Classified Information

classified-information
TitlePublishedFR Doc.Description
TitlePublishedFR Doc.Description
National Archives and Records Administration -- National Industrial Security Program2018-May-072018-09465The Information Security Oversight Office (ISOO) of the National Archives and Records Administration (NARA), is revising the National Industrial Security Program (NISP) Directive. The NISP safeguards classified information the Federal Government or foreign governments release to contractors, licensees, grantees, and certificate holders. This revision adds provisions incorporating executive branch insider threat policy and minimum standards, identifies the Office of the Director of National Intelligence (ODNI) and the Department of Homeland Security (DHS) as new cognizant security agencies (CSAs), and adds responsibilities for all CSAs and non-CSA departments and agencies (to reflect oversight functions that are already detailed for private sector entities in the National Industrial Security Program Operating Manual (NISPOM)). This revision also makes other administrative changes to be consistent with recent revisions to the NISPOM and with updated regulatory language and style.
Energy Department -- Human Reliability Program2018-Apr-262018-08697DOE is amending its regulation concerning the Human Reliability Program (HRP). This regulation provides the policies and procedures to ensure that individuals who occupy positions affording unescorted access to certain nuclear materials, nuclear explosive devices, facilities and programs meet the highest standards of reliability and physical and mental suitability. The revisions include some clarification of the procedures and burden of proof applicable in certification review hearings, the addition and modification of certain definitions, and a clear statement that a security concern can be reviewed pursuant to the HRP regulation in addition to the DOE regulations for determining eligibility for access to classified matter or special nuclear material. These revisions are intended to provide better guidance to HRP-certified individuals and to ensure consistency in HRP decision making.
Energy Department -- Nuclear Classification and Declassification2018-Apr-232018-07990The Department of Energy (DOE) proposes to revise its regulations concerning the requirements for classification and declassification of Restricted Data (RD) and Formerly Restricted Data (FRD). Since 1997, when DOE amended the regulations, changes in legislation and DOE and national policies have rendered portions of the existing regulations outdated. The proposed revisions update the regulations to address these changes. Additional changes made are to clarify requirements, as well as allow agencies more flexibility in implementing RD/FRD programs. This proposed rule is rewritten for clarity and reorganized for ease of use.
Trade Representative, Office of United States -- Removal of the Office of the United States Trade Representative Rules Concerning Classification and Safeguarding of National Security Information2018-Apr-092018-07220This rule removes part 2008 of the Office of the United States Trade Representative's (USTR) regulations, which established policy and procedure for the classification and safeguarding of national security information by USTR staff. USTR has replaced the rule, which was promulgated in 1979 and is based on a superseded Executive Order, with updated plain language guidance that is available on the USTR website.
Commerce Department -- Requirements for Submissions Requesting Exclusions From the Remedies Instituted in Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum Into the United States; and the Filing of Objections to Submitted Exclusion Requests for Steel and Aluminum2018-Mar-192018-05761This interim final rule amends the National Security Industrial Base Regulations to add two new supplements. The new supplements set forth the process for how parties in the United States may submit requests for exclusions from actions taken by the President (``exclusion requests'') to protect national security from threats resulting from imports of specified articles. The new supplements also set forth the requirements and process for how parties in the United States may submit objections to the granting of an exclusion request. The supplements are being added to implement Presidential Proclamations 9704 and 9705 of March 8, 2018 (``Proclamations''), adjusting imports of steel articles identified in Proclamation 9705 (``steel'') and aluminum articles identified in Proclamation 9704 (``aluminum'') through the imposition of duties so that imports of steel articles and aluminum articles will no longer threaten to impair the national security. As set forth in the Proclamations, the President concurred with the findings of the Secretary of Commerce (``Secretary'') in two reports to the President on the investigations under section 232 of the Trade Expansion Act of 1962, as amended, of the effect of imports of steel and aluminum, respectively, on the national security of the United States. The Proclamations authorize the Secretary to grant exclusions from the duties upon request of affected parties if the steel or aluminum articles are determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality or based upon specific national security considerations. The President directed the Secretary to promulgate regulations as may be necessary to set forth the procedures for an exclusion process.
Nuclear Regulatory Commission -- Incorporation by Reference of American Society of Mechanical Engineers Codes and Code Cases; Correction2018-Jan-182018-00708The U.S. Nuclear Regulatory Commission (NRC) published a final rule in the Federal Register on July 18, 2017, to incorporate by reference recent editions of and addenda to the American Society of Mechanical Engineers (ASME) Codes for nuclear power plants. The final rule contained a minor error when referring to a table related to certification requirements for non-destructive examination personnel. In addition, the final rule contained a minor error in a requirement for check valve monitoring. This document corrects the final rule by revising the section that contains these errors.
Nuclear Regulatory Commission -- Approval of American Society of Mechanical Engineers' Code Cases2018-Jan-172018-00112The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference (IBR) the latest revisions of three regulatory guides (RGs) approving new, revised, and reaffirmed Code Cases published by the American Society of Mechanical Engineers (ASME). This action allows nuclear power plant licensees and applicants for construction permits, operating licenses, combined licenses, standard design certifications, standard design approvals and manufacturing licenses to voluntarily use the Code Cases listed in these RGs as alternatives to engineering standards for the construction, inservice inspection (ISI), and inservice testing (IST) of nuclear power plant components. These engineering standards are set forth in the ASME's Boiler and Pressure Vessel (BPV) Codes and ASME Operation and Maintenance (OM) Codes, which are currently incorporated by reference into the NRC's regulations. This final rule announces the availability of the final versions of the three RGs that are being incorporated by reference. Further, the final rule announces the availability of a related RG, not incorporated by reference into the NRC's regulations that lists Code Cases that the NRC has not approved for use.
Nuclear Regulatory Commission -- Adjustment of Civil Penalties for Inflation for Fiscal Year 20182018-Jan-122018-00368The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum Civil Monetary Penalties (CMPs) it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA from $285,057 to $290,875 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $10,957 to $11,181 for each false claim or statement.
State Department -- Department of State 2018 Civil Monetary Penalties Inflationary Adjustment2018-Jan-032017-28395This final rule is issued to adjust the civil monetary penalties (CMP) for regulatory provisions maintained and enforced by the Department of State. The revised CMP adjusts the amount of civil monetary penalties assessed by the Department of State based on the December 2017 guidance from the Office of Management and Budget. The new amounts will apply only to those penalties assessed on or after the effective date of this rule, regardless of the date on which the underlying facts or violations occurred.
Energy Department -- Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material2017-Dec-042017-25257The Department of Energy (DOE) is amending its regulations which set forth the policies and procedures for resolving questions concerning eligibility for DOE access authorization. The revisions update appendix A, and related text, with the most current national standards for determining eligibility for access to classified matter and special nuclear material, and delete references to Executive Order 10450, which was revoked pursuant to Executive Order 13764, dated January 17, 2017.
Nuclear Regulatory Commission -- Miscellaneous Corrections2017-Nov-152017-24259The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. The amendments include correcting references, an address and a misspelling. The amendments will also make references to persons in one part of the NRC's regulations gender neutral. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.
Energy Department -- Safeguarding of Restricted Data by Access Permittees2017-Sep-012017-18043The Department of Energy (DOE or Department) has revised its regulations governing the standards for safeguarding Restricted Data by access permittees. The previous version of this regulation was promulgated in 1983. Since 1983, changes in organizations, terminology, and DOE and national policies rendered portions of the previous regulation outdated. This version updates existing requirements.
State Department -- Temporary Modification of Category XI of the United States Munitions List2017-Aug-302017-18482The Department of State, pursuant to its regulations and in the interest of the security of the United States, temporarily modifies Category XI of the United States Munitions List (USML).
Nuclear Regulatory Commission -- Incorporation by Reference of American Society of Mechanical Engineers Codes and Code Cases2017-Jul-182017-14166The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference recent editions and addenda to the American Society of Mechanical Engineers (ASME) Codes for nuclear power plants and a standard for quality assurance. The NRC is also incorporating by reference six ASME Code Cases. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate by reference new editions and addenda of the ASME Codes and is intended to maintain the safety of nuclear power plants and to make NRC activities more effective and efficient.
Energy Department -- Human Reliability Program2017-Jun-222017-12810DOE proposes to amend its regulation concerning the Human Reliability Program (HRP). This regulation provides the policies and procedures to ensure that individuals who occupy positions affording unescorted access to certain nuclear materials, nuclear explosive devices, facilities and programs meet the highest standards of reliability and physical and mental suitability. The proposed revisions include some clarification of the procedures and burden of proof applicable in certification review hearings, the addition and modification of certain definitions, and a clear statement that a security concern can be reviewed pursuant to DOE regulations for determining eligibility for access to classified matter or special nuclear material and/or the HRP regulation. These proposed revisions are intended to provide better guidance to HRP-certified individuals and to ensure consistency in HRP decision making.
Federal Communications Commission -- Business Data Services in an Internet Protocol Environment; Technology Transitions; Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition for Rulemaking To Reform Regulation of Incumbent Local Exchange Carrier Rates for Interstate Special Access Services2017-Jun-022017-10713In this document, a Report and Order provides a new framework for deregulating Business Data Services in areas where competitive forces are able to ensure just and reasonable rates. Acknowledging the presence of increased competition evidenced by the record in this proceeding, the Federal Communications Commission amends its rules to reflect changes in the business data services marketplace. By adopting this framework the Commission acts to further bolster competition and investment in business data services, and takes further steps to decrease the cost of broadband infrastructure deployment.
Housing and Urban Development Department -- Revision of Freedom of Information Act Regulation; Correction2017-May-102017-09465On January 12, 2017, HUD issued a final rule amending HUD's Freedom of Information Act (FOIA) regulation to implement the FOIA Improvement Act of 2016, which enacted a range of procedural changes, including a change to the procedures for withholding information and an amendment to one of the nine FOIA exemptions that authorizes an agency to withhold various records from disclosure. After publication, HUD discovered that a portion of the regulation was not published as intended. Specifically, the published rule deleted several of the nine statutory FOIA disclosure exemptions and duplicated another. HUD also noticed minor technical changes required elsewhere in its regulations. This document corrects HUD's January 12, 2017, final rule and makes the minor technical changes.
Nuclear Regulatory Commission -- Non-Power Production or Utilization Facility License Renewal2017-Mar-302017-06162The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern the license renewal process for non- power reactors, testing facilities, and other production or utilization facilities, licensed under the authority of Section 103, Section 104a, or Section 104c of the Atomic Energy Act of 1954, as amended (AEA), that are not nuclear power reactors. In this proposed rule, the NRC collectively refers to these facilities as non-power production or utilization facilities (NPUFs). The NRC is proposing to: Eliminate license terms for licenses issued under the authority of Sections 104a or 104c of the AEA, other than for testing facilities; define the license renewal process for licenses issued to testing facilities or under the authority of Section 103 of the AEA; require all NPUF licensees to submit final safety analysis report (FSAR) updates to the NRC every 5 years; and provide an accident dose criterion of 1 rem (0.01 Sievert (Sv)) total effective dose equivalent (TEDE) for NPUFs other than testing facilities. The proposed rule also includes other changes, as described in Section III, ``Discussion,'' of this document. The NRC is issuing concurrently draft Regulatory Guide (DG-2006), ``Preparation of Updated Final Safety Analysis Reports for Non-power Production or Utilization Facilities,'' for review and comment. The NRC anticipates the proposed rule and associated draft implementing guidance would result in reduced burden on both licensees and the NRC, and would create a more responsive and efficient regulatory framework that will continue to protect public health and safety, promote the common defense and security, and protect the environment. During the public comment period, the NRC plans to hold a public meeting to promote a full understanding of the proposed rule and facilitate the public's ability to submit comments on the proposed rule.
Nuclear Regulatory Commission -- Adjustment of Civil Penalties for Inflation for FY 20172017-Jan-242017-01313The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum civil monetary penalties (CMPs) it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA from $280,469 to $285,057 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $10,781 to $10,957 for each false claim or statement.
Federal Communications Commission -- Freedom of Information Act Improvement Act Implementation Order2017-Jan-132016-31703In this document, the Federal Communications Commission amends its rules to update various sections implementing the Freedom of Information Act (FOIA) to reflect changes in the law made by the FOIA Improvement Act of 2016, to making conforming edits to reflect existing Commission FOIA practice, to streamline the Commission's FOIA procedures, and to provide for clerical corrections.
Housing and Urban Development Department -- Revision of Freedom of Information Act Regulation2017-Jan-122017-00178This final rule amends HUD's Freedom of Information Act (FOIA) regulation to implement the FOIA Improvement Act of 2016. The FOIA Improvement Act enacted a range of procedural issues, including requirements that agencies establish a minimum of 90 days for requesters to file an administrative appeal, and codifies the foreseeable harm standard. In addition, this final rule revises a section of HUD's FOIA regulations to more accurately reflect statutory language.
State Department -- 2017 Civil Monetary Penalties Inflationary Adjustment2017-Jan-112017-00166This final rule is issued to adjust the civil monetary penalties (CMP) for regulatory provisions maintained and enforced by the Department of State. The revised CMP adjusts the amount of civil monetary penalties assessed by the Department of State based on the December 2016 guidance from the Office of Management and Budget. The new amounts will apply only to those penalties assessed on or after the effective date of this rule, regardless of the date on which the underlying facts or violations occurred.
National Archives and Records Administration -- National Industrial Security Program2017-Jan-112017-00152The Information Security Oversight Office (ISOO) of the National Archives and Records Administration (NARA), proposes to revise the National Industrial Security Program (NISP) Directive. The NISP safeguards classified information the Federal Government or foreign governments release to contractors, licensees, grantees, and certificate holders. This proposed revision adds provisions incorporating executive branch insider threat policy and minimum standards, identifies the Office of the Director of National Intelligence (ODNI) and the Department of Homeland Security (DHS) as new cognizant security agencies (CSAs), and adds responsibilities for all CSAs and non-CSA departments and agencies (to reflect oversight functions that are already detailed for private sector entities in the National Industrial Security Program Operating Manual (NISPOM)). The proposed revisions also make other administrative changes to be consistent with recent revisions to the NISPOM and with updated regulatory language and style.
