Information Security Program, 10262-10265 [2011-4063]
Download as PDF
<![CDATA[
10262
§ 502.114
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations
[Amended]
12. In § 502.114, remove paragraph
(c).
e. Amend paragraph (b) by removing
‘‘subpenaed’’ and adding ‘‘subpoenaed’’
in its place.
§ 502.118
§ 502.136
■
■
[Amended]
21. Amend § 502.136 by removing
‘‘subpena’’ and adding ‘‘subpoena’’ in its
place.
■
13. In § 502.118, remove and reserve
paragraphs (a) and (b)(1) through (3).
■
§ 502.119
■
[Removed]
§ 502.147
14. Remove § 502.119.
15. Revise the heading to subpart I as
set forth above.
■ 16. Revise § 502.131 to read as
follows:
■
Requests; issuance.
Subpoenas for the attendance of
witnesses or the production of evidence
shall be issued upon request of any
party, without notice to any other party.
Requests for subpoenas must be
submitted in writing to the Office of
Administrative Law Judges. The party
requesting the subpoena shall tender an
original and one copy of such subpoena.
Where it appears that the subpoena
sought may be unreasonable,
oppressive, excessive in scope, or
unduly burdensome, the administrative
law judge may in his or her discretion,
as a condition precedent to the issuance
of the subpoena, require the person
seeking the subpoena to show the
general relevance and reasonable scope
of the testimony or other evidence
sought. [Rule 131.]
§ 502.132
[Amended]
17. Amend § 502.132 by removing
‘‘subpena’’ and adding ‘‘subpoena’’ in its
place wherever it occurs.
■
§ 502.133
[Amended]
18. Amend § 502.133 by removing
‘‘subpena’’ and adding ‘‘subpoena’’ in its
place.
■
§ 502.134
[Amended]
19. Amend § 502.134 as follows:
a. Amend the section heading by
removing ‘‘subpenas’’ and adding
‘‘subpoenas’’ in its place; and
■ b. Amend the text by removing
‘‘subpena’’ and adding ‘‘subpoena’’ in its
place wherever it occurs.
■
■
jlentini on DSKJ8SOYB1PROD with RULES
§ 502.135
[Amended]
20. Amend § 502.135 as follows:
■ c. Amend the section heading by
removing ‘‘Subpena’’ and adding
‘‘Subpoena’’ in its place;
■ d. Amend paragraph (a) by removing
‘‘subpena’’ and adding ‘‘subpoena’’ in its
place wherever it occurs; and
■
VerDate Mar<15>2010
16:10 Feb 23, 2011
[Amended]
22. Amend § 502.147(a), in the first
sentence, by removing ‘‘subpenas’’ and
adding ‘‘subpoenas’’ in its place.
■
Subpart I—Subpoenas
§ 502.131
[Amended]
Jkt 223001
§ 502.203
[Amended]
23. Amend § 502.203(a)(2) and (3) by
removing ‘‘subpena’’ and adding
‘‘subpoena’’ in its place wherever it
occurs.
■
§ 502.210
[Amended]
24. Amend § 502.210 in paragraph (b)
by removing ‘‘subpenas’’ and ‘‘subpoena’’
and adding ‘‘subpoenas’’ and
‘‘subpoena’’, respectively, in their place
wherever they occur.
■
§ 502.286
[Amended]
25. Amend § 502.286 by removing
‘‘subpenas’’ and adding ‘‘subpoenas’’ in
two places.
■ 26. Revise § 502.305 to read as
follows:
■
§ 502.305
this part.
Applicability of other rules of
(a) Except otherwise specifically
provided in this subpart or in paragraph
(b) of this section, the sections in
subparts A through Q, inclusive, of this
part do not apply to situations covered
by this subpart.
(b) The following sections in subparts
A through Q of this part apply to
situations covered by this subpart:
§§ 502.2(a) (Requirement for filing);
502.2(f)(1)
(Email transmission of filings); 502.2(i)
(Continuing obligation to provide
contact information); 502.7 (Documents
in foreign languages); 502.21–502.23
(Appearance, Authority for
representation, Notice of appearance;
substitution and withdrawal of
representative); 502.43 (Substitution of
parties); 502.101 (Computation);
502.117 (Certificate of service); 502.253
(Interest in reparation proceedings); and
502.254 (Attorney’s fees in reparation
proceedings). [Rule 305.]
