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Federal Register / Vol. 70, No.

186 / Tuesday, September 27, 2005 / Notices 56509

made a final determination that the support of dry cask loading operations issued in accordance with the Atomic
amendment involves no significant in the spent fuel pool. The amendment Energy Act of 1954 and 10 CFR Part 36
hazards consideration, if a hearing is ensures subcritical conditions are or comparable Agreement State
requested, it will not stay the maintained in the spent fuel pool during regulations by the U.S. Nuclear
effectiveness of the amendment. Any dry cask loading operations by relying Regulatory Commission (NRC or
hearing held would take place while the on realistically conservative fuel burnup Commission) or an Agreement State
amendment is in effect. credit. authorizing possession of greater than
A request for a hearing or a petition Date of issuance: September 6, 2005. 370 terabecquerels (10,000 curies) of
for leave to intervene must be filed by: Effective date: As of the date of
byproduct material in the form of sealed
(1) First class mail addressed to the issuance to be implemented within 30
days from the date of issuance. sources either in panoramic irradiators
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory Amendment No.: 261. that have dry or wet storage of the
Commission, Washington, DC 20555– Facility Operating License No. NPF–6: sealed sources or in underwater
0001, Attention: Rulemaking and Amendment revised the Technical irradiators in which both the source and
Adjudications Staff; (2) courier, express Specifications. the product being irradiated are under
mail, and expedited delivery services: Public comments requested as to water. Commission regulations at 10
Office of the Secretary, Sixteenth Floor, proposed no significant hazards CFR 20.1801 or equivalent Agreement
One White Flint North, 11555 Rockville consideration (NSHC): Yes (70 FR State regulations, require Licensees to
Pike, Rockville, Maryland 20852, 48196, published August 16, 2005). The secure, from unauthorized removal or
Attention: Rulemaking and notice provided an opportunity to access, licensed materials that are stored
Adjudications Staff; (3) E-mail submit comments on the Commission’s in controlled or unrestricted areas.
addressed to the Office of the Secretary, proposed NSHC determination. No Commission regulations at 10 CFR
U.S. Nuclear Regulatory Commission, comments have been received. The 20.1802 or equivalent Agreement States
HearingDocket@nrc.gov; or (4) facsimile notice also provided an opportunity to regulations, require Licensees to control
transmission addressed to the Office of request a hearing by November 4, 2005, and maintain constant surveillance of
the Secretary, U.S. Nuclear Regulatory but indicated that if the Commission licensed material that is in a controlled
Commission, Washington, DC, makes a final NSHC determination, any or unrestricted area and that is not in
Attention: Rulemakings and such hearing would take place after
storage.
Adjudications Staff at (301) 415–1101, issuance of the amendment.
verification number is (301) 415–1966. The Commission’s related evaluation II
A copy of the request for hearing and of the amendment, finding of exigent
petition for leave to intervene should circumstances, state consultation, and On September 11, 2001, terrorists
also be sent to the Office of the General final NSHC determination are contained simultaneously attacked targets in New
Counsel, U.S. Nuclear Regulatory in a safety evaluation dated September York, N.Y., and Washington, DC,
Commission, Washington, DC 20555– 6, 2005. utilizing large commercial aircraft as
0001, and it is requested that copies be Attorney for licensee: Winston & weapons. In response to the attacks and
transmitted either by means of facsimile Strawn, 1700 K Street, NW., intelligence information subsequently
transmission to (301) 415–3725 or by e- Washington, DC 20006–3817. obtained, the Commission issued a
mail to OGCMailCenter@nrc.gov. A copy NRC Section Chief: David Terao. number of Safeguards and Threat
of the request for hearing and petition Dated at Rockville, Maryland, this 16th day Advisories to its Licensees in order to
for leave to intervene should also be of September 2005. strengthen Licensees’ capabilities and
sent to the attorney for the licensee. For the Nuclear Regulatory Commission. readiness to respond to a potential
Nontimely requests and/or petitions Ledyard B. Marsh, attack on a nuclear facility. The
and contentions will not be entertained Director, Division of Licensing Project Commission has also communicated
absent a determination by the Management, Office of Nuclear Reactor with other Federal, State and local
Commission or the presiding officer or Regulation. government agencies and industry
the Atomic Safety and Licensing Board [FR Doc. 05–19028 Filed 9–26–05; 8:45 am] representatives to discuss and evaluate
that the petition, request and/or the BILLING CODE 7590–01–P the current threat environment in order
contentions should be granted based on
to assess the adequacy of security
a balancing of the factors specified in 10
CFR 2.309(a)(1)(i)–(viii). measures at licensed facilities. In
NUCLEAR REGULATORY
COMMISSION addition, the Commission has been
Energy Operations, Inc., Docket No. 50– conducting a review of its safeguards
368, Arkansas Nuclear One, Unit No. 2, In the Matter of Certain Panoramic and and security programs and
Pope County, Arkansas Underwater Irradiators Authorized to requirements.
