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IN RESPONSE, PLEASE
REFER TO: M030327A

1. SECY-03-0019 - Final Rule: Part 2, Subpart G, Rules of General Applicability, "Availability of Official Records"

The Commission approved a final rule amending 10 CFR Part 2, Subpart G on availability of official records in three areas, subject to the attached changes. The amendments: (1) require those who submit documents claimed to contain proprietary or other confidential information to specifically mark those portions of the document containing such information to decrease the chances of inadvertent public release of the information by the NRC; (2) codify NRC's practices and delineate the circumstances under which the agency will not return confidential documents that have been submitted to the NRC; and (3) codify NRC's practices of making as many copies of copyrighted material submitted to the agency as it needs to perform its regulatory and licensing functions.

Following incorporation of these changes, the Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.

Attachment: Changes to the Federal Register Notice in SECY-03-0019

Attachment

Changes to the Federal Register Notice in SECY-03-0019

1. On page 3, last line, replace "modifiy" with "modify".

2. On page 5, 1^st paragraph, revise lines 8 and 9 to read '...apply to the functions of the Office of Investigations function. ...'

3. On page 5, last paragraph, revise lines 4, 5, and 6 to read '... proprietary information. Nonetheless, as this Although the Commission does had not proposed changes in its current document disclosure policy or practice, this issue it warrants a response as it representeds a fairly widespread concern among the comments received. ...'

4. On page 6, line 2, insert a comma after (5).

5. On page 6, line 5, replace "(FOIA)¹." with "(FOIA).¹"

6. On page 6, 1^st full paragraph, line 2, replace "law²," with "law,²"

7. On page 6, 1^st full paragraph, revise lines 4 and 5 to read '...the submitter. and t This authority has not been enhanced by the proposed changes and T there is nothing...'

8. On page 6, footnote 2, replace "U.S. Nuclear Regulatory Commission" with "NRC" ....

9. On page 7, revise line 6 to read '... of the public. Id., Public Citizen, ...'

10. On page 7, revise line 10 to read '... proprietary information, and t . There is no need ...'

11. On page 8, last line, insert a comma after "denied".

12. On page 9, revise lines 1 and 2 to read '... the procedures outlined for supplementing information pursuant to a potential denial of proprietary treatment and for the negotiation process therein on the matter.'

13. On page 9, 1^st full paragraph, revise line 2 to read '... agency record. In the Commision's view, t The scheme ...'

14. On page 10, 1^st paragraph, line 4, replace "Food and Drug Administration," with "FDA,"...

15. On page 14, 2^nd full paragraph, revise lines 3, 4, and 5 to read '... potential for confusion ng it with the way because the same term is used in dealing with the context of classified national security information. and The commenter suggested an alternative. to the term to distinguish it from that usage. '

16. On page 14, 3^rd full paragraph, revise line 1 to read '... Also, t The Commission's proposed rule also would ...'

17. On page 15, revise lines 1, 2, and 3 to read '... the public and would provide direction on how this is to be done. by requiring that documents submitted clearly indicate the contents of proprietary information and identify which portions of the document warrant such treatment. The ...'

18. On page 15, 1^st full paragraph, revise lines 4 and 5 to read '... for this section, and also as well as the judicial case law, utilize that term. Thus, there is value in employing it according to its historical use by the NRC. Changing it the term now might ...'

19. On page 16, revise line 3 to read '... interpret the term consistently with that usage and not as referring a reference to classified national security...'

20. On page 16, 1^st full paragraph, insert a comma after "(e.g., proprietary information) ..."

21. On page 17, 1^st paragraph, revise line 3 to read ' ... Therefore, that would not seem to imply The reference does not encompass a "cover letter," unless the cover letter itself ...'

22. On page 19, 1^st paragraph, revise lines 7, 8, and 9 to read '... ample opportunity to cooperatively resolve situations cooperatively where the submitter inadvertently neglects to mark confidential information and subsequently seeks to have it so designated. There would not seem to be a is no need to codify such a ...'

23. On page 22, revise lines 8 to 11 to read '... responsibilities. Thus, uUpon further reflection, since because the fair use doctrine permits the copying necessary to carry out its official duties, the Commission has concluded that the proposed provision is unnecessary. Therefore, iIt has been deleted from the final rule.'

24. On page 25, 2^nd paragraph, revise line 8 to read '... documents consistently with the requirements in this rule. For others, this the rule will shift ...'

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Thursday, February 22, 2007