State Department -- International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV2017-Jan-102016-31751As part of the President's Export Control Reform (ECR) initiative, the Department published an interim final rule on May 13, 2014 that revised Category XV (Spacecraft and Related Articles) of the U.S. Munitions List (USML). After reviewing comments to the interim final rule, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to further revise Category XV of the USML to describe more precisely the articles warranting control in that category.
Federal Maritime Commission -- Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act2017-Jan-092016-31891The Federal Maritime Commission amends its regulations for processing requests for information and records under the Freedom of Information Act (FOIA). The regulations are being revised to incorporate changes brought by amendments to the FOIA under the FOIA Improvement Act of 2016. The Act requires agencies to review their FOIA regulations and issue regulations implementing the amendments no later than 180 days after enactment.
Peace Corps -- Eligibility and Standards for Peace Corps Volunteer Service2017-Jan-052016-30442The Peace Corps issues this final rule to restate and update the requirements for eligibility for Peace Corps Volunteer service, and the factors considered in the assessment and selection of eligible applicants for training and service. The requirements and factors for eligibility and selection were last published in 1984. A revision of the regulation is necessary to conform to changes in Federal laws and regulations, particularly with respect to those prohibiting discrimination on the basis of disability, and to reflect policy changes made by the Peace Corps.
Defense Department -- Department of Defense Personnel Security Program Regulation2017-Jan-052016-31756This final rule removes DoD's regulation concerning personnel security. The codified rule is outdated and no longer accurate or applicable as written. The rule does not impose obligations on members of the public that are not already imposed by statute. It paraphrases and summarizes relevant sources of law and does not substantively deviate from them.
Nuclear Regulatory Commission -- Update To Incorporate FOIA Improvement Act of 2016 Requirements2016-Dec-302016-31595The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to reflect changes to the Freedom of Information Act (FOIA). The FOIA Improvement Act of 2016 requires the NRC to amend its FOIA regulations to update procedures for requesting information from the NRC and procedures that the NRC must follow in responding to FOIA requests.
Federal Maritime Commission -- Rules of Practice and Procedure; Presentation of Evidence in Commission Proceedings2016-Dec-222016-30745The Federal Maritime Commission is reorganizing several subparts of its Rules of Practice and Procedure and revising its rules regarding presentation of evidence in Commission proceedings.
State Department -- Amendment to the International Traffic in Arms Regulations: Corrections and Clarifications2016-Dec-052016-28406The Department of State is amending the International Traffic in Arms Regulations (ITAR) to clarify recent revisions made pursuant to the President's Export Control Reform (ECR) initiative. This rule clarifies the scope of disclosure of information submitted to the Directorate of Defense Trade Controls (DDTC), clarifies the policies and procedures regarding statutory debarments, and corrects administrative and typographical errors.
Nuclear Regulatory Commission -- Miscellaneous Corrections2016-Dec-022016-28684The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. The amendments include correcting a senior NRC management position title; correcting terminology for consistency in NRC regulations; and correcting contact information, references, typographical errors, and misspellings. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.
International Trade Commission -- FOIA Improvement Act; Rules of General Application2016-Dec-012016-28819The United States International Trade Commission (``Commission'') issues a final rule amending its Rules of Practice and Procedure concerning rules of general application to reflect amendments to the Freedom of Information Act (``FOIA'') made by the FOIA Improvement Act of 2016 (``Improvement Act''). Among other things, the Improvement Act requires the Commission to amend its FOIA regulations to extend the deadline for administrative appeals for FOIA decisions, to add information on dispute resolution services, and to amend the way the Commission charges fees for FOIA requests.
Homeland Security Department -- Freedom of Information Act Regulations2016-Nov-222016-28095This rule amends the Department's regulations under the Freedom of Information Act (FOIA). The regulations have been revised to update and streamline the language of several procedural provisions, and to incorporate changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the regulations have been updated to reflect developments in the case law.
Energy Department -- Safeguarding of Restricted Data by Access Permittees2016-Nov-162016-27414The Department of Energy (DOE or Department) proposes to revise its regulations governing the standards for safeguarding Restricted Data by access permittees. The existing version of this regulation was promulgated in 1983, which transferred the regulation (originally promulgated in 1976). Since 1983, changes in organizations, terminology, and DOE and national policies render portions of the existing regulation outdated. The proposed revisions would update existing requirements.
Defense Department -- Presentation of DoD-Related Scientific and Technical Papers at Meetings2016-Oct-202016-25276This final rule removes DoD's regulation concerning the presentation of DoD-related scientific and technical papers at meetings. The codified rule is outdated and no longer accurate or applicable as written. The codified rule contains internal guidance relating to how and when DoD scientific and technical papers in the possession or under the control of DoD can be presented at meetings. The rule does not impose obligations on members of the public. Therefore, 32 CFR part 249 can be removed from the CFR.
Energy Department -- Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material2016-Oct-172016-24469The Department of Energy (DOE) is amending its regulations which set forth the policies and procedures for resolving questions concerning eligibility for DOE access authorization. The revisions update and provide added clarity throughout the regulations, and streamline the process for resolving access authorization eligibility determinations. Additionally, DOE is updating references to DOE Offices and officials to reflect the current DOE organizational structure.
Central Intelligence Agency -- Access to Classified Information by Historical Researchers and Certain Former Government Personnel2016-Sep-192016-21825Consistent with Executive Order 13526, the Central Intelligence Agency (CIA) is providing greater clarity about the procedures under which it may provide historical researchers and certain former Government personnel with access to classified CIA information. This rule is being issued as a final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act for rules of agency procedure and interpretation.
Federal Maritime Commission -- Update of Existing and Addition of New User Fees2016-Aug-292016-20647The Federal Maritime Commission (Commission) is amending its user fees to more accurately align fees with the costs associated with each service provided by the Commission. Specifically, the Commission is increasing fees for: Filing complaints and certain petitions; records searches, document copying, and admissions to practice; paper filing of ocean transportation intermediary (OTI) applications; filing applications for special permission; and filing agreements. The Commission is also lowering fees for: Reviewing Freedom of Information Act (FOIA) requests; revising clerical errors on service contracts; revising clerical errors on non-vessel-operating common carrier (NVOCC) service arrangements; and Commission services to passenger vessel operators (PVOs). In addition, the Commission is repealing four existing fees for: Adding interested parties to a specific docket mailing list; the Regulated Persons Index database; database reports on Effective Carrier Agreements; and filing petitions for rulemaking, and adding a new fee for requests for expedited review of an agreement filing.
State Department -- Amendment to the International Traffic in Arms Regulations: Procedures for Obtaining State Department Authorization To Export Items Subject to the Export Administration Regulations; Revision to the Destination Control Statement; and Other Changes2016-Aug-172016-19550As part of the President's Export Control Reform (ECR) initiative, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to clarify rules pertaining to the export of items subject to the Export Administration Regulations (EAR), revise the destination control statement in ITAR Sec. 123.9 to harmonize the language with the EAR, make conforming changes to ITAR Sec. Sec. 124.9 and 124.14, and make several minor edits for clarity.
Central Intelligence Agency -- Special Procedures for Discretionary Access to Classified Historical Central Intelligence Agency Records Requested by Other Federal Agencies in Furtherance of Historical Research2016-Aug-092016-15896Consistent with the National Security Act of 1947, as amended, the Central Intelligence Agency Act of 1949, as amended, and Executive Order 13526, as amended (or successor Orders), and section 1.6 of Executive Order 12333, as amended (or successor Orders), CIA is providing greater clarity about the procedures under which, as a matter of discretion, it may provide access to classified historical CIA records requested by other Federal agencies in furtherance of historical research when such access is not expressly required by statute. This rule is being issued as a final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act for rules of agency procedure and interpretation.
Nuclear Regulatory Commission -- Update to Transcript Correction Procedures2016-Jul-202016-17072The U.S. Nuclear Regulatory Commission (NRC) is amending its regulation that governs the correction of official transcripts for agency adjudicatory proceedings. The current regulation has not been substantively updated since it was adopted in 1962 and the NRC's internal procedures have evolved since that time to incorporate technological development. The NRC is not soliciting public comment on this change because the change is limited to an agency rule of procedure and practice that does not affect the rights and responsibilities of outside parties.
Federal Communications Commission -- Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership2016-Jul-192016-16780In this Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (Commission) proposes changes to our rules and procedures related to certain applications and petitions for declaratory ruling involving foreign ownership (together, ``applications''). The Commission refers certain applications to the relevant Executive Branch agencies for their input on any national security, law enforcement, foreign policy, and trade policy concerns that may arise from the foreign ownership interests held in the applicants and petitioners (together, ``applicants''). As part of our effort to reform the Commission's processes, we seek to improve the timeliness and transparency of this referral process. More specifically, our goals here are to identify ways in which both the Commission and the agencies might streamline and facilitate the process for obtaining information necessary for Executive Branch review and identify expected time frames, while ensuring that we continue to take Executive Branch concerns into consideration as part of our public interest review.
Transportation Department -- Classified Information: Classification/Declassification/Access; Authority To Classify Information (RRR)2016-Jul-152016-16565This final rule updates the regulations regarding classified information to reflect changes in organizational structure, update the legal authorities, incorporate new references, and refer historical researchers and former Presidential appointees to Executive Order 13526.
Nuclear Regulatory Commission -- Adjustment of Civil Penalties for Inflation2016-Jul-012016-15399The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum Civil Monetary Penalties (CMPs) it can assess under statutes enforced by the agency. These changes are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA from $140,000 to $280,469 per violation, per day. Additionally, the NRC is amending provisions concerning program fraud civil penalties by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $7,000 to $10,781 for each false claim or statement.
Justice Department -- Civil Monetary Penalties Inflation Adjustment2016-Jun-302016-15528In accordance with the provisions of the Bipartisan Budget Act of 2015, the Department of Justice is adjusting for inflation civil monetary penalties assessed or enforced by components of the Department.
State Department -- Civil Monetary Penalties Inflationary Adjustment2016-Jun-082016-13455This final rule is issued to adjust the civil monetary penalties (CMP) for regulatory provisions maintained and enforced by the Department of State. The Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Act), as amended by the Debt Collection Improvement Act of 1996 (the 1996 Act), required the head of each agency to adjust its CMPs for inflation no later than October 23, 1996 and required agencies to make adjustments at least once every four years thereafter. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) further amended the 1990 Act by requiring agencies to adjust CMPs, if necessary, pursuant to a ``catch- up'' adjustment methodology prescribed by the 2015 Act, which mandates that the catch up adjustment take effect no later than August 1, 2016. Additionally, the 2015 Act requires agencies to make annual adjustments to their respective CMPs in accordance with guidance issued by the Office of Management and Budget. The revised CMP adjustments in this rule will apply only to those penalties assessed after its effective date; subsequent annual adjustments are to be published not later than January 15 of each year. In keeping with guidance provided by the Office of Management and Budget, the new penalty levels will apply to all assessments made on or after August 1, 2016, regardless of the date on which the underlying facts or violations occurred.
Federal Maritime Commission -- Update of Existing and Addition of New User Fees2016-May-272016-12326The Federal Maritime Commission (Commission) proposes amending its current user fees and invites public comment on whether the Commission should amend its user fees. Specifically, the Commission proposes increasing fees for: Filing complaints and certain petitions; records searches, document copying, and admissions to practice; paper filing of ocean transportation intermediary (OTI) applications; filing applications for special permission; and filing agreements. The Commission also proposes lowering fees for: Reviewing Freedom of Information Act (FOIA) requests; revising clerical errors on service contracts; Revising clerical errors on non-vessel-operating common carrier (NVOCC) service agreements; and Commission services to passenger vessel operators (PVOs). In addition, the Commission proposes repealing four existing fees for: Adding interested parties to a specific docket mailing list; the Regulated Persons Index database; database reports on Effective Carrier Agreements; and filing petitions for rulemaking. The Commission also proposes adding a new fee for requests for expedited review of an agreement filing.
Federal Maritime Commission -- Rules of Practice and Procedure; Presentation of Evidence in Commission Proceedings2016-May-032016-09759The Federal Maritime Commission is proposing to reorganize several subparts of its Rules of Practice and Procedure and revise its rules regarding presentation of evidence in Commission proceedings.
National Intelligence, Office of the National Director -- Mandatory Declassification Review Program2016-Apr-252016-09252The Office of the Director of National Intelligence (ODNI) is publishing this direct final rule pursuant to Executive Order 13526, relating to classified national security information. It provides procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort. This rule also informs requesters where to send requests for an MDR.
National Intelligence, Office of the National Director -- Mandatory Declassification Review Program2016-Apr-252016-09251The Office of the Director of National Intelligence (ODNI) is publishing this proposed rule pursuant to Executive Order 13526, relating to classified national security information. It provides procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort. This rule also informs requesters where to send requests for an MDR.
Energy Department -- Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material2016-Apr-192016-08885The Department of Energy (DOE) proposes to amend its regulations which set forth the policies and procedures for resolving questions concerning eligibility for DOE access authorization. The proposed revisions would update and provide added clarity throughout the current rule, and streamline the process for resolving access authorization eligibility determinations. Additionally, DOE proposes to update references to DOE Offices and officials to reflect the current DOE organizational structure.
Nuclear Regulatory Commission -- Approval of American Society of Mechanical Engineers' Code Cases2016-Mar-022016-04355The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference proposed revisions of three regulatory guides (RGs) which would approve new, revised, and reaffirmed Code Cases published by the American Society of Mechanical Engineers (ASME). This proposed action would allow nuclear power plant licensees, and applicants for construction permits, operating licenses, combined licenses, standard design certifications, standard design approvals and manufacturing licenses, to use the Code Cases listed in these draft RGs as alternatives to engineering standards for the construction, inservice inspection, and inservice testing of nuclear power plant components. These engineering standards are set forth in ASME Boiler and Pressure Vessel Codes and ASME Operations and Maintenance Codes, which are currently incorporated by reference into the NRC's regulations. The NRC is requesting comments on this proposed rule and on the draft versions of the three RGs proposed to be incorporated by reference. The NRC is also making available a related draft RG that lists Code Cases that the NRC has not approved for use. This draft RG will not be incorporated by reference into the NRC's regulations.