Date of amendment request: July 21, Possess Greater than 370 As a result of its consideration of
2005, as supplemented by letters dated Terabecquerels (10,000 Curies) of current safeguards and license
August 4 and August 26, 2005. The Byproduct Material in the Form of requirements, as well as a review of
supplemental letters provided Sealed Sources, and All Other Persons information provided by the intelligence
additional information that clarified the Who Obtain Safeguards Information community, the Commission has
application, did not expand the scope of Described Herein; Order Imposing determined that certain compensatory
the application as originally noticed, Compensatory Measures and
measures are required to be
and did not change the staff’s original Requirements for the Protection of
implemented by Licensees as prudent
proposed no significant hazards Certain Safeguards Information
consideration determination as (Effective Immediately) measures to address the current threat
published in the Federal Register. environment. Therefore, the
Description of amendment request: To I Commission is imposing the
incorporate new Arkansas Nuclear One, The Licensees identified in requirements, as set forth in Attachment
Unit 2, Technical Specifications in Attachment 1 to this Order hold licenses 2, on all Licensees identified in

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56510 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Notices

Attachment 1 of this Order 1 who not a licensee or applicant of the while in transit; inspections, audits and
currently possess, or have near term Commission, who produces, receives, or evaluations; correspondence containing
plans to possess, greater than 370 acquires Safeguards Information. safeguards information; access to
terabecquerels (10,000 curies) of Licensees, and all persons who produce, safeguards information; preparation,
byproduct material in the form of sealed receive, or acquire Safeguards marking, reproduction and destruction
sources. These requirements, which Information, must ensure proper of documents; external transmission of
supplement existing regulatory handling and protection of safeguards documents; use of automatic data
requirements, will provide the information to avoid unauthorized processing systems; and removal of the
Commission with reasonable assurance disclosure in accordance with the Safeguards Information category.
that the public health and safety and specific requirements for the protection In order to provide assurance that the
common defense and security continue of safeguards information contained in Licensees are implementing prudent
to be adequately protected in the current Attachment 3. The Commission hereby measures to achieve a consistent level of
threat environment. These requirements provides notice that it intends to treat protection to address the current threat
will remain in effect until the all violations of the requirements environment, all Licensees identified in
Commission determines otherwise. contained in Attachment 3, applicable Attachment 1 to this Order shall
The Commission recognizes that to the handling and unauthorized implement the requirements identified
Licensees may have already initiated disclosure of safeguards information as in Attachment 2 to this Order. In
many measures set forth in Attachment serious breaches of adequate protection addition, pursuant to 10 CFR 2.202, I
2 to this Order in response to previously of the public health and safety and the find that in light of the common defense
issued advisories or on their own. It is common defense and security of the and security matters identified above,
also recognized that some measures may United States. Access to safeguards which warrant the issuance of this
not be possible or necessary at some information is limited to those persons Order, the public health, safety and
sites, or may need to be tailored to who have established the need to know interest require that this Order be
accommodate the Licensees’ specific the information, and are considered to effective immediately.