Exhibit No. 1 to Subpart S—[Amended]
27. Amend the appendix, Exhibit No.
1 to subpart S, by removing ‘‘$10,000 or
less’’ and adding ‘‘$50,000 or less’’ in its
place in the first paragraph of the
Exhibit’s Information To Assist in Filing
Informal Complaints.
■
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
28. Revise § 502.321 to read as
follows:
■
§ 502.321
this part.
Applicability of other rules of
(a) Except otherwise specifically
provided in this subpart or in paragraph
(b) of this section, the sections in
subparts A through Q, inclusive, of this
part do not apply to situations covered
by this subpart.
(b) The following sections in subparts
A through Q apply to situations covered
by this subpart: §§ 502.2(a)
(Requirement for filing); 502.2(f)(1) (Email transmission of filings); 502.2(i)
(Continuing obligation to provide
contact information); 502.7 (Documents
in foreign languages); 502.21–502.23
(Appearance, Authority for
representation, Notice of appearance;
substitution and withdrawal of
representative); 502.43 (Substitution of
parties); 502.253 (Interest in reparation
proceedings); and 502.254 (Attorney’s
fees in reparation proceedings). [Rule
321.]
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2011–4060 Filed 2–23–11; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL MARITIME COMMISSION
46 CFR Part 503
[Docket No. 11–01]
RIN 3072–AC40
Information Security Program
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
The Federal Maritime
Commission (FMC or Commission)
amends its regulations relating to its
Information Security Program to reflect
the changes implemented by Executive
Order 13526—Classified National
Security Information—that took effect
January 5, 2010, and which prescribes a
uniform system for classifying,
safeguarding, and declassifying national
security information, including
information relating to defense against
transnational terrorism.
DATES: Effective February 28, 2011.
FOR FURTHER INFORMATION CONTACT:
Rebecca A. Fenneman, General Counsel,
Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
DC 20573, (202) 523–5740,
GeneralCounsel@fmc.gov.
SUMMARY:
The FMC
amends Subpart F of Part 503 of Title 46
SUPPLEMENTARY INFORMATION:
E:\FR\FM\24FER1.SGM
24FER1
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations
of the Code of Federal Regulations to
reflect the changes implemented by
Executive Order 13526—Classified
National Security Information—that
took effect January 5, 2010, which
prescribes a uniform system for
classifying, safeguarding, and
declassifying national security
information, including information
relating to defense against transnational
terrorism.
Because the changes made in this
proceeding only address agency
operating procedure and practice, which
do not require notice and public
comment pursuant to the
Administrative Procedure Act, 5 U.S.C.
553, this rule is published as final.
This rule is not a ‘‘major rule’’ under
5 U.S.C. 804(2).
■
3. Revise § 503.52 to read as follows:
§ 503.52
Senior agency official.
Oversight Committee.
2. Amend § 503.51 by revising
paragraphs (i)(3), (j), (p), and (q) to read
as follows:
An Oversight Committee is
established, under the chairmanship of
the Senior Agency Official with the
following responsibilities:
(a) Establish a Commission security
education program to familiarize all
personnel who have or may have access
to classified information with the
provisions of Executive Order 13526
and directives of the Information
Security Oversight Office. The program
shall include initial, refresher, and
termination briefings;
*
*
*
*
*
(d) Recommend appropriate
administrative action to correct abuse or
violations of any provision of Executive
Order 13526; and
*
*
*
*
*
■ 5. Amend § 503.54 by revising
paragraphs (b) and (c) to read as follows:
§ 503.51
§ 503.54
List of Subjects in 46 CFR Part 503
Freedom of Information Act, Privacy,
Sunshine Act.
For the reasons stated in the
SUPPLEMENTARY INFORMATION, the
Federal Maritime Commission amends
46 CFR part 503 as follows.
PART 503—PUBLIC INFORMATION
1. Revise the authority citation for part
503 to read as follows:
■
Authority: 5 U.S.C. 552, 552a, 552b, 553;
31 U.S.C. 9701; E.O. 13526 of January 5, 2010
(75 FR 707), sections 5.1(a) and (b).