Commerce Department -- Updated Legal Authority Citations2016-Feb-292016-04324This rule updates the Code of Federal Regulations (CFR) legal authority citations in the National Security Industrial Base Regulations (NSIBR) and the Export Administration Regulations (EAR). The citation updates reflect recent editorial reclassifications within the United States Code, the repeal of certain statutory authorities, the continuation of an emergency declared in an executive order, and minor stylistic edits. This is a non-substantive rule that only updates legal authority paragraphs of the NSIBR and the EAR. It does not alter any right, obligation or prohibition that applies to any person under the NSIBR or the EAR.
National Intelligence, Office of the National Director -- Mandatory Declassification Review Program2016-Feb-262016-04172The Office of the Director of National Intelligence (ODNI) is publishing this direct final rule pursuant to Executive Order 13526, relating to classified national security information. It provides procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort. This rule also informs requesters where to send requests for an MDR.
State Department -- Privacy Act; STATE-81, Office of Foreign Missions Records2015-Dec-172015-31551The Department of State is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the Office of Foreign Missions Records, State-81 system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act of 1974.
State Department -- Temporary Modification of Category XI of the United States Munitions List2015-Dec-162015-31528The Department of State, pursuant to its regulations and in the interest of the security of the United States, temporarily modifies Category XI of the United States Munitions List (USML).
Nuclear Regulatory Commission -- Miscellaneous Corrections2015-Dec-012015-30153The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include renaming the Office of Information Services, renaming the Computer Security Office and removing it as a standalone office, capitalizing the words Tribe, Tribes, and Tribal, correcting a Web site address, correcting a misspelling, removing a submission requirement, correcting an email address, correcting a room number, removing a Federal Register notice requirement, and adding missing information collection references. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
Nuclear Regulatory Commission -- Mitigation of Beyond-Design-Basis Events2015-Nov-132015-28589The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that establish regulatory requirements for nuclear power reactor applicants and licensees to mitigate beyond- design-basis events. The NRC is proposing to make generically applicable requirements in Commission orders for mitigation of beyond- design-basis events and for reliable spent fuel pool instrumentation. This proposed rule would establish regulatory requirements for an integrated response capability, including supporting requirements for command and control, drills, training and change control. This proposed rule also would establish requirements for enhanced onsite emergency response capabilities. Finally, this proposed rule would address a number of petitions for rulemaking (PRMs) submitted to the NRC following the March 2011 Fukushima Dai-ichi event. This rulemaking is applicable to power reactor licensees, power reactor license applicants, and decommissioning power reactor licensees. This rulemaking combines two NRC activities for which documents have been published in the Federal Register--Onsite Emergency Response Capabilities (RIN 3150-AJ11; NRC-2012-0031) and Station Blackout Mitigation Strategies (RIN 3150-AJ08; NRC-2011-0299). The new identification numbers for this consolidated rulemaking are RIN 3150- AJ49 and NRC-2014-0240.
Nuclear Regulatory Commission -- Hearings on Challenges to the Immediate Effectiveness of Orders2015-Oct-202015-26590The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations regarding challenges to the immediate effectiveness of NRC enforcement orders to clarify the burden of proof and to clarify the authority of the presiding officer to order live testimony in resolving these challenges.
Nuclear Regulatory Commission -- Revisions to the Petition for Rulemaking Process2015-Oct-072015-25563The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to clarify and streamline its process for addressing petitions for rulemaking (PRMs). These amendments are intended to improve transparency and to make the PRM process more efficient and effective.
Nuclear Regulatory Commission -- Formatting and Non-Substantive Corrections to Authority Citations; Corrections2015-Sep-302015-24603The U.S. Nuclear Regulatory Commission (NRC) published a final rule in the Federal Register on September 9, 2015, that amended its regulations to better adhere to the Office of Federal Register's (OFR) guidance for formatting authority citations. In addition, the final rule corrected typographical errors and made other non-substantive corrections to the NRC's authority citations. The final rule contained incorrect punctuation and spacing, one incorrect reference, and omitted two references. This document makes additional corrections to NRC's authority citations.
Nuclear Regulatory Commission -- Incorporation by Reference of American Society of Mechanical Engineers Codes and Code Cases2015-Sep-182015-23193The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference seven recent editions and addenda to the American Society of Mechanical Engineers (ASME) codes for nuclear power plants and a standard for quality assurance. The NRC is also proposing to incorporate by reference four ASME code cases. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate by reference new editions and addenda of the ASME codes and is intended to maintain the safety of nuclear power plants and to make NRC activities more effective and efficient.
Federal Maritime Commission -- Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act2015-Sep-012015-21453The Federal Maritime Commission amends its regulations governing access to Commission information and records and its regulations implementing the Freedom of Information Act (FOIA). The revisions update and consolidate the provisions identifying records available without the need for a FOIA request, including records available on the Commission's public Web site; revise response time procedures for processing FOIA requests; affirmatively indicate that the Commission uses a multitrack system for processing FOIA requests; modify the criteria for a FOIA request to qualify for expedited processing; and extend the administrative appeal deadline.
Housing and Urban Development Department -- Revision of Freedom of Information Act Regulation2015-Aug-172015-20226This final rule amends HUD's regulations implementing the Freedom of Information Act (FOIA) to update and streamline HUD's current FOIA regulation. Specifically, it updates HUD's regulations to reflect statutory changes to the FOIA, current HUD organizational structure, and current HUD policies and practices with respect to the FOIA. In addition, the rule uses current cost figures in calculating and charging fees. This final rule also incorporates changes made upon further evaluation of HUD's FOIA Regulation and in response to public comments received.
Nuclear Regulatory Commission -- Miscellaneous Corrections2015-Aug-032015-18863The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include updating the name and the phone number of the U.S. Government Publishing Office, updating the address for the National Technical Information Service, correcting typographical errors, correcting misspellings, and correcting references. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
Peace Corps -- Eligibility and Standards for Peace Corps Volunteer Service2015-Jul-312015-18789This proposed regulation would restate and update the requirements for eligibility for Peace Corps Volunteer service, and the factors considered in the assessment and selection of eligible applicants for training and service. The requirements and factors for eligibility and selection were last published in 1984. A revision of the regulation is necessary to conform to changes in Federal laws and regulations, particularly with respect to those prohibiting discrimination on the basis of disability, and to reflect policy changes made by the Peace Corps.
Homeland Security Department -- Freedom of Information Act Regulations2015-Jul-292015-18388This rule proposes to amend the Department of Homeland Security's (DHS) regulations under the Freedom of Information Act (FOIA). The Department (DHS) is proposing to update and streamline the language of several procedural provisions, and to incorporate changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007, among other changes. DHS invites comment on all aspects of this proposal.
State Department -- Temporary Modification of Category XI of the United States Munitions List2015-Jul-022015-16489The Department of State, pursuant to its regulations and in the interest of the security of the United States, temporarily modifies Category XI of the United States Munitions List (USML).
Federal Maritime Commission -- Amendments to Regulations Governing Access to Commission Information and Records; Freedom of Information Act2015-Jul-022015-16101The Federal Maritime Commission amends its regulations governing access to Commission information and records and its regulations implementing the Freedom of Information Act (FOIA). The revisions update and consolidate the provisions identifying records available without the need for a FOIA request, including records available on the Commission's public Web site; revise response time procedures for processing FOIA requests; affirmatively indicate that the Commission uses a multitrack system for processing FOIA requests; and modify the criteria for a FOIA request to qualify for expedited processing.
State Department -- Amendment to the International Traffic in Arms Regulations: Registration and Licensing of U.S. Persons Employed by Foreign Persons, and Other Changes2015-May-262015-12643The Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to clarify requirements for the licensing and registration of U.S. persons providing defense services while in the employ of foreign persons. This amendment is pursuant to the President's Export Control Reform effort, as part of the Department of State's retrospective plan under Executive Order 13563 completed on August 17, 2011. The Department of State's full plan can be accessed at http://www.state.gov/documents/organization/181028.pdf.
Gulf Coast Ecosystem Restoration Council -- Procedures for Disclosure of Records Under the Freedom of Information Act and Privacy Act2015-May-222015-12459This rule sets forth the Gulf Coast Ecosystem Restoration Council's (Council) regulations regarding the Freedom of Information Act (FOIA), Privacy Act (PA), and declassification and public availability of national security information. The FOIA and PA require each agency to promulgate regulations implementing the provisions of those laws and this Final Rule fulfills that mandate, facilitating public access to Council records.
State Department -- Amendment to the International Traffic in Arms Regulations: Exports and Temporary Imports Made to or on Behalf of a Department or Agency of the U.S. Government; Procedures for Obtaining State Department Authorization To Export Items Subject to the Export Administration Regulations; Revision to the Destination Control Statement; and Other Changes2015-May-222015-12295As part of the President's Export Control Reform (ECR) effort, the Department of State is proposing to amend the International Traffic in Arms Regulations (ITAR) to: clarify regulations pertaining to the export of items subject to the Export Administration Regulations (EAR); revise the licensing exemption for exports made to or on behalf of an agency of the U.S. government; revise the destination control statement in ITAR Sec. 123.9 to harmonize the language with the EAR; and make several minor edits for clarity. The proposed revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563.
Commerce Department -- Changes To Implement the Hague Agreement Concerning International Registration of Industrial Designs2015-Apr-022015-06397Title I of the Patent Law Treaties Implementation Act of 2012 (``PLTIA'') amends the United States patent laws to implement the provisions of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, July 2, 1999, (hereinafter ``Hague Agreement'') and is to take effect on the entry into force of the Hague Agreement with respect to the United States. Under the Hague Agreement, qualified applicants may apply for design protection in the Contracting Parties to the Hague Agreement by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office is revising the rules of practice to implement title I of the PLTIA.
Gulf Coast Ecosystem Restoration Council -- Procedures for Disclosure of Records Under the Freedom of Information Act and Privacy Act2015-Feb-092015-02163This Proposed Rule sets forth the Gulf Coast Ecosystem Restoration Council's (Council) proposed regulations regarding the Freedom of Information Act (FOIA), Privacy Act (PA), and declassification and public availability of national security information.
Securities and Exchange Commission -- Rescission of Outdated Rules and Forms, and Amendments To Correct References2015-Feb-092015-02465The Securities and Exchange Commission (``SEC'' or ``Commission'') is making technical amendments to update control numbers assigned to information collection requirements of the Commission by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980.
Energy Department -- Technical Amendments: Transfer of Office Functions2015-Jan-302015-01778The Department of Energy (DOE) has reorganized its Office of Health, Safety and Security by dividing the office into two separate organizations: The Office of Environment, Health, Safety and Security and the Office of Enterprise Assessments. The Office of Environment, Health, Safety and Security's mission is to provide corporate leadership and strategic approaches for protecting DOE's workers, the public, the environment and national security assets. This objective is accomplished through developing corporate policies and standards and providing guidance on their implementation; sharing operating experience, lessons learned, and best practices; and providing assistance and supporting services to line management with the goal of mission success as DOE's environment, health, safety and security advocate. The Office of Enterprise Assessments administers the Department's Congressionally-mandated enforcement functions in the areas of worker safety and health, nuclear safety, and security, and provides independent assessments of Departmental performance in the areas of security, worker safety and health, nuclear safety and the environment. This final rule makes technical amendments to DOE's regulations to substitute the officials to whom or offices to which functions have been transferred pursuant to the reorganization of offices and functions. This regulation does not alter substantive rights or obligations under current law.
Nuclear Regulatory Commission -- Organizational Changes and Conforming Amendments2014-Dec-192014-29664The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to reflect internal organizational changes and conforming amendments. These changes include adding the address for a new NRC building at headquarters, removing references to several committees that no longer exist, adding the Computer Security Office, removing all references to the Office of Federal and State Materials and Environmental Management Programs because that office has merged with the Office of Nuclear Material Safety and Safeguards, and making conforming amendments throughout the regulations to reflect this office merger.
Nuclear Regulatory Commission -- Approval of American Society of Mechanical Engineers' Code Cases; Technical Corrections2014-Dec-112014-29037The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make technical corrections, including adding three inadvertently omitted addenda to Section XI, ``Rules for Inservice Inspection of Nuclear Reactor Coolant Systems,'' of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel (B&PV) Code to the list of documents approved for incorporation by reference; and correcting a footnote number. This final rule is necessary to inform the public of these non-substantive changes to the NRC's regulations.
Nuclear Regulatory Commission -- Miscellaneous Corrections2014-Nov-102014-26595The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include updating the address for the NRC's Public Document Room (PDR), updating a footnote, correcting mathematical errors, correcting references, correcting typographical and grammatical errors, and revising language for clarity and consistency. This final rule also makes changes to the time period by which a Federal agency must refer a debt for collection through offset, and makes conforming changes to the regulations to reflect the transfer of Mississippi to NRC Region IV.
Nuclear Regulatory Commission -- Approval of American Society of Mechanical Engineers' Code Cases2014-Nov-052014-25491The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference the latest revisions of three NRC Regulatory Guides (RGs) approving new and revised Code Cases published by the American Society of Mechanical Engineers. This action allows nuclear power plant licensees, and applicants for construction permits, operating licenses, combined licenses, standard design certifications, standard design approvals, and manufacturing licenses, to use the Code Cases listed in these RGs, as alternatives to engineering standards for the construction, inservice inspection, and inservice testing of nuclear power plant components. This final rule changes NRC's regulations to address a petition for rulemaking (PRM), PRM-50-89, submitted by Mr. Raymond West. The final rule also restructures the NRC's requirements governing Codes and standards to align with the Office of the Federal Register's guidelines for incorporating documents by reference. This final rule announces the availability of the final versions of the three RGs that are being incorporated by reference, and a related RG, not incorporated by reference into the NRC's regulations, that lists Code Cases that the NRC has not approved for use. For additional information on these RGs, see Section XVII, Availability of Regulatory Guides, of this document.
Nuclear Regulatory Commission -- Definition of a Utilization Facility2014-Oct-172014-24733The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to add SHINE Medical Technologies, Inc.'s (SHINE) proposed accelerator-driven subcritical operating assemblies to the NRC's definition of a ``utilization facility.'' In 2013, SHINE submitted a two-part construction permit application for a medical radioisotope production facility that SHINE proposes to build in Janesville, Wisconsin. The proposed accelerator-driven subcritical operating assemblies, to be housed in SHINE's irradiation facility, would be used to produce molybdenum-99, a radioisotope used in medical imaging and other radioisotopes used for medical purposes. This rule allows NRC staff to conduct an efficient and effective licensing review of the SHINE construction permit application and any subsequent operating license application.