circumstances to achieve the intended be trustworthy and reliable. A need to III
objectives and avoid any unforeseen know means a determination by a
person having responsibility for Accordingly, pursuant to Sections 81,
effect on the safe use and storage of the
protecting Safeguards Information that a 161b, 161i, 161o, 182 and 186 of the
sealed sources.
proposed recipient’s access to Atomic Energy Act of 1954, as amended,
Although the additional security
Safeguards Information is necessary in and the Commission’s regulations in 10
measures implemented by the Licensees
the performance of official, contractual, CFR 2.202, 10 CFR Part 30, and 10 CFR
in response to the Safeguards and
or licensee duties of employment. Part 36, it is hereby ordered, effective
Threat Advisories have been adequate to immediately, that all licensees
provide reasonable assurance of Licensees and all other persons who
obtain Safeguards Information must identified in Attachment 1 to this Order,
adequate protection of public health and and all other persons who produce,
safety, the Commission concludes that ensure that they develop, maintain and
implement strict policies and receive, or acquire the compensatory
the security measures must be embodied measures identified in Attachment 2 or
in an Order consistent with the procedures for the proper handling and
unauthorized disclosure of safeguards any related safeguards information,
established regulatory framework. The shall comply with the requirements in
security measures contained in information in accordance with the
requirements in Attachment 3. All Attachment 3. In addition, all licensees
Attachment 2 of this Order contain identified in Attachment 1 to this Order
safeguards information and will not be licensees must ensure that all
contractors whose employees may have shall comply with the requirements of
released to the public. The Commission this Order as follows:
has broad statutory authority to protect access to safeguards information either
adhere to the licensee’s policies and A. The licensees shall,
and prohibit the unauthorized notwithstanding the provisions of any
disclosure of safeguards information. procedures on safeguards information or
develop, maintain and implement their Commission or Agreement State
Section 147 of the Atomic Energy Act of regulation or license to the contrary,
1954, as amended, grants the own acceptable policies and procedures,
but the licensees remain responsible for comply with the requirements described
Commission explicit authority to ‘‘issue in Attachment 2 to this Order. The
such orders, as necessary to prohibit the the conduct of their contractors. The
policies and procedures necessary to licensee shall immediately start
unauthorized disclosure of safeguards implementation of the requirements in
information * * *’’ This authority ensure compliance with applicable
requirements contained in Attachment 3 Attachment 2 to the Order and shall
extends to information concerning complete implementation by March 16,
special nuclear material, source must address, at a minimum, the
following: the general performance 2006, or the first day that greater than
material, and byproduct material, as 370 terabecquerels (10,000 curies) of
well as production and utilization requirement that each person who
produces, receives, or acquires byproduct material in the form of sealed
facilities. sources is possessed, which ever is later.
This Order imposes requirements for Safeguards Information shall ensure that
B. 1.The Licensee shall, within
the protection of Safeguards Information Safeguards Information is protected
twenty-five (25) days of the date of this
in the hands of any person 2 whether or against unauthorized disclosure;
Order, notify the Commission, (1) if it is
protection of safeguards information at
unable to comply with any of the
1 Attachment 1 contains sensitive information fixed sites, in use and in storage, and
requirements described in Attachment
and Attachment 2 contains SAFEGUARDS
INFORMATION and will not be released to the Department specified in section 202 of the Energy
2, (2) if compliance with any of the
public. Reorganization Act of 1974 (88 Stat. 1244), any requirements is unnecessary in its
2 Person means (1) any individual, corporation, State or any political subdivision of, or any political specific circumstances, or (3) if
partnership, firm, association, trust, estate, public entity within a State, any foreign government or implementation of any of the
or private institution, group, government agency nation or any political subdivision of any such
other than the Commission or the Department, government or nation, or other entity; and (2) any
requirements would cause the Licensee
except that the Department shall be considered a legal successor, representative, agent, or agency of to be in violation of the provisions of
person with respect to those facilities of the the foregoing. any Commission or Agreement State

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Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Notices 56511

regulation or its license. The submit an answer to this Order, and including the need for immediate
notification shall provide the Licensee’s may request a hearing on this Order, effectiveness, is not based on adequate
justification for seeking relief from or within twenty-five (25) days of the date evidence but on mere suspicion,
variation of any specific requirement. of this Order. Where good cause is unfounded allegations, or error.