■
Definitions.
jlentini on DSKJ8SOYB1PROD with RULES
*
*
*
*
*
(i) * * *
(3) Information received and treated
as ‘‘Foreign Government Information’’
under the terms of Executive Order
13526 or any predecessor order.
(j) Mandatory declassification review
means the review for declassification of
classified information in response to a
request for declassification that meets
the requirements under section 3.5 of
Executive Order 13526.
*
*
*
*
*
(p) Self-inspection means the internal
review and evaluation of individual
Commission activities and the
Commission as a whole with respect to
the implementation of the program
established under Executive Order
13526 and its implementing directives.
(q) Senior agency official means the
official designated by the Chairman
under section 5.4(d) of Executive Order
13526 to direct and administer the
Commission’s program under which
classified information is safeguarded.
*
*
*
*
*
VerDate Mar<15>2010
17:20 Feb 23, 2011
Jkt 223001
Original classification.
*
*
*
*
*
(b) If a Commission Member or
employee develops information that
appears to require classification, or
receives any foreign government
information as defined in section 6.1(s)
of Executive Order 13526, the Member
or employee shall immediately notify
the Senior Agency Official and
appropriately protect the information.
(c) If the Senior Agency Official
believes the information warrants
classification, it shall be sent to the
appropriate agency with original
classification authority over the subject
matter, or to the Information Security
Oversight Office, for review and a
classification determination.
*
*
*
*
*
■ 6. Amend § 503.55 as follows:
■ a. In paragraph (a) introductory text by
removing the reference ‘‘Executive Order
12958’’ and adding the reference
‘‘Executive Order 13526’’ in its place;
and
■ b. By adding paragraphs (c)(1) and (2)
to read as follows:
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
Derivative classification.
*
The Managing Director is designated
as Senior Agency Official of the
Commission, and shall be responsible
for directing, administering and
reporting on the Commission’s
information security program, which
includes oversight (self-inspection) and
security information programs to ensure
effective implementation of Executive
Orders 13526 and 12968 and 32 CFR
part 2001.
■ 4. Amend § 503.53 by revising the
introductory text and paragraphs (a) and
(d) to read as follows:
§ 503.53
§ 503.55
10263
*
*
*
*
(c) * * *
(1) Classification authority. The
authority for classification shall be
shown as follows:
(i) ‘‘Classified by (description of
source documents or classification
guide),’’ or
(ii) ‘‘Classified by multiple sources,’’ if
a document is classified on the basis of
more than one source document or
classification guide.
(iii) In these cases, the derivative
classifier shall maintain the
identification of each source with the
file or record copy of the derivatively
classified document. A document
derivatively classified on the basis of a
source document that is marked
‘‘Classified by Multiple Sources’’ shall
cite the source document in its
‘‘Classified by’’ line rather than the term
‘‘Multiple sources.’’
(2) Declassification and downgrading
instructions. Date or events for
automatic declassification or
downgrading, or the notation
‘‘Originating Agency’s Determination
Required’’ to indicate that the document
is not to be declassified automatically,
shall be carried forward from the source
document, or as directed by a
classification guide, and shown on
‘‘declassify on’’ line as follows:
‘‘Declassify on: (date, description of
event);’’ or ‘‘Originating Agency’s
Determination Required (OADR).’’
■ 7. In § 503.56, revise paragraph (a) to
read as follows:
§ 503.56 General declassification and
downgrading policy.
(a) The Commission exercises
declassification and downgrading
authority in accordance with section 3.1
of Executive Order 13526, only over that
information originally classified by the
Commission under previous Executive
Orders. Declassification and
downgrading authority may be
exercised by the Commission Chairman
and the Senior Agency Official, and
such others as the Chairman may
designate. Commission personnel may
not declassify information originally
classified by other agencies.
*
*
*
*
*
■ 8. Revise § 503.57 to read as follows:
§ 503.57 Mandatory review for
declassification.
