pending litigation, NRC shall inform
the requester of this fact and of the requester's appeal rights.
E. When information cannot be declassified in its entirety, effort
will be made to release, consistent with other applicable law, those
declassified portions of the requested information that constitute a
coherent segment.
F. Upon the denial of an initial request, the Director, Division of
Security, will notify the requester of his/her rights to appeal the
denial to the Executive Director for Operations (EDO). The appeal shall
be in writing, addressed to the EDO, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, and shall specify why the
requester believes the information or material does not warrant
classification. This appeal must be filed within 60 days of receipt of
the denial.
G. The EDO will normally render a decision on the matter within 60
working days following receipt of the appeal. The EDO will notify the
requester in writing of the final decision and of the reason(s) for any
denial. If additional time is required in rendering a decision, the EDO
will notify the requester of the additional time needed and the reason
for the extension. If the appeal has been denied, the EDO shall notify
the requester in writing of the right to appeal the final NRC decision
to the Interagency Security Classification Appeals Panel (ISCAP). The
rules and procedures for bringing mandatory declassification appeals
before the ISCAP are published in the March 15, 1996; 61 FR 10854,
Federal Register. The appeal to the ISCAP must be filed within 60 days
of:
1. The date of the final NRC decision;
2. The NRC's failure to notify requester of the status of the
classification challenge within 120 days of its filing; or
3. The NRC's failure to notify requester of the status of the
appeal within 90 days of the filing of the appeal.
H. If the ISCAP reverses a final NRC decision, NRC may petition the
President within 60 days of receipt of an ISCAP decision through the
Assistant to the President for National Security Affairs to overrule
the decision of the ISCAP.
I. If the NRC receives a mandatory review request for
declassification of records in its possession that were originated by
another agency, the NRC shall forward the request, a copy of the
records requested and its recommendation for action to that agency for
processing in accordance with that agency's mandatory review
procedures. In those instances where the originating agency does not
want their identity disclosed or the existence or nonexistence of the
requested information is itself classifiable under the provisions of
the E.O., NRC will advise the requester accordingly.
J. Except as provided in Paragraphs 1, 2, and 3 below, a mandatory
review for declassification request for classified records in NRC's
possession which contain foreign government information shall be
processed in accordance with the provisions of this section.
1. If the NRC initially received or classified the foreign
government information, the NRC shall be responsible for making a
declassification determination after consultation with concerned
governments/agencies.
2. If the NRC did not initially receive or classify the foreign
government information, the NRC shall refer the request to the agency
that received or classified the foreign government information for
appropriate action.
3. Consultation with the foreign originator through appropriate
channels may be necessary before final action on the request.
K. If the NRC receives a mandatory review request for
declassification of records in its possession that pertain to
cryptologic information or information concerning intelligence
activities (including special activities) or intelligence sources or
methods, it shall be processed solely in accordance with special
procedures issued by the Secretary of Defense and the Director of
Central Intelligence, respectively.
L. Charges for services (e.g., locating and reproducing copies of
records) will be made, when deemed applicable, in accordance with NRC
regulations and will be consistent with charges for information
requested under section 9701 of title 31, United States Code and the
NRC's regulations implementing the Freedom of Information Act (10 CFR
9.35--Duplication Fees), or the Privacy Act (10 CFR 9.85--Fees).
II. Instructions for Submitting Suggestions or Questions Regarding
NRC's Information Security Program
Requirements regarding the NRC's Information Security Program are
contained in NRC Management Directive 12, ``Security.'' Copies of
individual sections of Management Directive 12 are available for review
and copying for a fee, at the NRC'S Public Document Room, 2120 L
Street, NW, Lower Level, Washington, DC 20555-0001. Suggestions or
questions regarding NRC's Information Security Program should be
submitted in writing to the U.S. Nuclear Regulatory Commission,
Director, Division of Security, Washington, DC 20555-0001.
Dated at Rockville, Maryland, this 28th day of October 1996.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-28373 Filed 11-4-96; 8:45 am]
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