State Department -- Amendment to the International Traffic in Arms Regulations: Corrections, Clarifications, and Movement of Definitions2014-Oct-102014-23792In an effort to streamline, simplify and clarify the recent revisions to the International Traffic in Arms Regulations (ITAR) made pursuant to the President's Export Control Reform (ECR) initiative, the Department of State is amending the ITAR as part of the Department of State's retrospective plan under Executive Order 13563 completed on August 17, 2011.
Defense Department -- DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC)2014-Sep-172014-22034This interim final rule establishes policy, assigns responsibilities, and prescribes procedures for investigating and adjudicating eligibility to hold the DoD Common Access Card (CAC). The CAC is the DoD personal identity verification (PIV) credential. Individuals appropriately sponsored for a DoD CAC must be investigated and adjudicated in accordance with this part. Prior to this rule, DoD components have been implementing investigative and adjudicative requirements for Homeland Security Presidential Directive--12 (HSPD-12) based solely on broad guidance issued by the U.S. Office of Personnel Management (OPM). This interim final rule elaborates on OPM guidance for component adjudicators who determine, based on review of investigative case files, whether to grant CAC eligibility to individuals who require: Physical access to DoD facilities or non-DoD facilities on behalf of DoD; logical access to information systems (whether on site or remotely); or remote access to DoD networks that use only the CAC logon for user authentication. The adjudicator's role is discussed further in the SUPPLEMENTARY INFORMATION. The interim final rule provides the adjudicator with conditions that may be disqualifying and circumstances relevant to the determination of whether there is a reasonable basis to believe there is an unacceptable risk.
Interior Department -- Privacy Act Regulations; Exemption for the Incident Management, Analysis and Reporting System2014-Sep-022014-20744The Department of the Interior is issuing a final rule to amend its regulations to exempt certain records in the Incident Management, Analysis and Reporting System from one or more provisions of the Privacy Act because of criminal, civil, and administrative law enforcement requirements.
Interior Department -- Privacy Act Regulations; Exemption for the Debarment and Suspension Program2014-Aug-192014-19651The Department of the Interior is issuing a final rule to amend its regulations to exempt certain records of the Debarment and Suspension Program system of records from particular provisions of the Privacy Act because these records contain investigatory material.
Homeland Security Department -- Classified National Security Information2014-Jul-302014-17836The Department of Homeland Security (DHS) is revising its procedures for managing classified national security information. DHS is updating its regulations to incorporate new and revised procedures pursuant to Executive Order 13526, ``Classified National Security Information.'' Further, DHS is delegating to the Chief Security Officer of DHS the responsibility of serving as the ``Senior Agency Official'' pursuant to Executive Order 13526. The Chief Security Officer acted in this capacity under the predecessor Executive Order as well. Finally, DHS is also removing outdated regulations dealing with classified national security information at 44 CFR part 8.
Nuclear Regulatory Commission -- Export Controls and Physical Security Standards2014-Jul-102014-15828The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the export and import of nuclear materials and equipment. This rulemaking is necessary to conform the export controls of the United States to the international export control guidelines of the Nuclear Suppliers Group (NSG), of which the United States is a member, and to incorporate by reference the current version of the International Atomic Energy Agency's (IAEA) document, ``Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/Revision 5), January 2011.'' Also, this final rule makes certain editorial revisions, and corrects typographical errors.
State Department -- National Security Information Regulations2014-Jun-252014-14879The Department of State revises its regulations governing the classification of national security information that is under the control of the Department in order to reflect the provisions of a new executive order on national security information, E.O. 13526 and its implementing directive in Information Security Oversight Office regulations. This revision also reflects consequent changes in the Department's procedures since the last revision of the Department's regulations on this subject in 2004. These changes include some changes in the classification categories, in the rules governing the sharing of other-agency classified information, and in granting access to classified information to certain former government personnel. This regulation does not apply to information classified as Restricted Data (RD) or Formerly Restricted Data (FRD). Requirements for classifying and declassifying RD and FRD can be found in Department of Energy regulations on Nuclear Classification and Declassification, or in a Department of State regulation or internal order implementing those regulations.
State Department -- Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV2014-May-132014-10806As part of the President's Export Control Reform (ECR) effort, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to revise Category XV (Spacecraft and Related Articles) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control in that category. The revisions contained in this rule are part of the Department of State's retrospective plan under Executive Order 13563 completed on August 17, 2011. This rule is published as an interim final rule because the Department believes that substantial national security benefits will flow from the changes to the controls on spacecraft and related items, but acknowledges that additional analysis of and public comment on the control thresholds for remote sensing satellites are warranted.
Defense Department -- National Industrial Security Program2014-Apr-092014-07826This DoD interim final rule (rule) assigns responsibilities and establishes requirements related to the National Industrial Security Program (NISP) to ensure maximum uniformity and effectiveness for both DoD and non-DoD Components, as defined in this rule, for which the Department serves as the Cognizant Security Agency (CSA) and provides industrial security services in accordance with Executive Order (EO) 12829, ``National Industrial Security Program.'' The rule provides guidance on the procedures used to ensure classified information will be properly safeguarded if a contractor has reported foreign ownership, control or influence (FOCI) information which DoD must evaluate, mitigate, or negate as appropriate. The rule also provides guidance for the evaluation, mitigation, and/or negation of FOCI information reported by a company, as defined in the rule, which is in process for a facility security clearance (FCL).
Nuclear Regulatory Commission -- Performance-Based Emergency Core Cooling Systems Cladding Acceptance Criteria2014-Mar-242014-05562The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to revise the acceptance criteria for the emergency core cooling system (ECCS) for light-water nuclear power reactors. The proposed ECCS acceptance criteria are performance-based, and reflect recent research findings that identified new embrittlement mechanisms for fuel rods with zirconium alloy cladding under loss-of- coolant accident (LOCA) conditions. The proposed rule also addresses two petitions for rulemaking (PRMs) by establishing requirements applicable to all fuel types and cladding materials, and requiring the consideration of crud, oxide deposits, and hydrogen content in zirconium-based alloy fuel cladding. Further, the proposed rule contains a provision that would allow licensees to use an alternative risk-informed approach to evaluate the effects of debris for long-term cooling. The NRC is also seeking public comment on three draft regulatory guides that would support the implementation of the proposed rule.
Nuclear Regulatory Commission -- Deliberate Misconduct Rule and Hearings on Challenges to the Immediate Effectiveness of Orders2014-Feb-112014-02570The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations concerning deliberate misconduct by licensees and other persons otherwise subject to the NRC's jurisdiction (known as the ``Deliberate Misconduct Rule'') and its regulations concerning challenges to immediately effective orders issued by the NRC. This proposed rule would incorporate the concept of ``deliberate ignorance'' as an additional basis on which to take enforcement action against persons who violate any of the NRC's Deliberate Misconduct Rule provisions. The NRC is also proposing to amend its regulations regarding challenges to the immediate effectiveness of NRC enforcement orders to clarify that the NRC staff has the burden of persuasion in showing that adequate evidence supports the grounds for the order and that immediate effectiveness is warranted and to clarify the authority of the NRC's presiding officer to order live testimony in resolving these challenges.
State Department -- Amendment to the International Traffic in Arms Regulations: Changes to Authorized Officials and the UK Defense Trade Treaty Exemption; Correction of Errors in Lebanon Policy and Violations; and Adoption of Recent Amendments as Final2014-Feb-112014-02293The Department of State is amending the International Traffic in Arms Regulations (ITAR) to remove the managing director as an authorized official, update the marking and reporting requirements for the UK defense treaty exemption, correct a typographical error in the paragraph on export policy regarding Lebanon, and correct an error of syntactical arrangement in a section of the regulations regarding violations. The Department is also adopting as a final rule certain sections of the ITAR that were published in an interim final rule.
Nuclear Regulatory Commission -- Miscellaneous Corrections; Corrections2013-Dec-122013-29694The U.S. Nuclear Regulatory Commission (NRC) published a final rule in the Federal Register on June 7, 2013, to make miscellaneous corrections to its regulations. The final rule contained minor errors in grammar, punctuation, and referencing. This document corrects the final rule by amending the sections that contain these errors.
Commerce Department -- Changes To Implement the Hague Agreement Concerning International Registration of Industrial Designs2013-Nov-292013-28262Title I of the Patent Law Treaties Implementation Act of 2012 (``PLTIA'') amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (``Hague Agreement'') and is to take effect on the entry into force of the Hague Agreement with respect to the United States. The Hague Agreement provides that an applicant is entitled to apply for design protection in Hague Agreement member countries and with intergovernmental organizations by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office (USPTO or Office) proposes changes to the rules of practice to implement title I of the PLTIA.
State Department -- Amendment to the International Traffic in Arms Regulations: Initial Implementation of Export Control Reform; Correction2013-Oct-032013-24235The Department of State is correcting a final rule that appeared in the Federal Register of April 16, 2013.
Energy Department -- Human Reliability Program: Technical Amendments2013-Sep-122013-22231The Department of Energy (DOE) is amending its Human Reliability Program (HRP) regulations to eliminate references to obsolete provisions and to update part 712 to reflect organizational changes within the DOE. Today's regulatory amendments do not alter substantive rights or obligations under current law.
State Department -- Amendment to the International Traffic in Arms Regulations: Registration and Licensing of Brokers, Brokering Activities, and Related Provisions2013-Aug-262013-20743The Department of State is issuing this interim final rule amending the International Traffic in Arms Regulations (ITAR) relating to brokers and brokering activities and to related provisions of the ITAR. These amendments clarify registration requirements, the scope of brokering activities, prior approval requirements and exemptions, procedures for obtaining prior approval and guidance, and reporting and recordkeeping of such activities. Conforming and technical changes are made to other parts of the ITAR that affect export as well as brokering activities. The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563 completed on August 17, 2011.
Energy Department -- Hearing Officer and Administrative Judge2013-Aug-232013-20597DOE is amending its regulations which set forth the procedures for processing complaints by employees of DOE contractors alleging retaliation by the employers for disclosure of certain information, for participation in congressional proceedings, or for refusal to participate in dangerous activities, and which set forth the procedures for resolving questions concerning eligibility for DOE authorization to access classified matter or special nuclear material by replacing the term ``Hearing Officer'' with ``Administrative Judge.''
Nuclear Regulatory Commission -- Facility Security Clearance and Safeguarding of National Security Information and Restricted Data2013-Aug-072013-18944The U.S. Nuclear Regulatory Commission (NRC) is proposing to update its regulations to standardize the frequency of required security education training for employees of NRC licensees possessing security clearances so that such training will be conducted annually consistent with the objectives of Executive Order 13526, Classified National Security Information. The rule would allow licensees flexibility in determining the means and methods for providing this training. This action would establish uniformity in the frequency of licensee security education and training programs and enhances the protection of classified information.
Nuclear Regulatory Commission -- Facility Security Clearance and Safeguarding of National Security Information and Restricted Data2013-Aug-072013-18947The U.S. Nuclear Regulatory Commission (NRC) is updating its regulations to standardize the frequency of required security education training for employees of NRC licensees possessing security clearances so that such training will be conducted annually consistent with the objectives of Executive Order 13526, Classified National Security Information. The rule allows licensees flexibility in determining the means and methods for providing this training. This action establishes uniformity in the frequency of licensee security education and training programs and enhances the protection of classified information.
Interior Department -- Privacy Act Regulations2013-Aug-012013-18223The Department of the Interior is proposing to amend its regulations to exempt certain records in the Incident Management, Analysis and Reporting System from one or more provisions of the Privacy Act because of criminal, civil, and administrative law enforcement requirements.
State Department -- Amendment to the International Traffic in Arms Regulations: Continued Implementation of Export Control Reform2013-Jul-082013-16145As part of the President's Export Control Reform (ECR) effort, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to revise four more U.S Munitions List (USML) categories and provide new definitions and other changes. The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563.
Nuclear Regulatory Commission -- Approval of American Society of Mechanical Engineers' Code Cases2013-Jun-242013-15022The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to incorporate by reference the latest revisions of three regulatory guides (RGs) approving new and revised Code Cases published by the American Society of Mechanical Engineers (ASME). This proposed action would allow nuclear power plant licensees, and applicants for construction permits (CPs), operating licenses (OLs), combined licenses (COLs), standard design certifications, standard design approvals and manufacturing licenses, to use the Code Cases listed in these RGs as alternatives to engineering standards for the construction, inservice inspection (ISI), and inservice testing (IST) of nuclear power plant components. This rulemaking also includes consideration of a petition for rulemaking (PRM), PRM-50-89, submitted by Mr. Raymond West. This rulemaking also proposes resequencing NRC's requirements governing Codes and standards in order to comply with the Office of the Federal Register's (OFR) guidelines for incorporation by reference.
Nuclear Regulatory Commission -- Miscellaneous Corrections2013-Jun-072013-13539The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. These changes include updating the name of its human capital office, correcting and adding missing cross-references, correcting grammatical errors, revising language for clarity and consistency, and specifying metric units. This document is necessary to inform the public of these non-substantive changes to the NRC's regulations.
Science and Technology Policy Office -- Implementation of the Freedom of Information Act2013-Jun-042013-13072The White House Office of Science and Technology Policy (OSTP) issues this final rule to implement the Freedom of Information Act (FOIA), as amended. This final rule implements the requirement of the FOIA by setting forth procedures for requesting access to, and making disclosures of, information contained by OSTP. This final rule contains provisions to comply with the President's January 21, 2009, Executive Memoranda on ``The Freedom of Information Act'' and ``Transparency and Open Government,'' and Attorney General Holder's March 19, 2009, Memorandum on ``The Freedom of Information Act (FOIA).'' In addition, this rule reflects OSTP's policy and practices and reaffirms its commitment to provide the fullest possible disclosure of records to the public.
Housing and Urban Development Department -- Revision of Freedom of Information Act Regulation2013-May-312013-12604This proposed rule would amend HUD's regulations implementing the Freedom of Information Act (FOIA). HUD is proposing these amendments to update and streamline HUD's current FOIA regulation. This proposed rule would update HUD's regulations to reflect statutory changes to FOIA, current HUD organizational structure, and current HUD policies and practices with respect to FOIA. Finally, the rule would use current cost figures in calculating and charging fees.