(a) Reviews and referrals in response
to requests for mandatory
declassification shall be conducted in
compliance with section 3.5 of
Executive Order 13526, 32 CFR 2001.33,
and 32 CFR 2001.34.
E:\FR\FM\24FER1.SGM
24FER1
jlentini on DSKJ8SOYB1PROD with RULES
10264
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations
(b) Any individual may request a
review of classified information and
material in possession of the
Commission for declassification. All
information classified under Executive
Order 13526 or a predecessor Order
shall be subject to a review for
declassification by the Commission, if:
(1) The request describes the
documents or material containing the
information with sufficient specificity to
enable the Commission to locate it with
a reasonable amount of effort. Requests
with insufficient description of the
material will be returned to the
requester for further information.
(2) The information requested is not
the subject of pending litigation.
(3) The information requested has not
been reviewed for declassification in the
previous two years. If so, the FMC shall
inform the requester of this fact and
provide the requester with appeal rights
in accordance with 32 CFR
2001.33(a)(2)(iii).
(c) Requests shall be in writing, and
shall be sent to: Office of the Managing
Director, Attn.: Senior Agency Official,
Federal Maritime Commission,
Washington, DC 20573 or submitted via
the FMC’s on-line declassification
information portal which provides an email address through which requests
can be submitted: https://www.https://
www.fmc.gov/about/
web_policies_notices_and_acts.aspx.
(d) If the request requires the
provision of services by the
Commission, fair and equitable fees may
be charged pursuant to 31 U.S.C. 9701.
(e) Requests for mandatory
declassification reviews shall be
acknowledged by the Commission
within 15 days of the date of receipt of
such requests.
(f) If the document was derivatively
classified by the Commission or
originally classified by another agency,
the request, the document, and a
recommendation for action shall be
forwarded to the agency with the
original classification authority. The
Commission may, after consultation
with the originating agency, inform the
requester of the referral.
(g) If a document is declassified in its
entirety, it may be released to the
requester, unless withholding is
otherwise warranted under applicable
law. If a document or any part of it is
not declassified, the Senior Agency
Official shall furnish the declassified
portions to the requester unless
withholding is otherwise warranted
under applicable law, along with a brief
statement concerning the reasons for the
denial of the remainder, and the right to
appeal that decision to the Commission
appellate authority within 60 days.
VerDate Mar<15>2010
16:10 Feb 23, 2011
Jkt 223001
(h) If a declassification determination
cannot be made within 45 days, the
requester shall be advised that
additional time is needed to process the
request. Final determination shall be
made within one year from the date of
receipt of the request. The Commission
shall inform the requester in writing of
the final determination and of the
reasons for any denials. The
Commission shall inform the requester
in writing of his or her final appeal
rights to the Interagency Security
Classification Appeals Panel.
(i) When a request has been submitted
both under mandatory declassification
review and the Freedom of Information
Act (FOIA), the agency shall require the
requester to select one process or the
other. If the requester fails to select one
process or the other, the request will be
treated as a FOIA request unless the
requested materials are subject only to
mandatory declassification review.
■ 9. Revise § 503.58 to read as follows:
§ 503.58 Appeals of denials of mandatory
declassification review requests.
(a) Within 60 days after the receipt of
denial of a request for mandatory
declassification review, the requester
may submit an appeal in writing to the
Chairman through the Secretary, Federal
Maritime Commission, Washington, DC
20573. The appeal shall:
(1) Identify the document in the same
manner in which it was identified in the
original request;
(2) Indicate the dates of the request
and denial, and the expressed basis for
the denial; and
(3) State briefly why the document
should be declassified.
(b) The Chairman shall rule on the
appeal within 60 working days of
receiving it. If additional time is
required to make a determination, the
Chairman shall notify the requester of
the additional time needed and provide
the requester with the reason for the
extension. The Chairman shall notify
the requester in writing of the final
determination and the reasons for any
denial.
