Tennessee Valley Authority Procedures, 39261-39262 [2011-16810]
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Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations
generally. No final regulatory flexibility
analysis was prepared.
List of Subjects in 15 CFR Part 806
Economic statistics, Foreign
investment in the United States,
International transactions, Penalties,
Reporting and recordkeeping
requirements.
[FR Doc. 2011–16065 Filed 7–5–11; 8:45 am]
List of Subjects in 18 CFR Part 1301
BILLING CODE 3510–06–P
Freedom of information, Government
in the sunshine, Privacy.
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1301
Tennessee Valley Authority
Procedures
Dated: June 7, 2011.
J. Steven Landefeld,
Director, Bureau of Economic Analysis.
AGENCY:
For reasons set forth in the preamble,
BEA amends 15 CFR part 806 as
follows:
Tennessee Valley Authority
(TVA).
ACTION:
1. The authority citation for 15 CFR
part 806 continues to read as follows:
■
Authority: 5 U.S.C. 301; 22 U.S.C. 3101–
3108; E.O. 11961 (3 CFR, 1977 Comp., p. 86),
as amended by E.O. 12318 (3 CFR, 1981
Comp., p. 173), and E.O. 12518 (3 CFR, 1985
Comp., p. 348).
2. In § 806.14, paragraph (d)(3) is
removed and paragraphs (f)(1), (f)(2),
(g)(1) are removed and reserved.
Paragraph (g)(2) is revised to read as
follows:
Final rule.
The Tennessee Valley
Authority is amending its regulations
which currently contain TVA’s
procedures for the Freedom of
Information Act (FOIA), the Privacy Act,
and the Government in the Sunshine
Act. TVA is adding procedures related
to classified national security
information.
DATES:
Effective Date: July 6, 2011.
■
FOR FURTHER INFORMATION CONTACT:
§ 806.14
Mark R. Winter, Senior Information
Security Specialist, 1101 Market Street
(MP 3C), Tennessee Valley Authority,
Chattanooga, Tennessee 37402, (423)
751–6004. E-mail: mrwinter@tva.gov.
U.S. direct investment abroad.
This rule
was not published in proposed form
since it relates to agency procedure and
practice. TVA considers this rule to be
a procedural rule which is exempt from
notice and comment under 5 U.S.C.
533(b)(3)(A). This rule is not a
significant rule for purposes of
Executive Order 12866 and has not been
reviewed by the Office of Management
and Budget. As required by the
Regulatory Flexibility Act, TVA certifies
that these regulatory amendments will
not have a significant impact on small
§ 806.15 [Amended]
business entities. This rule does not
impose any new reporting or record■ 3. In § 806.15, paragraph (j)(1) is
keeping requirements subject to the
removed and reserved and paragraphs
Paperwork Reduction Act, 44 U.S.C.
(j)(3), (j)(4), and (j)(5) are removed.
Chapter 35, as amended.
■ 4. Section 806.18(b) is revised to read
On December 29, 2009, Executive
as follows:
Order 13526, Classified National
§ 806.18 OMB control numbers assigned
Security Information, was published in
to the Paperwork Reduction Act.
the Federal Register. This order
*
*
*
*
*
prescribes a uniform system for
(b) Display.
classifying, safeguarding, and
declassifying national security
Current
information. On June 28, 2010, the
15 CFR section where identiOMB control
fied and described
Information Security Oversight Office
No.
(ISOO) published its directive, 32 CFR
806.1 through 806.17 ...............
0608–0004 Part 2001, Classified National Security
0009 Information, for implementing the
0034 Executive Order at 75 Federal Register
0042 37254.
0049
Since this rule is non-substantive, it is
0053
being made effective July 6, 2011.
*
*
*
*
(g) * * *
(2) BE–10–Benchmark Survey of U.S.
Direct Investment Abroad: Section 4(b)
of the Act (22 U.S.C. 3103) provides that
a comprehensive benchmark survey of
U.S. direct investment abroad will be
conducted in 1982, 1989, and every fifth
year thereafter. Exemption levels,
specific requirements for, and the year
of coverage of, a given BE–10 survey
may be found in § 806.16.