B.1. If the Licensee considers that shown, consideration will be given to In the absence of any request for
implementation of any of the extending the time to request a hearing. hearing, or written approval of an
requirements described in Attachment 2 A request for extension of time in which extension of time in which to request a
to this Order would adversely impact to submit an answer or request a hearing hearing, the provisions specified in
safe operation of the facility, the must be made in writing to the Director, Section III above shall be final twenty-
Licensee must notify the Commission, Office of Nuclear Material Safety and five (25) days from the date of this Order
within twenty-five (25) days of this Safeguards, U.S. Nuclear Regulatory without further order or proceedings. If
Order, of the adverse safety impact, the Commission, Washington, DC 20555, an extension of time for requesting a
basis for its determination that the and include a statement of good cause hearing has been approved, the
requirement has an adverse safety for the extension. The answer may provisions specified in Section III shall
impact, and either a proposal for consent to this Order. Unless the answer be final when the extension expires if a
achieving the same objectives specified consents to this Order, the answer shall, hearing request has not been received.
in the Attachment 2 requirement in in writing and under oath or An answer or a request for hearing shall
question, or a schedule for modifying affirmation, specifically set forth the not stay the immediate effectiveness of
the facility to address the adverse safety matters of fact and law on which the this Order.
condition. If neither approach is Licensee or other person adversely Dated this 16th day of September, 2005.
appropriate, the Licensee must affected relies and the reasons as to why
For the Nuclear Regulatory Commission
supplement its response to Condition the Order should not have been issued.
Any answer or request for a hearing Margaret V. Federline,
B.1 of this Order to identify the
condition as a requirement with which shall be submitted to the Secretary, Acting Director, Office of Nuclear Material
Office of the Secretary of the Safety and Safeguards.
it cannot comply, with attendant
justifications as required in Condition Commission, U.S. Nuclear Regulatory Attachment 3—Modified Handling
B.1. Commission, ATTN: Rulemakings and Requirements for the Protection of
C. 1. The Licensee shall, within Adjudications Staff, Washington, DC Certain Safeguards Information (SGI–
twenty-five (25) days of the date of this 20555. Copies also shall be sent to the M)
Order, submit to the Commission a Director, Office of Nuclear Material
General Requirement
schedule for completion of each Safety and Safeguards, U.S. Nuclear
requirement described in Attachment 2. Regulatory Commission, Washington, Information and material that the U.S.
2. The Licensee shall report to the DC 20555, to the Assistant General Nuclear Regulatory Commission (NRC)
determines are safeguards information must
Commission when it has achieved full Counsel for Materials Litigation and
be protected from unauthorized disclosure.
compliance with the requirements Enforcement at the same address, and to In order to distinguish information needing
described in Attachment 2. the Licensee if the answer or hearing modified protection requirements from the
D. Notwithstanding any provisions of request is by a person other than the safeguards information for reactors and fuel
the Commission’s or Agreement State’s Licensee. Because of possible cycle facilities that require a higher level of
regulations to the contrary, all measures disruptions in delivery of mail to United protection, the term ‘‘Safeguards Information-
implemented or actions taken in States Government offices, it is Modified Handling’’ (SGI–M) is being used as
response to this order shall be requested that answers and requests for the distinguishing marking for certain
maintained until the Commission hearing be transmitted to the Secretary materials licensees. Each person who
determines otherwise. of the Commission either by means of produces, receives, or acquires SGI–M shall
Licensee response to Conditions B.1, ensure that it is protected against
facsimile transmission to 301–415–1101 unauthorized disclosure. To meet this
B.2, C.1, and C.2 above shall be or by e-mail to hearingdocket@nrc.gov requirement, licensees and persons shall
submitted to the Director, Office of and also to the Office of the General establish and maintain an information
Nuclear Material Safety and Safeguards, Counsel either by means of facsimile protection system that includes the measures
U.S. Nuclear Regulatory Commission, transmission to 301–415–3725 or by e- specified below. Information protection
Washington, DC 20555. In addition, mail to OGCMailCenter@nrc.gov. If a procedures employed by State and local
Licensee submittals that contain specific person other than the Licensee requests police forces are deemed to meet these
physical protection or security a hearing, that person shall set forth requirements.