(c) In accordance with section 5.3 of
Executive Order 13526 and 32 CFR
2001.33, within 60 days of such
issuance, the requester may appeal a
final determination of the Commission
under paragraph (b) of this section to
the Interagency Security Classification
Appeals Panel. The appeal should be
addressed to, Executive Secretary,
Interagency Security Classification
Appeals Panel, Attn: Classification
Challenge Appeals, c/o Information
Security Oversight Office, National
Archives and Records Administration,
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
7th and Pennsylvania Avenue, NW.,
Room 5W, Washington, DC 20408.
■ 10. Amend § 503.59 by revising
paragraphs (f) introductory text, (g)(2),
(k), (m), (n), (o), (q)(1) through (3), (r),
and (s) to read as follows:
§ 503.59 Safeguarding classified
information.
*
*
*
*
*
(f) Waivers under paragraph (e) of this
section may be granted when the
Commission Senior Agency Official:
*
*
*
*
*
(g) * * *
(2) To protect the classified
information in accordance with the
provisions of Executive Order 13526;
and
*
*
*
*
*
(k) An inventory of all documents
classified higher than confidential shall
be made at least annually and whenever
there is a change in classified document
custodians. The Senior Agency Official
shall be notified, in writing, of the
results of each inventory.
*
*
*
*
*
(m) Combinations to dial-type locks
shall be changed only by persons having
an appropriate security clearance, and
shall be changed whenever such
equipment is placed in use; whenever a
person knowing the combination no
longer requires access to the
combination; whenever a combination
has been subject to possible
compromise; whenever the equipment
is taken out of service; and at least once
each year. Records of combinations
shall be classified no lower than the
highest level of classified information to
be stored in the security equipment
concerned. One copy of the record of
each combination shall be provided to
the Senior Agency Official.
(n) Individuals charged with the
custody of classified information shall
conduct the necessary inspections
within their areas to insure adherence to
procedural safeguards prescribed to
protect classified information. The
Commission Senior Agency Official
shall conduct periodic inspections to
determine if the procedural safeguards
prescribed in this subpart are in effect
at all times.
(o) Whenever classified material is to
be transmitted outside the Commission,
the custodian of the classified material
shall contact the Commission Senior
Agency Official for preparation and
receipting instructions. If the material is
to be hand carried, the Senior Agency
Official shall ensure that the person
who will carry the material has the
appropriate security clearance, is
knowledgeable of safeguarding
E:\FR\FM\24FER1.SGM
24FER1
Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES
requirements, and is briefed, if
appropriate, concerning restrictions
with respect to carrying classified
material on commercial carriers.
*
*
*
*
*
(q) * * *
(1) Knowingly, willfully, or
negligently disclose to unauthorized
persons information properly classified
under Executive Order 13526 or
predecessor orders;
(2) Knowingly and willfully classify
or continue the classification of
information in violation of Executive
VerDate Mar<15>2010
16:10 Feb 23, 2011
Jkt 223001
Order 13526 or any implementing
directive; or
(3) Knowingly and willfully violate
any other provision of Executive Order
13526 or implementing directive.
(r) Any person who discovers or
believes that a classified document is
lost or compromised shall immediately
report the circumstances to his or her
supervisor and the Commission Senior
Agency Official, who shall conduct an
immediate inquiry into the matter.
(s) Questions with respect to the
Commission Information Security
PO 00000
Frm 00061
Fmt 4700
Sfmt 9990
10265
Program, particularly those concerning
the classification, declassification,
downgrading, and safeguarding of
classified information, shall be directed
to the Commission Senior Agency
Official.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2011–4063 Filed 2–23–11; 8:45 am]
BILLING CODE 6730–01–P
E:\FR\FM\24FER1.SGM
24FER1
]]>Agencies
[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10262-10265]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4063]
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 503
[Docket No. 11-01]
RIN 3072-AC40
Information Security Program
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission (FMC or Commission) amends its
regulations relating to its Information Security Program to reflect the
changes implemented by Executive Order 13526--Classified National
Security Information--that took effect January 5, 2010, and which
prescribes a uniform system for classifying, safeguarding, and
declassifying national security information, including information
relating to defense against transnational terrorism.
DATES: Effective February 28, 2011.
FOR FURTHER INFORMATION CONTACT: Rebecca A. Fenneman, General Counsel,
Federal Maritime Commission, 800 North Capitol Street, NW., Washington,
DC 20573, (202) 523-5740, GeneralCounsel@fmc.gov.