*
*
*
*
*
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*
VerDate Mar<15>2010
17:43 Jul 05, 2011
Jkt 223001
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
For the reasons stated in the
preamble, TVA amends 18 CFR part
1301 by adding Subpart E, Protection of
National Security Classified
Information, as follows:
PART 1301—PROCEDURES
SUMMARY:
PART 806—DIRECT INVESTMENT
SURVEYS
39261
Subpart E—Protection of National Security
Classified Information
Sec.
1301.61 Purpose and scope.
1301.62 Definitions.
1301.63 Senior agency official.
1301.64 Original classification authority.
1301.65 Derivative classification.
1301.66 General declassification and
downgrading policy.
1301.67 Mandatory review for
declassification.
1301.68 Identification and marking.
1301.69 Safeguarding classified
information.
Subpart E—Protection of National
Security Classified Information
§ 1301.61
Purpose and scope.
(a) Purpose. These regulations, taken
together with the Information Security
Oversight Office’s implementing
directive at 32 CFR Part 2001, Classified
National Security Information, provide
the basis for TVA’s security
classification program implementing
Executive Order 13526, ‘‘Classified
National Security Information,’’ as
amended (‘‘the Executive Order’’).
(b) Scope. These regulations apply to
TVA employees, contractors, and
individuals who serve in advisory,
consultant, or non-employee affiliate
capacities who have been granted access
to classified information.
§ 1301.62
Definitions.
The following definitions apply to
this part:
(a) ‘‘Original classification’’ is the
initial determination that certain
information requires protection against
unauthorized disclosure in the interest
of national security (i.e., national
defense or foreign relations of the
United States), together with a
designation of the level of classification.
(b) ‘‘Classified national security
information’’ or ‘‘classified information’’
means information that has been
determined pursuant to Executive Order
13526 or any predecessor order to
require protection against unauthorized
disclosure and is marked to indicate its
classified status when in documentary
form.
E:\FR\FM\06JYR1.SGM
06JYR1
39262
§ 1301.63
Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations
Senior agency official.
(a) The Executive Order requires that
each agency that originates or handles
classified information designate a senior
agency official to direct and administer
its information security program. TVA’s
senior agency official is the Director,
Enterprise Information Security &
Policy.
(b) Questions with respect to the
Information Security Program,
particularly those concerning the
classification, declassification,
downgrading, and safeguarding of
classified information, shall be directed
to the Senior Agency Official.
§ 1301.64
Original classification authority.
(a) Original classification authority is
granted by the Director of the
Information Security Oversight Office.
TVA does not have original
classification authority.
(b) If information is developed that
appears to require classification, or is
received from any foreign government
information as defined in section 6.1(s)
of Executive Order 13526, the
individual in custody of the information
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.
(d) If there is reasonable doubt about
the need to classify information, it shall
be safeguarded as if it were classified
pending a determination by an original
classification authority. If there is
reasonable doubt about the appropriate
level of classification, it shall be
safeguarded at the higher level of
classification pending a determination
by an original classification authority.
mstockstill on DSK4VPTVN1PROD with RULES
§ 1301.65
Derivative classification.
(a) In accordance with Part 2 of
Executive Order 13526 and directives of
the Information Security Oversight
Office, the incorporation, paraphrasing,
restating or generation in new form of
information that is already classified,
and the marking of newly developed
material consistent with the
classification markings that apply to the
source information, is derivative
classification.
VerDate Mar<15>2010
18:12 Jul 05, 2011
Jkt 223001
(1) Derivative classification includes
the classification of information based
on classification guidance.
(2) The duplication or reproduction of
existing classified information is not
derivative classification.
(b) Authorized individuals applying
derivative classification markings shall:
(1) Observe and respect original
classification decisions; and
(2) Carry forward to any newly
created documents the pertinent
classification markings.