information considered to be safeguards with particularity the manner in which Persons Subject to These Requirements
information shall be put in a separate his interest is adversely affected by this Any person, whether or not a licensee of
enclosure or attachment and, marked as Order and shall address the criteria set the NRC, who produces, receives, or acquires
‘‘SAFEGUARDS INFORMATION— forth in 10 CFR 2.309(d). SGI–M is subject to the requirements (and
MODIFIED HANDLING’’ and mailed (no If a hearing is requested by the sanctions) of this document. Firms and their
electronic transmittals; i.e., no e-mail or Licensee or a person whose interest is employees that supply services or equipment
FAX) to the NRC in accordance with adversely affected, the Commission will to materials licensees would fall under this
Attachment 3. issue an Order designating the time and requirement if they possess facility SGI–M. A
The Director, Office of Nuclear place of any hearing. If a hearing is held, licensee must inform contractors and
Material Safety and Safeguards, may, in the issue to be considered at such suppliers of the existence of these
writing, relax or rescind any of the hearing shall be whether this Order requirements and the need for proper
protection. (See more under Conditions for
above conditions upon demonstration should be sustained.
Access.)
by the Licensee of good cause. Pursuant to 10 CFR 2.202(c)(2)(I), the
State or local police units who have access
Licensee may, in addition to demanding to SGI–M are also subject to these
IV a hearing, at the time the answer is filed requirements. However, these organizations
In accordance with 10 CFR 2.202, the or sooner, move the presiding officer to are deemed to have adequate information
Licensee must, and any other person set aside the immediate effectiveness of protection systems. The conditions for
adversely affected by this Order may, the Order on the ground that the Order, transfer of information to a third party, i.e.,

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56512 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Notices

need-to-know, would still apply to the police 7. State Radiation Control Program to lock combinations or keys shall be strictly
organization as would sanctions for unlawful Directors (and State Homeland Security controlled so as to prevent disclosure to an
disclosure. Again, it would be prudent for Directors) or their designees. unauthorized individual.
licensees who have arrangements with local In a generic sense, the individuals
described above in (II) through (VII) are Transportation of Documents and Other
police to advise them of the existence of
considered to be trustworthy by virtue of Matter
these requirements.
their employment status. For non- Documents containing SGI–M when
Criminal and Civil Sanctions governmental individuals in group (I) above, transmitted outside an authorized place of
The Atomic Energy Act of 1954, as a determination of reliability and use or storage shall be enclosed in two sealed
amended, explicitly provides that any trustworthiness is required. Discretion must envelopes or wrappers. The inner envelope
person, ‘‘whether or not a licensee of the be exercised in granting access to these or wrapper shall contain the name and
Commission, who violates any regulations individuals. If there is any indication that the address of the intended recipient, and be
adopted under this section shall be subject to recipient would be unwilling or unable to marked both sides, top and bottom with the
the civil monetary penalties of section 234 of provide proper protection for the SGI–M, words ‘‘Safeguards Information-Modified
this Act.’’ Section 147a. of the Act. they are not authorized to receive SGI–M. Handling.’’ The outer envelope or wrapper
Furthermore, willful violation of any must be addressed to the intended recipient,
Information Considered for Safeguards must contain the address of the sender, and
regulation or order governing safeguards Information Designation must not bear any markings or indication that
information is a felony subject to criminal
Information deemed SGI–M is information the document contains SGI–M.