SUPPLEMENTARY INFORMATION: The FMC amends Subpart F of Part 503 of
Title 46
[[Page 10263]]
of the Code of Federal Regulations to reflect the changes implemented
by Executive Order 13526--Classified National Security Information--
that took effect January 5, 2010, which prescribes a uniform system for
classifying, safeguarding, and declassifying national security
information, including information relating to defense against
transnational terrorism.
Because the changes made in this proceeding only address agency
operating procedure and practice, which do not require notice and
public comment pursuant to the Administrative Procedure Act, 5 U.S.C.
553, this rule is published as final.
This rule is not a ``major rule'' under 5 U.S.C. 804(2).
List of Subjects in 46 CFR Part 503
Freedom of Information Act, Privacy, Sunshine Act.
For the reasons stated in the SUPPLEMENTARY INFORMATION, the
Federal Maritime Commission amends 46 CFR part 503 as follows.
PART 503--PUBLIC INFORMATION
0
1. Revise the authority citation for part 503 to read as follows:
Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O.
13526 of January 5, 2010 (75 FR 707), sections 5.1(a) and (b).
0
2. Amend Sec. 503.51 by revising paragraphs (i)(3), (j), (p), and (q)
to read as follows:
Sec. 503.51 Definitions.
* * * * *
(i) * * *
(3) Information received and treated as ``Foreign Government
Information'' under the terms of Executive Order 13526 or any
predecessor order.
(j) Mandatory declassification review means the review for
declassification of classified information in response to a request for
declassification that meets the requirements under section 3.5 of
Executive Order 13526.
* * * * *
(p) Self-inspection means the internal review and evaluation of
individual Commission activities and the Commission as a whole with
respect to the implementation of the program established under
Executive Order 13526 and its implementing directives.
(q) Senior agency official means the official designated by the
Chairman under section 5.4(d) of Executive Order 13526 to direct and
administer the Commission's program under which classified information
is safeguarded.
* * * * *
0
3. Revise Sec. 503.52 to read as follows:
Sec. 503.52 Senior agency official.
The Managing Director is designated as Senior Agency Official of
the Commission, and shall be responsible for directing, administering
and reporting on the Commission's information security program, which
includes oversight (self-inspection) and security information programs
to ensure effective implementation of Executive Orders 13526 and 12968
and 32 CFR part 2001.
0
4. Amend Sec. 503.53 by revising the introductory text and paragraphs
(a) and (d) to read as follows:
Sec. 503.53 Oversight Committee.
An Oversight Committee is established, under the chairmanship of
the Senior Agency Official with the following responsibilities:
(a) Establish a Commission security education program to
familiarize all personnel who have or may have access to classified
information with the provisions of Executive Order 13526 and directives
of the Information Security Oversight Office. The program shall include
initial, refresher, and termination briefings;
* * * * *
(d) Recommend appropriate administrative action to correct abuse or
violations of any provision of Executive Order 13526; and
* * * * *
0
5. Amend Sec. 503.54 by revising paragraphs (b) and (c) to read as
follows:
Sec. 503.54 Original classification.
* * * * *
(b) If a Commission Member or employee develops information that
appears to require classification, or receives any foreign government
information as defined in section 6.1(s) of Executive Order 13526, the
Member or employee shall immediately notify the Senior Agency Official
and appropriately protect the information.
(c) If the Senior Agency Official believes the information warrants
classification, it shall be sent to the appropriate agency with
original classification authority over the subject matter, or to the
Information Security Oversight Office, for review and a classification
determination.
* * * * *
0
6. Amend Sec. 503.55 as follows:
0
a. In paragraph (a) introductory text by removing the reference
``Executive Order 12958'' and adding the reference ``Executive Order
13526'' in its place; and
0
b. By adding paragraphs (c)(1) and (2) to read as follows:
Sec. 503.55 Derivative classification.
* * * * *
(c) * * *
(1) Classification authority. The authority for classification
shall be shown as follows:
(i) ``Classified by (description of source documents or
classification guide),'' or
(ii) ``Classified by multiple sources,'' if a document is
classified on the basis of more than one source document or
classification guide.