State Department -- Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV and Definition of “Defense Service”2013-May-242013-11985As part of the President's Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Category XV (Spacecraft Systems and Related Articles) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The definition of ``defense service'' is to be revised to, among other changes, specifically include the furnishing of assistance for certain spacecraft related activities. The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563 completed on August 17, 2011.
Nuclear Regulatory Commission -- Revisions to the Petition for Rulemaking Process2013-May-032013-10117The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to streamline its process for addressing petitions for rulemaking (PRMs). The proposed amendments are intended to improve transparency and make the PRM process more efficient and effective.
Nuclear Regulatory Commission -- Addition of South Sudan to the Restricted Destinations List2013-Feb-062013-02620The U.S. Nuclear Regulatory Commission (NRC) is amending its export and import regulations by adding South Sudan to the list of restricted destinations. This amendment is necessary to conform the NRC's regulations with U.S. Government foreign policy.
Energy Department -- Criteria and Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material: Technical Amendments2012-Dec-042012-29234DOE is amending its regulations at 10 CFR part 710, which sets forth the policies and procedures for resolving questions concerning eligibility for DOE access authorization, to revise a provision concerning designation of an acting official and to update the official's title. Specifically, the duties assigned to the Principal Deputy for Mission Support Operations (formerly, the Deputy Chief for Operations), Office of Health, Safety and Security, may now be exercised by a person or persons designated in writing as acting for, or in the temporary capacity of, that official. Currently, the part 710 regulations state that this official's duties may be exercised by another individual only in the official's absence. Today's final rule also revises one title: ``Principal Deputy for Mission Support Operations'' replaces ``Deputy Chief for Operations''.
Federal Communications Commission -- Commission's Rules Regarding the Office of Managing Director and the Office of Inspector General2012-Dec-042012-29150In this document, the Federal Communications Commission (Commission) amends its rules to reassign to the Office of Managing Director (OMD) certain audit activities formerly assigned to the Office of Inspector General (OIG). The activities concern oversight of the annual audit of the Universal Service Administrative Corporation (USAC) required by the Commission's rules. In addition, the Commission delegates of authority to OMD, in consultation with the Office of General Counsel, to issue subpoenas concerning matters within its jurisdiction.
Federal Communications Commission -- Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 20122012-Oct-152012-25235In this document, the Public Safety and Homeland Security Bureau (Bureau) of the Commission implemented certain provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Safety Spectrum Act) governing deployment of a nationwide public safety broadband network in the 700 MHz band. Pursuant to clear statutory directives, the Bureau reallocated the D Block (758-763/788-793 MHz) for ``public safety services'' and delete Commission rules that are plainly inconsistent with this revised allocation; deleted the rules establishing, providing license authority with respect to, and governing operations under the Public Safety Broadband License in the existing public safety broadband spectrum; and adopted rules implementing the clear mandate of the Public Safety Spectrum Act to grant a license with respect to the public safety broadband spectrum (763-768/793-798 MHz), guard band (768-769/798-799 MHz), and the D Block to the First Responder Network Authority (FirstNet). By eliminating any confusion or uncertainty about the new regulatory framework applicable to the public safety broadband network, these action takes further steps necessary to facilitate the transition of this spectrum to FirstNet as required by the Act.
Nuclear Regulatory Commission -- Requirements for Maintenance of Inspections, Tests, Analyses, and Acceptance Criteria2012-Aug-282012-21207The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations related to verification of nuclear power plant construction activities through inspections, tests, analyses, and acceptance criteria (ITAAC) under a combined license, and issuing a revision to Regulatory Guide (RG) 1.215, ``Guidance for ITAAC Closure Under 10 CFR [Title 10 of the Code of Federal Regulations] Part 52.'' The final rule contains new provisions that apply after a licensee has completed an ITAAC and submitted an ITAAC closure notification. The new provisions require licensees to report new information materially altering the basis for determining that inspections, tests, or analyses were performed as required, or that acceptance criteria are met, and to notify the NRC of the completion of all ITAAC activities. In addition, the NRC is including editorial corrections to existing language in the NRC's regulations to make that language consistent with language in the Atomic Energy Act of 1954, as amended (AEA). Regulatory Guide 1.215 describes a method that the staff of the NRC considers acceptable for use in satisfying the requirements for documenting the completion of ITAAC.
Commerce Department -- Changes To Implement the Inventor's Oath or Declaration Provisions of the Leahy-Smith America Invents Act2012-Aug-142012-17907The United States Patent and Trademark Office (Office) is revising the rules of practice to implement the inventor's oath or declaration provisions of the Leahy-Smith America Invents Act (AIA). The AIA permits a person to whom the inventor has assigned, or is under an obligation to assign, the invention, or who otherwise shows sufficient proprietary interest in the matter, to make the application for patent. The AIA also streamlines the requirements for the inventor's oath or declaration, and permits a substitute statement in lieu of an oath or declaration in certain circumstances. The Office is revising the rules of practice relating to the inventor's oath or declaration, including reissue oaths or declarations, and substitute statements signed by a person other than an inventor, and to provide for assignments containing oath or declaration statements. Additionally, the Office is revising the rules of practice relating to the inventor's oath or declaration to allow applicants to postpone filing the inventor's oath or declaration until the application is otherwise in condition for allowance. Finally, to better facilitate processing of patent applications, the Office is revising and clarifying the rules of practice for power of attorney and prosecution of an application by an assignee.
Commerce Department -- Changes To Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act2012-Aug-062012-18530The Leahy-Smith America Invents Act (AIA) expands the scope of information that any party may cite in a patent file to include written statements of a patent owner filed in a proceeding before a Federal court or the United States Patent and Trademark Office (Office) regarding the scope of any claim of the patent, and provides for how such information may be considered in ex parte reexamination, inter partes review, and post grant review. The AIA also provides for an estoppel that may attach with respect to the filing of an ex parte reexamination request subsequent to a final written decision in an inter partes review or post grant review proceeding. The Office is revising the rules of practice to implement these post-patent provisions, as well as other miscellaneous provisions, of the AIA.
Nuclear Regulatory Commission -- Access Authorization Fees; Correction2012-Aug-032012-18934The U.S. Nuclear Regulatory Commission (NRC) is correcting the preamble, or statement of considerations (SOC), and codified text in a direct final rule that was published in the Federal Register on May 3, 2012 (77 FR 26149) and confirmed on June 22, 2012 (77 FR 37553). The direct final rule amended the NRC's access authorization fees charged to licensees for work performed under the Material Access Authorization Program (MAAP) and the Information Access Authority Program (IAAP). This document is necessary to correct an email address, a codification error, a misspelled abbreviation, and the authority citations.
Nuclear Regulatory Commission -- Amendments to Adjudicatory Process Rules and Related Requirements2012-Aug-032012-18278The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its adjudicatory rules of practice. This rule makes changes to the NRC's adjudicatory process that the NRC believes will promote fairness, efficiency, and openness in NRC adjudicatory proceedings. This rule also corrects errors and omissions that have been identified since the major revisions to the NRC's rules of practice in early 2004.
National Archives and Records Administration -- The Interagency Security Classification Appeals Panel (ISCAP) Bylaws, Rules, and Appeal Procedures2012-Jul-092012-16655The Interagency Security Classification Appeals Panel (ISCAP) is a Presidential panel that decides on certain classification and declassification issues, as established in Executive Order 13526, Classified National Security Information, December 29, 2009, section 5.3(a)(1), and the E.O.'s implementing directives. Section 5.3(c) of the E.O. directs ISCAP to issue bylaws, rules, and procedures and to publish them in the Federal Register. ISCAP previously published its bylaws as a regulatory appendix, Classified National Security Information Directive No. 1. This rule revamps ISCAP's bylaws and appellate procedures and publishes them in their own part for easier access.
Nuclear Regulatory Commission -- Receipts-Based, Small Business Size Standard2012-Jul-032012-16252The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending the size standard that it uses to qualify an NRC licensee as a ``small entity'' under the Regulatory Flexibility Act of 1980, as amended. The NRC is increasing its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for nonmanufacturing industries. The SBA adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation.
Nuclear Regulatory Commission -- Receipts-Based, Small Business Size Standard2012-Jul-032012-16258The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend the size standard that it uses to qualify an NRC licensee as a ``small entity'' under the Regulatory Flexibility Act of 1980, as amended. The NRC is proposing to increase its receipts-based, small business size standard from $6.5 million to $7 million to conform to the standard set by the Small Business Administration (SBA). This size standard reflects the most commonly used SBA size standard for nonmanufacturing industries. The SBA adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation.
Nuclear Regulatory Commission -- Export and Import of Nuclear Equipment and Material; Export of International Atomic Energy Agency Safeguards Samples2012-May-092012-11163The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations pertaining to the export and import of nuclear materials and equipment. This rulemaking is necessary to reflect the nuclear non-proliferation policy of the Executive Branch regarding U.S. Government obligations to the International Atomic Energy Agency (IAEA). Also, this final rule makes certain editorial revisions, and corrects typographical errors.
Nuclear Regulatory Commission -- Access Authorization Fees2012-May-032012-10711The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending the NRC's access authorization fees charged to licensees for work performed under the Material Access Authorization Program (MAAP) and the Information Access Authority Program (IAAP). The amended cost is due to an increase in the review time for each application for access authorization. The NRC's formula for calculating fees remains the same and is based on current Office of Personnel Management (OPM) investigation billing rates for background investigations. The formula is designed to recover the full cost of processing a request for access authorization from an NRC licensee.
Nuclear Regulatory Commission -- Access Authorization Fees2012-May-032012-10710The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its access authorization fees charged to licensees for work performed under the Material Access Authorization Program (MAAP) and the Information Access Authority Program (IAAP). The amended cost is due to an increase in the review time for each application for access authorization. The NRC's formula for calculating fees remains the same and is based on current Office of Personnel Management (OPM) billing rates for background investigations. The formula is designed to recover the full cost of processing a request for access authorization from an NRC licensee.
Nuclear Regulatory Commission -- Removal of Oman from the Restricted Destinations List2012-Feb-272012-4556The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its export and import regulations by removing Oman from the list of restricted destinations. This amendment is necessary to conform the NRC's regulations with U.S. Government foreign policy.
Agriculture Department -- Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal2012-Feb-062012-2639The Office of Procurement and Property Management of the Department of Agriculture (USDA) is withdrawing the December 1, 2011 (76 FR 74755) proposed rule adding a new clause to the Agriculture Acquisition Regulation at subpart 422.70 entitled ``Labor Law Violations'' that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws.
Agriculture Department -- Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal2012-Feb-062012-2638Due to the receipt of an adverse comment, the Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA) is withdrawing the December 1, 2011, (76 FR 74722) direct final rule adding a new clause to the Agriculture Acquisition Regulation at subpart 422.70 entitled ``Labor Law Violations'' that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws. The Department stated that in the event of an adverse comment being received by January 30, 2012, the direct final rule would be withdrawn in part or in whole. On January 27, 2012, USDA received a comment. USDA interprets this comment as adverse and, therefore, USDA is withdrawing the direct final rule.
Nuclear Regulatory Commission -- American Society of Mechanical Engineers (ASME) Codes and New and Revised ASME Code Cases; Corrections2012-Jan-232012-1212The U.S. Nuclear Regulatory Commission (NRC) is correcting the preamble, or statements of consideration (SOC), and the codified text in a final rule that was published in the Federal Register on June 21, 2011 (76 FR 36232). The final rule amended the NRC's regulations to incorporate by reference various editions and addenda to the ASME Boiler and Pressure Vessel (B&PV) Code, and the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code). The final rule also incorporated by reference (with conditions on their use) ASME B&PV Code Cases N-722-1 and N-770-1. This document is necessary to correct typographical, formatting, and punctuation errors.
National Archives and Records Administration -- Declassification of National Security Information2011-Dec-292011-33284The National Archives and Records Administration (NARA) is updating its regulations related to declassification of classified national security information in records transferred to NARA's legal custody. The rule incorporates changes resulting from issuance of Executive Order 13526, Classified National Security Information, and its Implementing Directive. These changes include establishing procedures for the automatic declassification of records in NARA's legal custody and revising requirements for reclassification of information to meet the provisions of E.O. 13526. Executive Order 13526 also created the National Declassification Center (NDC) with a mission to align people, processes, and technologies to advance the declassification and public release of historically valuable permanent records while maintaining national security. This rule will affect members of the public and Federal agencies.
State Department -- Amendment to the International Traffic in Arms Regulations: Registration and Licensing of Brokers, Brokering Activities, and Related Provisions2011-Dec-192011-32432The Department of State proposes to amend part 129 of the International Traffic in Arms Regulations (ITAR) relating to brokers and brokering activities. Amendments are also to be made to related provisions of the ITAR. The proposed revisions are intended to clarify registration requirements, the scope of brokering activities, prior approval requirements and exemptions, procedures for obtaining prior approval and guidance, and reporting and recordkeeping of such activities. Conforming and technical changes would be made to other parts of the ITAR that affect export as well as brokering activities.
Agriculture Department -- Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law Violations2011-Dec-012011-30875The Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA) proposes to amend the Agriculture Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law Violations.'' In the final rule section of the Federal Register, the Agency is publishing this action as a direct final rule without prior proposal because OPPM views this as a non- controversial action and expects no adverse comments. If no adverse comments are received in response to the direct final rule, no further action will be taken on this proposed rule, and the action will become effective at the time specified in the direct final rule. If the Agency receives adverse comments, a timely document will be published withdrawing the direct final rule, and all public comments received will be addressed in a subsequent final rule based on this action.
Agriculture Department -- Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law Violations2011-Dec-012011-30874The Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA) is amending the Agriculture Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law Violations.'' The rule is issued as a direct final rule. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under USDA's usual procedure for notice and comment to provide a procedural framework to finalize the rule. In the event that any significant adverse comments are received, this direct final rule will be withdrawn.