penalties in the form of fines or SGI–M may be transported by any
the disclosure of which could reasonably be
imprisonment, or both. See sections 147b. commercial delivery company that provides
expected to have a significant adverse effect
and 223 of the Act. nationwide overnight service with computer
on the health and safety of the public or the
Conditions for Access common defense and security by tracking features, U.S. first class, registered,
significantly increasing the likelihood of express, or certified mail, or by any
Access to SGI–M beyond the initial
theft, diversion, or sabotage of materials or individual authorized access pursuant to
recipients of the order will be governed by
facilities subject to NRC jurisdiction. these requirements.
the background check requirements imposed Within a facility, SGI–M may be
SGI–M identifies safeguards information
by the order. Access to SGI–M by licensee transmitted using a single opaque envelope.
which is subject to these requirements. These
employees, agents, or contractors must It may also be transmitted within a facility
requirements are necessary in order to
include both an appropriate need-to-know without single or double wrapping, provided
protect quantities of nuclear material
determination by the licensee, as well as a adequate measures are taken to protect the
significant to the health and safety of the
determination concerning the material against unauthorized disclosure.
public or common defense and security.
trustworthiness of individuals having access Individuals transporting SGI–M should retain
The overall measure for consideration of
to the information. Employees of an the documents in their personal possession at
SGI–M is the usefulness of the information
organization affiliated with the licensee’s all times or ensure that the information is
(security or otherwise) to an adversary in
company, e.g., a parent company, may be planning or attempting a malevolent act. The appropriately wrapped and also secured to
considered as employees of the licensee for specificity of the information increases the preclude compromise by an unauthorized
access purposes. likelihood that it will be useful to an individual.
Need-to-Know adversary.
Preparation and Marking of Documents
Need-to-know is defined as a Protection While in Use While the NRC is the sole authority for
determination by a person having While in use, SGI–M shall be under the determining what specific information may
responsibility for protecting SGI–M that a control of an authorized individual. This be designated as ‘‘SGI–M,’’ originators of
proposed recipient’s access to SGI–M is requirement is satisfied if the SGI–M is documents are responsible for determining
necessary in the performance of official, attended by an authorized individual even whether those documents contain such
contractual, or licensee duties of though the information is in fact not information. Each document or other matter
employment. The recipient should be made constantly being used. SGI–M, therefore, that contains SGI–M shall be marked
aware that the information is SGI–M and within alarm stations, continuously manned ‘‘Safeguards Information-Modified Handling’’
those having access to it are subject to these guard posts or ready rooms need not be in a conspicuous manner on the top and
requirements as well as criminal and civil locked in file drawers or storage containers. bottom of the first page to indicate the
sanctions for mishandling the information. Under certain conditions the general presence of protected information. The first
Occupational Groups control exercised over security zones or areas page of the document must also contain (i)
would be considered to meet this the name, title, and organization of the
Dissemination of SGI–M is limited to requirement. The primary consideration is individual authorized to make an SGI–M
individuals who have an established need-to- limiting access to those who have a need-to- determination, and who has determined that
know and who are members of certain know. Some examples would be: the document contains SGI–M, (ii) the date
occupational groups. These occupational Alarm stations, guard posts and guard the document was originated or the
groups are: ready rooms; determination made, (iii) an indication that
1. An employee, agent, or contractor of an Engineering or drafting areas if visitors are the document contains SGI–M, and (iv) an
applicant, a licensee, the Commission, or the escorted and information is not clearly indication that unauthorized disclosure
United States Government; visible; would be subject to civil and criminal
2. A member of a duly authorized Plant maintenance areas if access is sanctions. Each additional page shall be
committee of the Congress; restricted and information is not clearly marked in a conspicuous fashion at the top
3. The Governor of a State or his visible; and bottom with letters denoting ‘‘Safeguards
designated representative; Administrative offices (e.g., central records Information-Modified Handling.’’