(iii) In these cases, the derivative classifier shall maintain the
identification of each source with the file or record copy of the
derivatively classified document. A document derivatively classified on
the basis of a source document that is marked ``Classified by Multiple
Sources'' shall cite the source document in its ``Classified by'' line
rather than the term ``Multiple sources.''
(2) Declassification and downgrading instructions. Date or events
for automatic declassification or downgrading, or the notation
``Originating Agency's Determination Required'' to indicate that the
document is not to be declassified automatically, shall be carried
forward from the source document, or as directed by a classification
guide, and shown on ``declassify on'' line as follows:
``Declassify on: (date, description of event);'' or ``Originating
Agency's Determination Required (OADR).''
0
7. In Sec. 503.56, revise paragraph (a) to read as follows:
Sec. 503.56 General declassification and downgrading policy.
(a) The Commission exercises declassification and downgrading
authority in accordance with section 3.1 of Executive Order 13526, only
over that information originally classified by the Commission under
previous Executive Orders. Declassification and downgrading authority
may be exercised by the Commission Chairman and the Senior Agency
Official, and such others as the Chairman may designate. Commission
personnel may not declassify information originally classified by other
agencies.
* * * * *
0
8. Revise Sec. 503.57 to read as follows:
Sec. 503.57 Mandatory review for declassification.
(a) Reviews and referrals in response to requests for mandatory
declassification shall be conducted in compliance with section 3.5 of
Executive Order 13526, 32 CFR 2001.33, and 32 CFR 2001.34.
[[Page 10264]]
(b) Any individual may request a review of classified information
and material in possession of the Commission for declassification. All
information classified under Executive Order 13526 or a predecessor
Order shall be subject to a review for declassification by the
Commission, if:
(1) The request describes the documents or material containing the
information with sufficient specificity to enable the Commission to
locate it with a reasonable amount of effort. Requests with
insufficient description of the material will be returned to the
requester for further information.
(2) The information requested is not the subject of pending
litigation.
(3) The information requested has not been reviewed for
declassification in the previous two years. If so, the FMC shall inform
the requester of this fact and provide the requester with appeal rights
in accordance with 32 CFR 2001.33(a)(2)(iii).
(c) Requests shall be in writing, and shall be sent to: Office of
the Managing Director, Attn.: Senior Agency Official, Federal Maritime
Commission, Washington, DC 20573 or submitted via the FMC's on-line
declassification information portal which provides an e-mail address
through which requests can be submitted: https://www.http://www.fmc.gov/about/web_policies_notices_and_acts.aspx.
(d) If the request requires the provision of services by the
Commission, fair and equitable fees may be charged pursuant to 31
U.S.C. 9701.
(e) Requests for mandatory declassification reviews shall be
acknowledged by the Commission within 15 days of the date of receipt of
such requests.
(f) If the document was derivatively classified by the Commission
or originally classified by another agency, the request, the document,
and a recommendation for action shall be forwarded to the agency with
the original classification authority. The Commission may, after
consultation with the originating agency, inform the requester of the
referral.
(g) If a document is declassified in its entirety, it may be
released to the requester, unless withholding is otherwise warranted
under applicable law. If a document or any part of it is not
declassified, the Senior Agency Official shall furnish the declassified
portions to the requester unless withholding is otherwise warranted
under applicable law, along with a brief statement concerning the
reasons for the denial of the remainder, and the right to appeal that
decision to the Commission appellate authority within 60 days.
(h) If a declassification determination cannot be made within 45
days, the requester shall be advised that additional time is needed to
process the request. Final determination shall be made within one year
from the date of receipt of the request. The Commission shall inform
the requester in writing of the final determination and of the reasons
for any denials. The Commission shall inform the requester in writing
of his or her final appeal rights to the Interagency Security
Classification Appeals Panel.
(i) When a request has been submitted both under mandatory
declassification review and the Freedom of Information Act (FOIA), the
agency shall require the requester to select one process or the other.
If the requester fails to select one process or the other, the request
will be treated as a FOIA request unless the requested materials are
subject only to mandatory declassification review.