Nuclear Regulatory Commission -- Enhancements to Emergency Preparedness Regulations2011-Nov-232011-29735The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending certain emergency preparedness (EP) requirements in its regulations that govern domestic licensing of production and utilization facilities. The final rule adds a conforming provision in the regulations that govern licenses, certifications, and approvals for new nuclear power plants. The final rule codifies certain voluntary protective measures contained in NRC Bulletin 2005-02, ``Emergency Preparedness and Response Actions for Security-Based Events,'' and generically applicable requirements similar to those previously imposed by Commission orders. In addition, the final rule amends other licensee emergency plan requirements based on a comprehensive review of the NRC's EP regulations and guidance. The requirements enhance the ability of licensees in preparing to take and taking certain EP and protective measures in the event of a radiological emergency; address, in part, security issues identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent emergency plan implementation among licensees; and modify certain EP requirements to be more effective and efficient.
Nuclear Regulatory Commission -- Miscellaneous Administrative Changes2011-Nov-222011-29669The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to make miscellaneous administrative changes, including updating the street address for its Region IV office and correcting an authority citation and typographical and spelling errors, and other edits and conforming changes. This document is necessary to inform the public of these changes to the NRC's regulations.
Securities and Exchange Commission -- Rescission of Outdated Rules and Forms, and Amendments To Correct References2011-Nov-212011-29096The Securities and Exchange Commission (``Commission'') is adopting amendments to Commission rules and forms to correct references and remove certain rules, forms, and interpretive releases, to conform to changes in federal securities laws.
Central Intelligence Agency -- Freedom of Information Act Regulations2011-Sep-232011-21577Consistent with the Freedom of Information Act (FOIA), as amended by the ``Openness Promotes Effectiveness in our National Government Act of 2007,'' and Executive Orders 13526 and 13392, the Central Intelligence Agency (CIA) has undertaken and completed a review of its public FOIA regulations that govern certain aspects of its processing of FOIA requests. As a result of this review, the Agency proposes to revise its FOIA regulations to more clearly reflect the current CIA organizational structure, record system configuration, and FOIA policies and practices and to eliminate ambiguous, redundant and obsolete regulatory provisions. As required by the FOIA, the Agency is providing an opportunity for interested persons to submit comments on these proposed regulations.
Central Intelligence Agency -- Access by Historical Researchers and Certain Former Government Personnel2011-Sep-232011-21576Consistent with Executive Order 13526, the Central Intelligence Agency (CIA) has undertaken and completed a review of its public regulations on access by historical researchers and certain former government personnel. As a result of this review, the Agency has revised its access regulations to more clearly reflect the current CIA organizational structure and policies and practices, and to eliminate ambiguous, redundant and obsolete regulatory provisions. This rule is being issued as a final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act for rules of agency procedure and interpretation.
Central Intelligence Agency -- Mandatory Declassification Review2011-Sep-232011-21572Consistent with Executive Order 13526, the Central Intelligence Agency (CIA) has undertaken and completed a review of its public Mandatory Declassification Review (MDR) regulations that govern certain aspects of its processing of MDR requests. As a result of this review, the Agency has revised its MDR regulations to more clearly reflect the current CIA organizational structure and policies and practices, and to eliminate ambiguous, redundant and obsolete regulatory provisions. This rule is being issued as a final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act for rules of agency procedure and interpretation.
Central Intelligence Agency -- Classification Challenge Regulations2011-Sep-232011-21574Consistent with Executive Order 13526, the Central Intelligence Agency (CIA) has undertaken and completed a review of its public Classification Challenge regulations. As a result of this review, the Agency has revised its Classification Challenge regulations to more clearly reflect the current CIA organizational structure and policies and practices, and to eliminate ambiguous, redundant and obsolete regulatory provisions. This rule is being issued as a final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedures Act for rules of agency procedure and interpretation and the CIA Act.
Central Intelligence Agency -- Privacy Act2011-Sep-232011-21575Consistent with the Privacy Act (PA), the Central Intelligence Agency (CIA) has undertaken and completed a review of its public PA regulations that govern certain aspects of its processing of PA access and amendment requests. As a result of this review, the Agency proposes to revise its PA regulations to more clearly reflect the current CIA organizational structure and policies and practices, and to eliminate ambiguous, redundant and obsolete regulatory provisions. As required by the PA, the Agency is providing an opportunity for interested persons to submit comments on these proposed regulations.
Interior Department -- Amendment of Privacy Act Regulations, Request for Comments2011-Aug-222011-21306The Department of the Interior is amending its regulations to exempt certain records from particular provisions of the Privacy Act. Specifically, the Department proposes to exempt certain records of the newly-created Debarment and Suspension Program system of records from one or more provisions of the Privacy Act.
National Archives and Records Administration -- Declassification of National Security Information2011-Jul-082011-17128This proposed rule would update NARA's regulations related to declassification of classified national security information in records transferred to NARA's legal custody. The rule incorporates changes resulting from issuance of Executive Order 13526, Classified National Security Information, and its Implementing Directive. These changes include establishing procedures for the automatic declassification of records in NARA's legal custody and revising requirements for reclassification of information to meet the provisions of E.O. 13526. Executive Order 13526 also created the National Declassification Center (NDC) with a mission to align people, processes, and technologies to advance the declassification and public release of historically valuable permanent records while maintaining national security. This rule will affect members of the public and Federal agencies.
Nuclear Regulatory Commission -- American Society of Mechanical Engineers (ASME) Codes and New and Revised ASME Code Cases2011-Jun-212011-14652The NRC is amending its regulations to incorporate by reference the 2005 Addenda (July 1, 2005) and 2006 Addenda (July 1, 2006) to the 2004 ASME Boiler and Pressure Vessel Code, Section III, Division 1; 2007 ASME Boiler and Pressure Vessel Code, Section III, Division 1, 2007 Edition (July 1, 2007), with 2008a Addenda (July 1, 2008); 2005 Addenda (July 1, 2005) and 2006 Addenda (July 1, 2006) to the 2004 ASME Boiler and Pressure Vessel Code, Section XI, Division 1; 2007 ASME Boiler and Pressure Vessel Code, Section XI, Division 1, 2007 Edition (July 1, 2007), with 2008a Addenda (July 1, 2008); and 2005 Addenda, ASME OMa Code-2005 (approved July 8, 2005) and 2006 Addenda, ASME OMb Code-2006 (approved July 6, 2006) to the 2004 ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code). The NRC is also incorporating by reference (with conditions on their use) ASME Boiler and Pressure Vessel Code Case N-722-1, ``Additional Examinations for PWR Pressure Retaining Welds in Class 1 Components Fabricated with Alloy 600/82/182 Materials, Section XI, Division 1,'' Supplement 8, ASME approval date: January 26, 2009, and ASME Boiler and Pressure Vessel Code Case N-770-1, ``Alternative Examination Requirements and Acceptance Standards for Class 1 PWR Piping and Vessel Nozzle Butt Welds Fabricated With UNS N06082 or UNS W86182 Weld Filler Material With or Without Application of Listed Mitigation Activities, Section XI, Division 1,'' ASME approval date: December 25, 2009.
Nuclear Regulatory Commission -- Decommissioning Planning2011-Jun-172011-14267The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to improve decommissioning planning and thereby reduce the likelihood that any current operating facility will become a legacy site. The amended regulations require licensees to conduct their operations to minimize the introduction of residual radioactivity into the site, which includes the site's subsurface soil and groundwater. Licensees also may be required to perform site surveys to determine whether residual radioactivity is present in subsurface areas and to keep records of these surveys with records important for decommissioning. The amended regulations require licensees to report additional details in their decommissioning cost estimate (DCE), eliminate the escrow account and line of credit as approved financial assurance mechanisms, and modify other financial assurance requirements. The amended regulations require decommissioning power reactor licensees to report additional information on the costs of decommissioning and spent fuel management.
Nuclear Regulatory Commission -- Requirements for Maintenance of Inspections, Tests, Analyses, and Acceptance Criteria2011-May-132011-11679The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its regulations related to verification of nuclear power plant construction activities through inspections, tests, analyses, and acceptance criteria (ITAAC) under a combined license. Specifically, the NRC is proposing new provisions that apply after a licensee has completed an ITAAC and submitted an ITAAC closure notification. The new provisions would require licensees to report new information materially altering the basis for determining that either inspections, tests, or analyses were performed as required, or that acceptance criteria are met, and to notify the NRC of completion of all ITAAC activities. In addition, the NRC is proposing editorial corrections to existing language in the NRC's regulations to correct and clarify ambiguous language and make it consistent with language in the Atomic Energy Act of 1954, as amended (AEA).
Transportation Department -- Classified Information: Classification/Declassification/Access; Authority To Classify Information2011-Apr-082011-8292This final rule delegates various authorities vested in the Secretary of Transportation (Secretary) by Executive Order 13526 to originally classify information as SECRET or CONFIDENTIAL to the Administrator of the Federal Aviation Administration, and to the Assistant Administrator for Security and Hazardous Materials.
Nuclear Regulatory Commission -- Amendments to Adjudicatory Process Rules and Related Requirements2011-Feb-282011-4345The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its adjudicatory rules of practice. This proposed rule would make changes to the NRC's adjudicatory process that NRC believes will promote fairness, efficiency, and openness in NRC adjudicatory proceedings. This proposed rule would also correct errors and omissions that have been identified since the major revisions to the NRC's Rules of Practice in early 2004.
Nuclear Regulatory Commission -- Domestic Licensing of Production and Utilization Facilities; Updates to Incorporation by Reference of Regulatory Guides; Correction2010-Dec-102010-31084This document corrects a final rule that was published in the Federal Register on October 5, 2010 (75 FR 61321). The final rule amends the U.S. Nuclear Regulatory Commission's (NRC) regulations to incorporate by reference the latest revisions of two previously incorporated regulatory guides. This document is necessary to add a line of regulatory text that was inadvertently omitted from the final rule.
Nuclear Regulatory Commission -- Miscellaneous Administrative Changes2010-Nov-302010-29735The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to make miscellaneous administrative changes, including an update of the list of Agreement and Non-Agreement States, the merging of the Region II materials program with that of Region I, the correction of office titles associated with the Office of Nuclear Material Safety and Safeguards and the Office of Federal and State Materials and Environmental Management Programs, the inclusion of references to new Executive Order (E.O.) 13526, and other edits, corrections, and conforming changes. This document is necessary to inform the public of these changes to the NRC's regulations.
Nuclear Regulatory Commission -- Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events; Correction2010-Nov-262010-29757On January 3, 2010, the Nuclear Regulatory Commission (NRC or Commission) published in the Federal Register a final rule (75 FR 13) that amends the NRC's regulations in Title 10 of the Code of Federal Regulations (10 CFR) part 50, section 61a to provide alternate fracture toughness requirements for protection against pressurized thermal shock (PTS) events for pressurized water reactor (PWR) pressure vessels. On February 3, 2010, the NRC published in the Federal Register a correction to the final rule (75 FR 5495) to correct formatting and typographical errors. This document is necessary to further correct a typographical error that appears in the correction document.
Nuclear Regulatory Commission -- Domestic Licensing of Production and Utilization Facilities; Updates to Incorporation by Reference of Regulatory Guide2010-Oct-052010-24814The Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference the latest revisions of two previously incorporated regulatory guides (RGs) approving new and revised Code Cases published by the American Society of Mechanical Engineers (ASME). The RGs which are incorporated by reference are RG 1.84, ``Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,'' Revision 35, and RG 1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,'' Revision 16. This action allows nuclear power plant licensees, and applicants for standard design certifications, standard design approvals, and manufacturing licenses under the regulations that govern license certifications, and approves the nuclear power plants to use the Code Cases listed in these RGs as alternatives to requirements in the ASME Boiler and Pressure Vessel (BPV) Code regarding the construction and inservice inspection (ISI) of nuclear power plant components. Concurrent with this action, the NRC is publishing a notice of the issuance and availability of the RGs in the Federal Register. As a result of these related actions, the Code Cases listed in these RGs are incorporated by reference into the NRC's regulations and are deemed to be legally-binding NRC requirements.
State Department -- Amendment to the International Traffic in Arms Regulations: Export Exemption for Technical Data2010-Aug-272010-21450The Department of State is amending the International Traffic in Arms Regulations (ITAR) to clarify an exemption for technical data. The clarification is that the exemption covers technical data, regardless of media or format, sent or taken by a U.S. person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by that U.S. corporation or to a U.S. Government agency outside the United States.
State Department -- Amendment to the International Traffic in Arms Regulations: Commodity Jurisdiction2010-Aug-042010-19136The Department of State is amending the International Traffic in Arms Regulations (ITAR) to address electronic submission of a request for a commodity jurisdiction determination using ``Commodity Jurisdiction (CJ) Determination Form'' (Form DS-4076).
Nuclear Regulatory Commission -- Export and Import of Nuclear Equipment and Material; Updates and Clarifications2010-Jul-282010-18219The United States Nuclear Regulatory Commission (NRC) is amending its regulations that govern the export and import of nuclear equipment and material. This rule allows International Atomic Energy Agency Code of Conduct on the Safety and Security of Radioactive Sources Category 1 and 2 quantities of radioactive materials to be imported under a general license. This rule also revises the definition of ``radioactive waste'' and removes the definition of ``incidental radioactive material.'' In addition, this rule updates, clarifies, and corrects several provisions.
National Archives and Records Administration -- Classified National Security Information2010-Jun-282010-15443The Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA), is publishing this Directive as a final rule and pursuant to Executive Order 13526 (hereafter the Order), relating to classified national security information. The Executive order prescribes a uniform system for classifying, safeguarding, and declassifying national security information. It also establishes a monitoring system to enhance its effectiveness. This Directive sets forth guidance to agencies on original and derivative classification, downgrading, declassification, and safeguarding of classified national security information.
Justice Department -- FBI Records Management Division National Name Check Program Section User Fees2010-May-062010-10628This Final Rule sets out the Director of the FBI's authority to establish and collect fees for providing name-based background checks conducted by the National Name Check Program (NNCP) of the Records Management Division (RMD). The rule explains the methodology used to calculate the fees and provides that future fee adjustments will be made by notice published in the Federal Register.