(3) For information derivatively
classified based on multiple sources, the
authorized individuals shall carry
forward:
(i) The date or event for
declassification that corresponds to the
longest period of classification among
the sources; and
(ii) A listing of these sources on or
attached to the official file or record
copy.
(c) Documents classified derivatively
shall bear all markings prescribed by 32
CFR 2001.20 through 2001.23 and shall
otherwise conform to the requirements
of 32 CFR 2001.20 through 2001.23.
§ 1301.66 General declassification and
downgrading policy.
(a) TVA does not have original
classification authority.
(b) TVA personnel may not declassify
information originally classified by
other agencies.
§ 1301.67 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.
(b) Any individual may request a
review of classified information and
material in possession of TVA for
declassification. All information
classified under Executive Order 13526
or a predecessor Order shall be subject
to a review for declassification by TVA,
if:
(1) The request describes the
documents or material containing the
information with sufficient specificity to
enable TVA 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.
(c) Requests shall be in writing, and
shall be sent to: Director, Enterprise
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Information Security & Policy,
Tennessee Valley Authority, 1101
Market St., Chattanooga, TN 37402.
§ 1301.68
Identification and marking.
(a) Classified information shall be
marked pursuant to the standards set
forth in section 1.6, Identification and
Marking, of the Executive Order;
Information Security Oversight Office
implementing directives in 32 CFR part
2001, subpart B; and internal TVA
procedures.
(b) Foreign government information
shall retain its original classification
markings or be marked and classified at
a U.S. classification level that provides
a degree of protection at least equivalent
to that required by the entity that
furnished the information. Foreign
government information retaining its
original classification markings need not
be assigned a U.S. classification marking
provided the responsible agency
determines that the foreign government
markings are adequate to meet the
purposes served by U.S. classification
markings.
(c) Information assigned a level of
classification under predecessor
executive orders shall be considered as
classified at that level of classification.
§ 1301.69 Safeguarding classified
information.
(a) All classified information shall be
afforded a level of protection against
unauthorized disclosure commensurate
with its level of classification.
(b) The Executive Order and the
Information Security Oversight Office
implementing directive provides
information on the protection of
classified information. Specific controls
on the use, processing, storage,
reproduction, and transmittal of
classified information within TVA to
provide protection for such information
and to prevent access by unauthorized
persons are contained in internal TVA
procedures.
(c) Any person who discovers or
believes that a classified document is
lost or compromised shall immediately
report the circumstances to their
supervisor and the Senior Agency
Official, who shall conduct an
immediate inquiry into the matter.
Michael T. Tallent,
Director, Enterprise Information Security &
Policy (Acting).
[FR Doc. 2011–16810 Filed 7–5–11; 8:45 am]
BILLING CODE 8120–08–P
E:\FR\FM\06JYR1.SGM
06JYR1
]]>Agencies
[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39261-39262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16810]
=======================================================================
-----------------------------------------------------------------------
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1301
Tennessee Valley Authority Procedures
AGENCY: Tennessee Valley Authority (TVA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Tennessee Valley Authority is amending its regulations
which currently contain TVA's procedures for the Freedom of Information
Act (FOIA), the Privacy Act, and the Government in the Sunshine Act.
TVA is adding procedures related to classified national security
information.
DATES: Effective Date: July 6, 2011.
FOR FURTHER INFORMATION CONTACT: Mark R. Winter, Senior Information
Security Specialist, 1101 Market Street (MP 3C), Tennessee Valley
Authority, Chattanooga, Tennessee 37402, (423) 751-6004. E-mail:
mrwinter@tva.gov.
SUPPLEMENTARY INFORMATION: This rule was not published in proposed form
since it relates to agency procedure and practice. TVA considers this
rule to be a procedural rule which is exempt from notice and comment
under 5 U.S.C. 533(b)(3)(A). This rule is not a significant rule for
purposes of Executive Order 12866 and has not been reviewed by the
Office of Management and Budget. As required by the Regulatory
Flexibility Act, TVA certifies that these regulatory amendments will
not have a significant impact on small business entities. This rule
does not impose any new reporting or record-keeping requirements
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35, as
amended.