0
9. Revise Sec. 503.58 to read as follows:
Sec. 503.58 Appeals of denials of mandatory declassification review
requests.
(a) Within 60 days after the receipt of denial of a request for
mandatory declassification review, the requester may submit an appeal
in writing to the Chairman through the Secretary, Federal Maritime
Commission, Washington, DC 20573. The appeal shall:
(1) Identify the document in the same manner in which it was
identified in the original request;
(2) Indicate the dates of the request and denial, and the expressed
basis for the denial; and
(3) State briefly why the document should be declassified.
(b) The Chairman shall rule on the appeal within 60 working days of
receiving it. If additional time is required to make a determination,
the Chairman shall notify the requester of the additional time needed
and provide the requester with the reason for the extension. The
Chairman shall notify the requester in writing of the final
determination and the reasons for any denial.
(c) In accordance with section 5.3 of Executive Order 13526 and 32
CFR 2001.33, within 60 days of such issuance, the requester may appeal
a final determination of the Commission under paragraph (b) of this
section to the Interagency Security Classification Appeals Panel. The
appeal should be addressed to, Executive Secretary, Interagency
Security Classification Appeals Panel, Attn: Classification Challenge
Appeals, c/o Information Security Oversight Office, National Archives
and Records Administration, 7th and Pennsylvania Avenue, NW., Room 5W,
Washington, DC 20408.
0
10. Amend Sec. 503.59 by revising paragraphs (f) introductory text,
(g)(2), (k), (m), (n), (o), (q)(1) through (3), (r), and (s) to read as
follows:
Sec. 503.59 Safeguarding classified information.
* * * * *
(f) Waivers under paragraph (e) of this section may be granted when
the Commission Senior Agency Official:
* * * * *
(g) * * *
(2) To protect the classified information in accordance with the
provisions of Executive Order 13526; and
* * * * *
(k) An inventory of all documents classified higher than
confidential shall be made at least annually and whenever there is a
change in classified document custodians. The Senior Agency Official
shall be notified, in writing, of the results of each inventory.
* * * * *
(m) Combinations to dial-type locks shall be changed only by
persons having an appropriate security clearance, and shall be changed
whenever such equipment is placed in use; whenever a person knowing the
combination no longer requires access to the combination; whenever a
combination has been subject to possible compromise; whenever the
equipment is taken out of service; and at least once each year. Records
of combinations shall be classified no lower than the highest level of
classified information to be stored in the security equipment
concerned. One copy of the record of each combination shall be provided
to the Senior Agency Official.
(n) Individuals charged with the custody of classified information
shall conduct the necessary inspections within their areas to insure
adherence to procedural safeguards prescribed to protect classified
information. The Commission Senior Agency Official shall conduct
periodic inspections to determine if the procedural safeguards
prescribed in this subpart are in effect at all times.
(o) Whenever classified material is to be transmitted outside the
Commission, the custodian of the classified material shall contact the
Commission Senior Agency Official for preparation and receipting
instructions. If the material is to be hand carried, the Senior Agency
Official shall ensure that the person who will carry the material has
the appropriate security clearance, is knowledgeable of safeguarding
[[Page 10265]]
requirements, and is briefed, if appropriate, concerning restrictions
with respect to carrying classified material on commercial carriers.
* * * * *
(q) * * *
(1) Knowingly, willfully, or negligently disclose to unauthorized
persons information properly classified under Executive Order 13526 or
predecessor orders;
(2) Knowingly and willfully classify or continue the classification
of information in violation of Executive Order 13526 or any
implementing directive; or
(3) Knowingly and willfully violate any other provision of
Executive Order 13526 or implementing directive.
(r) Any person who discovers or believes that a classified document
is lost or compromised shall immediately report the circumstances to
his or her supervisor and the Commission Senior Agency Official, who
shall conduct an immediate inquiry into the matter.
(s) Questions with respect to the Commission Information Security
Program, particularly those concerning the classification,
declassification, downgrading, and safeguarding of classified
information, shall be directed to the Commission Senior Agency
Official.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2011-4063 Filed 2-23-11; 8:45 am]
BILLING CODE 6730-01-P