Nuclear Regulatory Commission -- American Society of Mechanical Engineers (ASME) Codes and New and Revised ASME Code Cases2010-May-042010-9700The NRC proposes to amend its regulations to incorporate by reference the 2005 Addenda through 2008 Addenda of Section III, Division 1, and the 2005 Addenda through 2008 Addenda of Section XI, Division 1, of the ASME Boiler and Pressure Vessel Code (ASME B&PV Code); and the 2005 Addenda and 2006 Addenda of the ASME Code for Operation and Maintenance of Nuclear Power Plants (ASME OM Code). The NRC also proposes to incorporate by reference ASME Code Case N-722-1, ``Additional Examinations for PWR Pressure Retaining Welds in Class 1 Components Fabricated With Alloy 600/82/182 Materials Section XI, Division 1,'' and Code Case N-770, ``Alternative Examination Requirements and Acceptance Standards for Class 1 PWR [Pressurized- Water Reactor] Piping and Vessel Nozzle Butt Welds Fabricated with UNS N06082 or UNS W86182 Weld Filler Material with or without Application of Listed Mitigation Activities.''
Justice Department -- FBI Criminal Justice Information Services Division User Fees2010-Apr-132010-8385This Final Rule sets out the Director of the FBI's authority to establish and collect fees for providing fingerprint-based and name- based Criminal History Record Information (CHRI) checks and other identification services submitted by authorized users for noncriminal justice purposes, including employment and licensing. The FBI may set such fees at a level to include an amount to establish a fund to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. It further provides that future fee adjustments will be made by notice published in the Federal Register.
National Archives and Records Administration -- National Industrial Security Program Directive No. 12010-Apr-062010-7776The Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA), has amended National Industrial Security Program Directive No. 1. This amendment to Directive No. 1 provides guidance to agencies on release of certain classified information (referred to as ``proscribed information'') to contractors that are owned or under the control of a foreign interest and have had the foreign ownership or control mitigated by an arrangement known as an Special Security Agreement (SSA). To date, there has been no Federal standard across agencies on release of proscribed information to this group. This amendment provides standardization and consistency to the process across the Federal Government, and enables greater efficiency in determining the release of the information as appropriate. This amendment also moves the definitions section to the beginning of the part for easier use, and adds definitions for the terms ``Cognizant Security Office (CSO),'' ``National Interest Determination (NID),'' and ``Proscribed Information,'' to accompany the new guidelines. Finally, this amendment makes a minor typographical change to the authority citation to make it more accurate.
Nuclear Regulatory Commission -- Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events; Correcting Amendment2010-Mar-082010-4846The Nuclear Regulatory Commission (NRC) is revising its regulations to add a table that was inadvertently omitted in a correction document published on February 3, 2010 (75 FR 5495). The February 3, 2010 document corrected a final rule published on January 4, 2010 (75 FR 13), that amends the NRC's regulations to provide alternate fracture toughness requirements for protection against pressurized thermal shock (PTS) events for pressurized water reactor (PWR) pressure vessels.
Nuclear Regulatory Commission -- Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events2010-Jan-049-31146The Nuclear Regulatory Commission (NRC) is amending its regulations to provide alternate fracture toughness requirements for protection against pressurized thermal shock (PTS) events for pressurized water reactor (PWR) pressure vessels. This final rule provides alternate PTS requirements based on updated analysis methods. This action is desirable because the existing requirements are based on unnecessarily conservative probabilistic fracture mechanics analyses. This action reduces regulatory burden for those PWR licensees who expect to exceed the existing requirements before the expiration of their licenses, while maintaining adequate safety, and may choose to comply with the final rule as an alternative to complying with the existing requirements.
National Archives and Records Administration -- National Industrial Security Program Directive No. 12009-Nov-309-28517The Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA), is proposing to amend National Industrial Security Program Directive No. 1. This proposed amendment to Directive No. 1 provides guidance to agencies on release of certain classified information (referred to as ``proscribed information'') to contractors that are owned or under the control of a foreign interest and have had the foreign ownership or control mitigated by an arrangement known as a Special Security Agreement. Currently, there is no Federal standard across agencies on release of proscribed information to this group. The proposed amendment will provide standardization and consistency to the process across the Federal Government, and will enable greater efficiency in determining the release of the information as appropriate. This proposed amendment also moves the definitions section to the beginning of the part for easier use, and adds definitions for the terms ``Cognizant Security Office,'' ``National Interest Determination,'' and ``Proscribed Information,'' to accompany the new guidelines. Finally, this proposed amendment makes a minor typographical change to the authority citation to make it more accurate.
State Department -- Amendment to the International Traffic in Arms Regulations: Section 125.4(b)(9) Export Exemption for Technical Data2009-Nov-249-28181The Department of State is proposing to amend the International Traffic in Arms Regulations (ITAR) regarding an exemption for technical data, to clarify that the exemption covers technical data, regardless of media or format, sent or taken by a U.S. person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by that U.S. corporation or to a U.S. Government agency outside the United States.
Nuclear Regulatory Commission -- Performance-Based Emergency Core Cooling System Acceptance Criteria2009-Aug-139-19423This advance notice of proposed rulemaking (ANPR) presents a conceptual approach that the Nuclear Regulatory Commission (NRC) is considering in a rulemaking effort to revise the acceptance criteria for emergency core cooling systems (ECCSs) for light-water nuclear power reactors as currently required by NRC regulations that govern domestic licensing of production and utilization facilities. Revised ECCS acceptance criteria would reflect recent research findings that indicate the current criteria should be re-evaluated for all fuel cladding materials in all potential conditions. Further, the NRC is considering an approach that would expand the applicability of the rule to all current and future cladding materials, modify the reporting requirements, and address the issues raised in a petition for rulemaking (PRM) regarding crud and oxide deposits and hydrogen content in fuel cladding. With this ANPR, the NRC seeks comment on specific questions and issues for consideration related to this proposed conceptual approach to revising the ECCS acceptance criteria.
Nuclear Regulatory Commission -- Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements2009-Aug-109-18547The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern domestic licensing of production and utilization facilities and licenses, certifications, and approvals for nuclear power plants to allow current and certain future power reactor licensees and applicants to choose to implement a risk-informed alternative to the current requirements for analyzing the performance of emergency core cooling systems (ECCS) during loss-of-coolant accidents (LOCAs). The proposed amendments would also establish procedures and acceptance criteria for evaluating certain changes in plant design and operation based upon the results of the new analyses of ECCS performance.
Nuclear Regulatory Commission -- Industry Codes and Standards; Amended Requirements2009-Aug-059-18549The NRC is proposing to amend its regulation governing vessel head inspection requirements. This amendment would revise the upper range of the percentage of axial flaws permitted in a specimen set used in the qualification of nondestructive examination systems (procedures, personnel and equipment), for the performance of inservice inspection (ISI) of pressurized water reactor (PWR) upper reactor vessel head penetrations. This amendment is being proposed as a result of the withdrawal of a stakeholder's recommendation necessitated by a typographical error in the original recommendation with respect to the maximum percentage of flaws that should be oriented axially.
Nuclear Regulatory Commission -- Industry Codes and Standards; Amended Requirements2009-Aug-059-18546The NRC is amending its regulations governing vessel head inspection requirements. This amendment revises the upper range of the percentage of axial flaws permitted in a specimen set used for the qualification of nondestructive examination systems (procedures, personnel and equipment), which are used in the performance of inservice inspection (ISI) of pressurized water reactor (PWR) upper vessel head penetrations. This amendment is being made as a result of the withdrawal of a stakeholder's recommendation necessitated by a typographical error in the original recommendation with respect to the maximum percentage of flaws that should be oriented axially.
Nuclear Regulatory Commission -- Export and Import of Nuclear Equipment and Material; Updates and Clarifications2009-Jun-239-14679The United States Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that govern the export and import of nuclear equipment and material. In addition to updating, clarifying and correcting several provisions, this proposed rule would allow Category 1 and 2 quantities of materials listed in the Commission's regulations to be imported under a general license. The proposed rule would also revise the definition of ``radioactive waste'' and remove the definition of ``incidental radioactive material.''
Nuclear Regulatory Commission -- Consideration of Aircraft Impacts for New Nuclear Power Reactors2009-Jun-129-13582The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to require applicants for new nuclear power reactors to perform a design-specific assessment of the effects of the impact of a large, commercial aircraft. The applicant is required to use realistic analyses to identify and incorporate design features and functional capabilities to show, with reduced use of operator actions, that either the reactor core remains cooled or the containment remains intact, and either spent fuel cooling or spent fuel pool integrity is maintained. These requirements apply to applicants for new construction permits; new operating licenses that reference a new construction permit; new standard design certifications; renewal of any of the four existing design certifications if the design has not previously been amended to comply with the rule; new standard design approvals; manufacturing licenses that don't reference a standard design certification or standard design approval, or that reference a standard design certification issued before the effective date of the rule which has not been amended to comply with the rule; and combined licenses that don't reference a standard design certification, standard design approval, or manufactured reactor, or that reference a standard design certification issued before the effective date of the rule which has not been amended to comply with the rule. In addition, these amendments contain requirements for control of changes to any design features or functional capabilities credited to show that the facility can withstand the effects of an aircraft impact.
Nuclear Regulatory Commission -- Incorporation by Reference of Regulatory Guide 1.84, Revision 35, and Regulatory Guide 1.147, Revision 16, Into 10 CFR 50.55a2009-Jun-029-12751The NRC is proposing to amend its regulations to incorporate by reference the latest revisions of two regulatory guides (RG) that would approve new and revised code cases published by the American Society of Mechanical Engineers (ASME). These are RG 1.84, ``Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,'' Revision 35, and RG 1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,'' Revision 16. This action would allow the use of the code cases listed in these RGs as alternatives to requirements in the ASME Boiler and Pressure Vessel (BPV) Code regarding the construction and inservice inspection (ISI) of nuclear power plant components. Concurrent with this action, the NRC is publishing a notice of the issuance and availability of the RGs in the Federal Register.
Nuclear Regulatory Commission -- Enhancements to Emergency Preparedness Regulations2009-May-189-10947The Nuclear Regulatory Commission (NRC or Commission) is proposing to amend certain emergency preparedness (EP) requirements in its regulations that govern domestic licensing of production and utilization facilities. A conforming provision would also be added in the regulations that govern licenses, certifications, and approvals for new nuclear power plants. The proposed amendments would codify certain voluntary protective measures contained in NRC Bulletin 2005-02, ``Emergency Preparedness and Response Actions for Security-Based Events,'' and other generically applicable requirements similar to those previously imposed by Commission orders. They would also amend other licensee emergency plan requirements based on a comprehensive review of the NRC's EP regulations and guidance. The proposed requirements would enhance the ability of licensees in preparing to take and taking certain emergency preparedness and protective measures in the event of a radiological emergency; address, in part, security issues identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent emergency plan implementation among licensees; and modify certain EP requirements to be more effective and efficient.
Interior Department -- Amendment to the Freedom of Information Act Regulations2009-Apr-149-8206This document amends the Department of the Interior's (DOI) regulations implementing the Freedom of Information Act (FOIA), 5 U.S.C. 552. In particular, it: clarifies the time limit that requesters have for filing FOIA appeals; clarifies that requesters must include the required documentation with their appeals or their appeals may be rejected by the FOIA Appeals Officer; clarifies that requesters must file a FOIA request with each separate bureau/office from which they are seeking records; changes the language regarding requests for expedited processing to be consistent with the language used in the FOIA including removing a paragraph in that section pertaining to ``due process rights;'' makes the use of multitrack processing mandatory for all bureaus and offices; advises requesters that they may contact the bureau/office's FOIA Requester Service Center and the FOIA Public Liaison concerning the status of their requests; and includes current contact information for DOI's FOIA and Public Affairs/Office of Communications Contacts and its reading rooms (Headquarters). Additionally, the final rule revises the definitions of the terms: ``representative of the news media'' and ``freelance journalist'' in accordance with the Openness Promotes Effectiveness in Our National (OPEN) Government Act of 2007 (December 31, 2007). The term ``news'' is defined within the term ``representative of the news media.''
Nuclear Regulatory Commission -- Power Reactor Security Requirements2009-Mar-279-6102The Nuclear Regulatory Commission (NRC) is amending its security regulations and adding new security requirements pertaining to nuclear power reactors. This rulemaking establishes and updates generically applicable security requirements similar to those previously imposed by Commission orders issued after the terrorist attacks of September 11, 2001. Additionally, this rulemaking adds several new requirements not derived directly from the security order requirements but developed as a result of insights gained from implementation of the security orders, review of site security plans, implementation of the enhanced baseline inspection program, and NRC evaluation of force-on-force exercises. This rulemaking also updates the NRC's security regulatory framework for the licensing of new nuclear power plants. Finally, it resolves three petitions for rulemaking (PRM) that were considered during the development of the final rule.
Nuclear Regulatory Commission -- Regulatory Changes To Implement the Additional Protocol to the US/IAEA Safeguards Agreement2008-Dec-238-30054The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to implement the Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America (Additional Protocol). The Additional Protocol requires the U.S. to report additional information on various nuclear fuel cycle- related activities and to provide the International Atomic Energy Agency (IAEA) with access to those locations beyond the information currently reported for nuclear facilities under the existing Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America (Safeguards Agreement). The amended regulations codify the requirement for certain NRC and Agreement State licensees to report information and provide access under the Additional Protocol that are currently not subject to inspections or reporting under the Safeguards Agreement. These amendments enable the U.S. Government to meet its obligations related to the Safeguards Agreement and the Additional Protocol.
Housing and Urban Development Department -- Public Access to HUD Records Under the Freedom of Information Act (FOIA) and Production of Material or Provision of Testimony by HUD Employees: Revisions to Policies and Practices Regarding Subpoenas and Other Demands for Testimony2008-Nov-268-27872This final rule modifies HUD's policies and practices regarding responses to subpoenas and other demands for testimony of HUD employees, or for production of documents by HUD. This rule delegates authority to additional officials within HUD's Office of General Counsel and revises the criteria used to evaluate such demands. Finally, this rule eliminates unnecessary provisions covering HUD's response to demands in cases in which the United States is a party to the case in which testimony or documents are requested. This rule follows publication of an August 12, 2008 proposed rule, but makes no changes at this final rule stage.
Nuclear Regulatory Commission -- Protection of Safeguards Information2008-Oct-248-24904The 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, and published a revised proposed rule on October 31, 2006, to allow for public comment on changes to the proposed rule text made for the following reasons: In response to public comments, to reflect amendments to the AEA in the Energy Policy Act of 2005 (EPAct), and 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.