4. A representative of the International or purchasing) if visitors are escorted and In addition to the ‘‘Safeguards
Atomic Energy Agency (IAEA) engaged in information is not clearly visible; Information—Modified Handling’’ markings
activities associated with the U.S./IAEA at the top and bottom of page, transmittal
Safeguards Agreement who has been certified Protection While in Storage letters or memoranda which do not in
by the NRC; While unattended, SGI–M shall be stored themselves contain SGI–M shall be marked to
5. A member of a state or local law in a locked file drawer or container. indicate that attachments or enclosures
enforcement authority that is responsible for Knowledge of lock combinations or access to contain SGI–M but that the transmittal does
responding to requests for assistance during keys protecting SGI–M shall be limited to a not (e.g., ‘‘When separated from SGI–M
safeguards emergencies; or minimum number of personnel for operating enclosure(s), this document is
6. A person to whom disclosure is ordered purposes who have a ‘‘need-to-know’’ and decontrolled’’).
pursuant to Section 2.744(e) of Part 2 of part are otherwise authorized access to SGI–M in In addition to the information required on
10 of the Code of Federal Regulations. accordance with these requirements. Access the face of the document, each item of

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Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Notices 56513

correspondence that contains SGI–M shall, Licensees are encouraged to process this inch or smaller composed of several pages or
by marking or other means, clearly indicate information in a computing environment that documents and thoroughly mixed would be
which portions (e.g., paragraphs, pages, or has adequate computer security controls in considered completely destroyed.
appendices) contain SGI–M and which do place to prevent unauthorized access to the [FR Doc. E5–5188 Filed 9–26–05; 8:45 am]
not. Portion marking is not required for information. An ADP system is defined here BILLING CODE 7590–01–P
physical security and safeguards contingency as a data processing system having the
plans. capability of long term storage of SGI–M.
All documents or other matter containing Word processors such as typewriters are not
SGI–M in use or storage shall be marked in subject to the requirements as long as they do POSTAL RATE COMMISSION
accordance with these requirements. A not transmit information off-site. (Note: if
specific exception is provided for documents SGI–M is produced on a typewriter, the Sunshine Act Meetings
in the possession of contractors and agents of ribbon must be removed and stored in the
licensees that were produced more than one AGENCY: Postal Rate Commission (PRC).
same manner as other SGI–M information or
year prior to the effective date of the order. media.) The basic objective of these TIME AND DATE: Convening on
Such documents need not be marked unless restrictions is to prevent access and retrieval Wednesday, October 5, 2005 at 2:30
they are removed from file drawers or of stored SGI–M by unauthorized p.m. and continuing daily thereafter as
containers. The same exception applies to individuals, particularly from remote needed, after 9:30 a.m., until completed.
old documents stored away from the facility terminals. Specific files containing SGI–M PLACE: Commission conference room,
in central files or corporation headquarters. will be password protected to preclude
Since information protection procedures 901 New York Avenue, NW., Suite 200,
access by an unauthorized individual. The Washington, DC 20268–0001.
employed by state and local police forces are National Institute of Standards and
deemed to meet NRC requirements, Technology (NIST) maintains a listing of all STATUS: Closed.
documents in the possession of these validated encryption systems at http:// MATTERS TO BE CONSIDERED:
agencies need not be marked as set forth in csrc.nist.gov/cryptval/140–1/1401val.htm. Recommendations in Docket No.
this document. SGI–M files may be transmitted over a R2005–1.
