10 CFR Parrts 2, 30, 40, 50, 52, 60,
63, 70, 71, 72, 73, 76 and 150. Protection of Safeguards
Information, Final Rule The Nuclear Regulatory Commission (NRC) is
amending its regulations for the protection of Safeguards
Information (SGI) to protect SGI from inadvertent release and
unauthorized disclosure which might compromise the security of
nuclear facilities and materials. The amendments modify the
requirements for the protection of SGI with respect to persons,
information, and materials subject to the regulations, as well as
those that are not. These amendments are within the scope of
Commission authority under the Atomic Energy Act of 1954, as
amended (AEA). The NRC published a proposed rule on SGI on February
11, 2005 (70 FR 7196), and published a revised proposed rule on
October 31, 2006 (71 FR 64004), to allow for public comment on
changes to the proposed rule text made for the following reasons:
(1) in response to public comments, (2) to reflect amendments to
the AEA in the Energy Policy Act of 2005 (EPAct), and (3) to
reflect Commission Orders issued to licensees authorized to possess
and transfer items containing certain quantities of radioactive
material. The NRC is now publishing this final rule, in which the
NRC is responding to the comments that have been received and is
making appropriate changes to the text of the revised proposed
rule.
NRC is revising 10 CFR 73.21
and to add sections 73.22 and 73.23 to protect safeguards
information (SGI) from inadvertent release and unauthorized
distribution which might compromise the security of nuclear
facilities and materials. Changes in the threat environment have
revealed the need to protect as SGI additional types of security
information held by a broader group of persons, including
licensees, applicants, vendors, and certificate holders. The
regulations in effect prior to this rule did not specify all of the
types of information that could be designated as SGI and are now
recognized to be significant to the public health and safety or the
common defense and security. The unauthorized release of this
information could result in harm to the public health and safety
and the Nation's common defense and security, as well as damage to
the Nation's critical infrastructure, including nuclear power
plants and other facilities and materials licensed and regulated by
the NRC or Agreement States. Since September 11, 2001, the NRC has
issued orders that have increased the number of licensees whose
security measures will be protected as SGI and added types of
security information considered to be SGI. Orders have been issued
to power reactor licensees, fuel cycle facility licensees, certain
source material licensees, and certain byproduct material
licensees. Some of the orders expanded the types of information to
be protected by licensees who already have an SGI protection
program, such as nuclear power reactor licensees. Other orders were
issued to licensees that have not previously been subject to SGI
protection requirements in the regulations, such as certain
licensees authorized to manufacture or initially transfer items
containing radioactive material. Some orders imposed a new
designation: Safeguards Information-Modified Handling (SGI-M).
SGI-M refers to SGI with handling requirements that are modified
somewhat due to the lower risk posed by unauthorized disclosure of
the information. The SGI-M protection requirements apply to certain
security-related information regarding quantities of source,
byproduct, and special nuclear materials for which the harm caused
by unauthorized disclosure of information would be less than that
for other SGI. Some of the requirements imposed by orders that have
increased the types of information to be considered SGI are not
covered by the current regulations. Although new SGI requirements
could continue to be imposed through the issuance of orders, the
regulations would not reflect current Commission SGI policy and/or
requirements.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
10CFR73EnvironmentAssessmentFR.wpd
10 CFR 73, Physical Protection of Plants and Materials