[Federal Register: November 16, 2004 (Volume 69, Number 220)]
[Proposed Rules]               
[Page 67070]
                        

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Proposed Rules
                                                Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 67070]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 30, 40, 50, 52, 63, 70, 72, 73, 76, and 150

RIN 3150-AH57

 
Protection of Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Availability of draft proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is making available 
draft proposed rule language for amendments to 10 CFR part 73, 
``Physical Protection of Plants and Materials,'' to provide for further 
protection of Safeguards Information (SGI). The draft proposed rule 
also contains draft conforming changes to 10 CFR parts 2, 30, 40, 50, 
52, 63, 70, 72, 76, and 150. The NRC is proposing to amend its 
regulations in part 73 for the protection of SGI to be consistent with 
recent Commission practices reflected in Orders and Threat Advisories 
issued since September 11, 2001, and to provide the flexibility 
afforded the Commission for the protection of such information by the 
Atomic Energy Act of 1954, as amended (AEA). The proposed amendments 
would affect licensees, information, and materials not currently 
specified in the regulations, but are within the scope of the AEA. The 
proposed amendments are intended to protect SGI from inadvertent 
release and unauthorized disclosure which might compromise the security 
of nuclear facilities and materials. The availability of the draft rule 
language is intended to inform stakeholders of the current status of 
the NRC's activities, but the NRC is not soliciting formal public 
comments on the information at this time.

DATES: There will be an opportunity for public comment when the notice 
of proposed rulemaking is published in the Federal Register.

ADDRESSES: The draft rule language can be viewed and downloaded 
electronically via the NRC's rulemaking Web site at http://ruleforum.llnl.gov.
 Along with any publicly available documents related 
to this rulemaking, the draft information may be viewed electronically 
on public computers in the NRC Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, Room 
O-1 F21, and open to the public on Federal workdays from 7:45 a.m. 
until 4:15 p.m. The PDR reproduction contractor will make copies of 
documents for a fee.

FOR FURTHER INFORMATION CONTACT: Marjorie Rothschild, Division of 
Rulemaking & Fuel Cycle, Office of General Counsel, U.S. Nuclear 
Regulatory Commission, Rockville, MD 20555-001, telephone: (301) 415-
1633, e-mail [email protected] or Bernard Stapleton, Office of Nuclear 
Security and Incident Response, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-001, telephone (301) 415-2432, e-mail 
[email protected]


SUPPLEMENTARY INFORMATION: In a staff requirements memorandum of June 
18, 2004, the Commission directed the Office of the General Counsel 
(OGC) to expedite rulemaking to develop, in consultation with the NRC 
staff, amendments to modify 10 CFR part 73 regarding protection of 
Safeguards Information. The SRM further directed that the amendments 
are to utilize the flexibility of section 147 of the Atomic Energy Act 
and are to be consistent with the practices of the Commission in 
various Orders and Advisories issued since September 11, 2001. The 
proposed amendments would affect licensees, information, and materials 
not currently specified in the regulations, but are within the scope of 
the AEA. The proposed amendments are intended to protect SGI from 
inadvertent release and unauthorized disclosure which might compromise 
the security of nuclear facilities and materials.
    The NRC is making a preliminary version of the draft proposed rule 
language available to inform stakeholders of the current status of this 
10 CFR part 73 proposed rulemaking. This draft rule language may be 
subject to significant revisions during the rulemaking process. To meet 
the Commission's schedule, the NRC is not soliciting early public 
comments on this draft rule language. No stakeholder requests for a 
comment period will be granted at this stage in the rulemaking process. 
Stakeholders will have an opportunity to comment on the rule language 
when it is published as a proposed rule.
    The NRC's draft proposed rule, including early draft rule language, 
will be posted on the NRC's rulemaking Web site at http://ruleforum.llnl.gov.
 The NRC may post updates to the draft proposed rule 
language on the rulemaking Web site.

    Dated at Rockville, Maryland, this 9th day of November, 2004.

    For the Nuclear Regulatory Commission.
E. Neil Jensen,
Acting Assistant General Counsel, Division of Rulemaking & Fuel Cycle, 
Office of the General Counsel.
[FR Doc. 04-25359 Filed 11-15-04; 8:45 am]

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