Removal From SGI–M Category network if the file is encrypted. In such FOR FURTHER INFORMATION CONTACT:
cases, the licensee will select a commercially
Documents containing SGI–M shall be Stephen L. Sharfman, General Counsel,
available encryption system that NIST has
removed from the SGI–M category Postal Rate Commission, 202–789–6820.
validated as conforming to Federal
(decontrolled) only after the NRC determines
Information Processing Standards (FIPS). Dated: September 22, 2005.
that the information no longer meets the
SGI–M files shall be properly labeled as Steven W. Williams,
criteria of SGI–M. Licensees have the
‘‘Safeguards Information-Modified Handling’’ Secretary.
authority to make determinations that
specific documents which they created no and saved to removable media and stored in
a locked file drawer or cabinet. [FR Doc. 05–19310 Filed 9–22–05; 4:41 pm]
longer contain SGI–M information and may BILLING CODE 7710–FW–M
be decontrolled. Consideration must be Telecommunications
exercised to ensure that any document
SGI–M may not be transmitted by
decontrolled shall not disclose SGI–M in
unprotected telecommunications circuits POSTAL RATE COMMISSION
some other form or be combined with other
except under emergency or extraordinary
unprotected information to disclose SGI–M.
conditions. For the purpose of this Sunshine Act; Briefing on Commission
The authority to determine that a document
requirement, emergency or extraordinary Functions and Procedures
may be decontrolled may be exercised only
conditions are defined as any circumstances
by, or with the permission of, the individual AGENCY: Postal Rate Commission.
(or office) who made the original that require immediate communications in
determination. The document should order to report, summon assistance for, or ACTION: Notice of briefing.
indicate the name and organization of the respond to a security event (or an event that
has potential security significance). SUMMARY: The Commission will serve as
individual removing the document from the
SGI–M category and the date of the removal. This restriction applies to telephone, a general host for a visiting delegation
Other persons who have the document in telegraph, teletype, facsimile circuits, and from PostEurop on October 11 through
their possession should be notified of the radio. Routine telephone or radio 14, 2005. The agenda includes briefings
decontrolling of the document. transmission between site security personnel, on Commission operations, functions
or between the site and local police, should
Reproduction of Matter Containing SGI–M
and activities, as well as related issues,
be limited to message formats or codes that
do not disclose facility security features or such as postal reform, efficient
SGI–M may be reproduced to the minimum
response procedures. Similarly, call-ins component pricing, negotiated service
extent necessary consistent with need
without permission of the originator. Newer during transport should not disclose agreements, worksharing, and
digital copiers which scan and retain images information useful to a potential adversary. distinctions between domestic and
of documents represent a potential security Infrequent or non-repetitive telephone European postal models. It also includes
concern. If the copier is retaining SGI–M conversations regarding a physical security Postal Service briefings, a postal facility
information in memory, the copier cannot be plan or program are permitted provided that tour, meetings with members of
connected to a network. It should also be the discussion is general in nature. Congress and their staff, and discussions
placed in a location that is cleared and Individuals should use care when
with mailers.
controlled for the authorized processing of discussing SGI–M at meetings or in the
SGI–M information. Different copiers have presence of others to insure that the DATES: October 11 through 14, 2005.
different capabilities, including some which conversation is not overheard by persons not ADDRESSES: Postal Rate Commission,
come with features that allow the memory to authorized access. Transcripts, tapes or 901 New York Avenue, NW., Suite 200,
be erased. Each copier would have to be minutes of meetings or hearings that contain Washington, DC 20268–001.
examined from a physical security SGI–M should be marked and protected in FOR FURTHER INFORMATION CONTACT:
perspective. accordance with these requirements.
Stephen L. Sharfman, General Counsel,
Use of Automatic Data Processing (ADP) Destruction 202–789–6818.
Systems Documents containing SGI–M should be Dated: September 22, 2005.
SGI–M may be processed or produced on destroyed when no longer needed. They may Steven W. Williams,
an ADP system provided that the system is be destroyed by tearing into small pieces,
burning, shredding or any other method that Secretary.
assigned to the licensee’s or contractor’s
facility and requires the use of an entry code/ precludes reconstruction by means available [FR Doc. 05–19311 Filed 9–22–05; 4:41 pm]
password for access to stored information. to the public at large. Piece sizes one half BILLING CODE 7710–FW–M

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