Justice Department -- FBI Records Management Division National Name Check Program Section User Fees2008-Sep-268-22710The FBI is authorized to establish and collect fees for providing fingerprint-based and name-based criminal history record information (CHRI) checks and other identification services submitted by authorized users for non-criminal justice purposes including employment and licensing. The fees may include an amount to establish a fund to defray expenses for the automation of criminal justice information services and associated costs. The proposed rule concerns the name-based checks conducted by the Records Management Division (RMD) in the National Name Check Program (NNCP). The rule explains the methodology used to calculate the revised fees and provides a proposed fee schedule. After public comment, a final rule and notice of the final fee schedule will be published in the Federal Register.
Nuclear Regulatory Commission -- Technical Specifications-Restoring the Original Paragraph Designations2008-Sep-248-22355The Nuclear Regulatory Commission (NRC) is amending its regulations to resolve an administrative issue raised in a petition for rulemaking (PRM) submitted by the Strategic Teaming and Resource Sharing (STARS) Integrated Regulatory Affairs Group (PRM-50-91). In this final rule, the NRC is restoring the original paragraph designations as existed in 10 CFR 50.36 before the 2007 Part 52 final rulemaking. This final rule eliminates the need for licensees to expend resources on administrative redesignations that have no safety benefit.
Nuclear Regulatory Commission -- Adjustment of Civil Penalties for Inflation2008-Sep-238-22172The Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum Civil Monetary Penalties (CMPs) it can assess under statutes within the jurisdiction of the NRC. These changes were mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended, (AEA) or any regulation or order issued under the AEA from $130,000 to $140,000 per violation per day. Further, the provisions concerning program fraud civil penalties are being amended by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $6,000 to $7,000 for each false claim or statement.
Nuclear Regulatory Commission -- Industry Codes and Standards; Amended Requirements2008-Sep-108-20624The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference the 2004 Edition of Section III, Division 1, and Section XI, Division 1, of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPV Code), and the 2004 Edition of the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) to provide updated rules for constructing and inspecting components and testing pumps, valves, and dynamic restraints (snubbers) in light-water nuclear power plants. The NRC also is incorporating by reference ASME Code Cases N-722, ``Additional Examinations for PWR [pressurized water reactor (PWR)] Pressure Retaining Welds in Class 1 Components Fabricated with Alloy 600/82/182 Materials, Section XI, Division 1,'' and N-729-1, ``Alternative Examination Requirements for PWR Reactor Vessel Upper Heads With Nozzles Having Pressure-Retaining Partial-Penetration Welds, Section XI, Division 1,'' both with conditions. The amendment also removes certain obsolete requirements specified in the NRC's regulations. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate by reference new editions and addenda of the ASME Codes and is intended to maintain the safety of nuclear reactors and make NRC activities more effective and efficient.
Housing and Urban Development Department -- Public Access to HUD Records Under the Freedom of Information Act (FOIA) and Production of Material or Provision of Testimony by HUD Employees: Revisions to Policies and Practices Regarding Subpoenas and Other Demands for Testimony2008-Aug-128-18282This proposed rule would modify HUD's policies and practices regarding responses to subpoenas and other demands for testimony of HUD employees, or for production of documents by HUD. This proposed rule would delegate authority to additional officials within HUD's Office of General Counsel and would revise the criteria used to evaluate such demands. Finally, this rule would eliminate unnecessary provisions covering HUD's response to demands in cases in which the United States is a party to the case in which testimony or documents are requested.
Nuclear Regulatory Commission -- Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events2008-Aug-118-18429The Nuclear Regulatory Commission (NRC) is considering the adoption of provisions regarding applicability of the rule and new provisions regarding procedures to perform surveillance data checks related to the updated fracture toughness requirements for protection against pressurized thermal shock (PTS) events for pressurized water reactor (PWR) pressure vessels. The NRC is considering these provisions as an alternative to the provisions previously noticed for public comment on October 3, 2007 (72 FR 56275).
Nuclear Regulatory Commission -- Price-Anderson Act Financial Protection Regulations and Elimination of Antitrust Reviews; Correction2008-Jul-318-17436On October 27, 2005 (70 FR 61885), the Nuclear Regulatory Commission (NRC) published a final rule revising its regulations to conform with the provisions of the Energy Policy Act of 2005 that, among other things, terminated the NRC's authority and responsibility to conduct antitrust reviews of future applications to construct or operate a nuclear reactor. Inadvertently, the final rule failed to remove some references to the NRC's authority and responsibility to conduct antitrust reviews. This rule removes those provisions.
Nuclear Regulatory Commission -- Administrative Changes2008-Jul-238-16730This final rule removes obsolete text, restores material removed inadvertently from the NRC's regulations, and makes administrative changes to the NRC's regulations to correct errors published in recent rulemaking documents. This final rule also updates the definition of a not-for-profit organization. This document is necessary to inform the public of these changes.
Justice Department -- FBI Criminal Justice Information Services Division User Fees2008-Jun-198-13819The FBI is authorized to establish and collect fees for providing fingerprint-based and name-based Criminal History Record Information (CHRI) checks and other identification services submitted by authorized users for noncriminal justice purposes including employment and licensing. The FBI may set such fees at a level to include an amount to establish a fund to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. The proposed rule explains the methodology used to calculate the revised fees, provides the proposed fee schedule, and advises that future fee adjustments will be made by notice published in the Federal Register. After public comment, a final rule and notice of the final fee schedule will be published concurrently in the Federal Register.
Securities and Exchange Commission -- Regional Office Reorganization2008-Jun-058-12244The Securities and Exchange Commission is amending its rules to reflect the reorganization of its former five regional and six district offices into eleven regional offices reporting directly to SEC Headquarters. The Commission also is correcting addresses appearing in its rules.
Nuclear Regulatory Commission -- Administrative Changes: NRC Region IV Address Change and Phone Number and E-mail Address Changes2008-May-288-11751The Nuclear Regulatory Commission (NRC) is amending its regulations to update the street address for its Region IV office, and to update a telephone number and e-mail address for the Office of Information Services (OIS). This document is necessary to inform the public of these changes to the NRC's regulations.
Homeland Security Department -- Privacy Act of 1974: Implementation of Exemptions; Law Enforcement Information Database (LEIDB)/Pathfinder2008-May-158-10893The Department of Homeland Security is giving concurrent notice of a system of records pursuant to the Privacy Act of 1974 for the United States Coast Guard's Law Enforcement Information Data Base (LEIDB)/ Pathfinder system. In this proposed rulemaking, the Department proposes to exempt this system of records from one or more provisions of the Privacy Act because of criminal, civil, intelligence and administrative enforcement requirements.
Homeland Security Department -- Privacy Act of 1974: Implementation of Exemptions: The Office of Intelligence and Analysis Enterprise Records System2008-May-158-10891The Department of Homeland Security is concurrently establishing a new system of records pursuant to the Privacy Act of 1974 [5 U.S.C. 552a], as amended, to cover records maintained by the Office of Intelligence and Analysis. These records were previously covered by the Department of Homeland Security, Homeland Security Operations Center Database [DHS/IAIP-001], last published in full text on April 18, 2005 [70 FR 20156]. In this proposed rulemaking, the Department of Homeland Security proposes to exempt this new system of records, entitled the Office of Intelligence and Analysis Enterprise Records System (ERS) [DHS/IA-001], from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k). As explained in the proposed rule, the exemption is necessary to avoid interference with the intelligence, counterterrorism, and other homeland security responsibilities, and any related law enforcement functions of the Department of Homeland Security and its Office of Intelligence and Analysis. Public comment is invited.
National Aeronautics and Space Administration -- Development Work for Industry in NASA Wind Tunnels2008-May-158-10799The National Aeronautics and Space Administration (NASA) is amending its regulations by removing part 1210. This amendment will allow Agency, Center, and wind tunnel facility operations manuals to provide guidance on project priority, facility utilization charges, and test preparation and conduct.
Homeland Security Department -- Privacy Act of 1974: Implementation of Exemptions; Maritime Awareness Global Network (MAGNET)2008-May-158-10897The Department of Homeland Security is giving concurrent notice of a revised and updated system of records pursuant to the Privacy Act of 1974 for the United States Coast Guard's Maritime Awareness Global Network (MAGNET) system. In this proposed rulemaking, the Department proposes to exempt this system of records from one or more provisions of the Privacy Act because of criminal, civil, intelligence and administrative enforcement requirements.
Central Intelligence Agency -- Freedom of Information Act; Implementation2008-Apr-178-8090Consistent with the Freedom of Information Act (FOIA), as amended by the ``Openness Promotes Effectiveness in our National Government Act of 2007,'' and Executive Order 13392, the Central Intelligence Agency (CIA) has undertaken and completed a review of its public FOIA regulations that govern certain aspects of its processing of FOIA requests. As a result of this review, the Agency proposes to revise its FOIA regulations to more clearly reflect the current CIA organizational structure, record system configuration, and FOIA policies and practices and to eliminate ambiguous, redundant and obsolete regulatory provisions. As required by the FOIA, the Agency is providing an opportunity for interested persons to submit comments on these proposed regulations.
Nuclear Regulatory Commission -- Power Reactor Security Requirements; Supplemental Proposed Rule2008-Apr-108-7582The Nuclear Regulatory Commission (NRC) is proposing to add new provisions regarding licensee procedures for responding to notifications of potential aircraft threat and for the mitigation of the loss of large areas of their facilities due to large fires or explosions. These provisions were previously noticed for public comment in the October 26, 2006 (71 FR 62664) proposed power reactor security rulemaking. The NRC is publishing this supplemental proposed rule notice to obtain additional stakeholder feedback on the additional regulatory text that has been added to these provisions since the original proposed rule was published for comment.
Nuclear Regulatory Commission -- Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information2008-Mar-108-4768The Nuclear Regulatory Commission (NRC or Commission) is amending its regulations to provide for expedited (and, in this case, ``interlocutory'') review by the Commission of orders on requests by potential parties for access to certain sensitive unclassified non- safeguards information (SUNSI) and Safeguards Information (SGI).
Nuclear Regulatory Commission -- Delegated Authority To Order Use of Procedures for Access to Certain Sensitive Unclassified Information2008-Feb-298-3824The Nuclear Regulatory Commission (NRC or Commission) is amending its rules of practice to delegate authority to the Office of the Secretary of the Commission to issue orders requiring the use of certain procedures for access to sensitive unclassified information in adjudicatory proceedings. The NRC is also making available final procedures that would allow potential parties to NRC adjudications to gain access to Sensitive Unclassified Non-Safeguards Information (SUNSI) or Safeguards Information (SGI).
Nuclear Regulatory Commission -- Minor Amendments: Re-organization2008-Jan-318-1646The Nuclear Regulatory Commission (NRC) is amending its regulations to reflect the addresses of two additional Headquarters buildings, the reorganization of the Office of Nuclear Materials Safety and Safeguards, the creation of the Office of Federal and State Materials and Environmental Management Programs, the reorganization of the Office of Nuclear Reactor Regulation, the creation of the Office of New Reactors, and other minor changes. This document is necessary to inform the public of these minor changes to NRC regulations.
Energy Department -- Workplace Substance Abuse Programs at DOE Sites2008-Jan-238-1084The Department of Energy (DOE) today publishes a final rule to amend the Department's regulations to decrease the random drug testing rate of DOE contractor employees in testing designated positions (TDP). Today's final rule also makes minor technical changes that delete: A sentence pertaining to specimen collection and handling in order to conform the section with the current U.S. Department of Health and Human Services' Mandatory Guidelines for Federal Workplace Drug Testing Programs; and obsolete references to the Personnel Security Assurance Program and the Personnel Assurance Program.
Nuclear Regulatory Commission -- Decommissioning Planning2008-Jan-228-574The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to improve decommissioning planning, and thereby reduce the likelihood that any current operating facility will become a legacy site. The amended regulations would require licensees to conduct their operations to minimize the introduction of residual radioactivity into the site, including subsurface soil and groundwater. Licensees also would be required to survey certain quantities or concentrations of residual radioactivity, including in subsurface areas, and keep records of surveys of subsurface residual radioactivity identified at the site with records important for decommissioning. The amended regulations would require licensees to report additional details in their decommissioning cost estimates, would eliminate two currently approved financial assurance mechanisms, and would modify the parent company guarantee and self-guarantee financial assurance mechanisms to authorize the NRC to require that guaranteed funds be immediately due and payable to a standby trust if the guarantor is in financial distress. Finally, the amended regulations would require decommissioning power reactor licensees to report additional information on the costs of decommissioning and spent fuel management.
Housing and Urban Development Department -- Implementation of OMB Guidance on Nonprocurement Debarment and Suspension2007-Dec-277-24908Following publication of a March 23, 2007, proposed rule, this final rule relocates HUD's regulations governing nonprocurement debarment and suspension to a new part in title 2 of the Code of Federal Regulations (CFR). The relocation is part of a governmentwide initiative to create one location where the public can access both the Office of Management and Budget (OMB) guidance for grants and agreements and the associated Federal agency implementing regulations. The new part adopts the OMB guidance on nonprocurement debarment and suspension and supplements it with HUD-specific clarifications and additions. The rule also makes conforming changes to HUD regulations referencing the nonprocurement debarment and suspension regulations. This regulatory action is an administrative simplification that would make no substantive change in HUD policy or procedures for nonprocurement debarment and suspension. This final rule takes into consideration the one public comment received on the March 23, 2007, proposed rule. To conform the rule to reflect the establishment of HUD's Office of Hearings and Appeals and more closely track the language of the OMB guidelines, this final rule adopts the proposed rule with minor changes.
Nuclear Regulatory Commission -- Incorporation by Reference of American Society of Mechanical Engineers Boiler and Pressure Vessel Code Cases2007-Dec-197-24478The Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference the latest revisions of two previously incorporated regulatory guides (RGs) that approve Code Cases published by the American Society of Mechanical Engineers (ASME). These RGs are 1.84, ``Design, Fabrication, and Materials Code Case Acceptability, ASME Section III,'' Revision 34, and RG 1.147, ``Inservice Inspection Code Case Acceptability, ASME Section XI, Division 1,'' Revision 15. This action allows licensees to use the Code Cases listed in the RGs as alternatives to requirements in the ASME Boiler and Pressure Vessel Code regarding the construction and inservice inspection of nuclear power plant components. Concurrent with this action, the NRC is publishing a notice of the issuance and availability of the final RGs. As a result of these related actions, the Code Cases listed in these RGs are incorporated by reference into the NRC's regulations.
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