On December 29, 2009, Executive Order 13526, Classified National
Security Information, was published in the Federal Register. This order
prescribes a uniform system for classifying, safeguarding, and
declassifying national security information. On June 28, 2010, the
Information Security Oversight Office (ISOO) published its directive,
32 CFR Part 2001, Classified National Security Information, for
implementing the Executive Order at 75 Federal Register 37254.
Since this rule is non-substantive, it is being made effective July
6, 2011.
List of Subjects in 18 CFR Part 1301
Freedom of information, Government in the sunshine, Privacy.
For the reasons stated in the preamble, TVA amends 18 CFR part 1301
by adding Subpart E, Protection of National Security Classified
Information, as follows:
PART 1301--PROCEDURES
Subpart E--Protection of National Security Classified Information
Sec.
1301.61 Purpose and scope.
1301.62 Definitions.
1301.63 Senior agency official.
1301.64 Original classification authority.
1301.65 Derivative classification.
1301.66 General declassification and downgrading policy.
1301.67 Mandatory review for declassification.
1301.68 Identification and marking.
1301.69 Safeguarding classified information.
Subpart E--Protection of National Security Classified Information
Sec. 1301.61 Purpose and scope.
(a) Purpose. These regulations, taken together with the Information
Security Oversight Office's implementing directive at 32 CFR Part 2001,
Classified National Security Information, provide the basis for TVA's
security classification program implementing Executive Order 13526,
``Classified National Security Information,'' as amended (``the
Executive Order'').
(b) Scope. These regulations apply to TVA employees, contractors,
and individuals who serve in advisory, consultant, or non-employee
affiliate capacities who have been granted access to classified
information.
Sec. 1301.62 Definitions.
The following definitions apply to this part:
(a) ``Original classification'' is the initial determination that
certain information requires protection against unauthorized disclosure
in the interest of national security (i.e., national defense or foreign
relations of the United States), together with a designation of the
level of classification.
(b) ``Classified national security information'' or ``classified
information'' means information that has been determined pursuant to
Executive Order 13526 or any predecessor order to require protection
against unauthorized disclosure and is marked to indicate its
classified status when in documentary form.
[[Page 39262]]
Sec. 1301.63 Senior agency official.
(a) The Executive Order requires that each agency that originates
or handles classified information designate a senior agency official to
direct and administer its information security program. TVA's senior
agency official is the Director, Enterprise Information Security &
Policy.
(b) Questions with respect to the Information Security Program,
particularly those concerning the classification, declassification,
downgrading, and safeguarding of classified information, shall be
directed to the Senior Agency Official.
Sec. 1301.64 Original classification authority.
(a) Original classification authority is granted by the Director of
the Information Security Oversight Office. TVA does not have original
classification authority.
(b) If information is developed that appears to require
classification, or is received from any foreign government information
as defined in section 6.1(s) of Executive Order 13526, the individual
in custody of the information 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.
(d) If there is reasonable doubt about the need to classify
information, it shall be safeguarded as if it were classified pending a
determination by an original classification authority. If there is
reasonable doubt about the appropriate level of classification, it
shall be safeguarded at the higher level of classification pending a
determination by an original classification authority.
Sec. 1301.65 Derivative classification.
(a) In accordance with Part 2 of Executive Order 13526 and
directives of the Information Security Oversight Office, the
incorporation, paraphrasing, restating or generation in new form of
information that is already classified, and the marking of newly
developed material consistent with the classification markings that
apply to the source information, is derivative classification.
(1) Derivative classification includes the classification of
information based on classification guidance.
(2) The duplication or reproduction of existing classified
information is not derivative classification.
(b) Authorized individuals applying derivative classification
markings shall:
(1) Observe and respect original classification decisions; and
(2) Carry forward to any newly created documents the pertinent
classification markings.
(3) For information derivatively classified based on multiple
sources, the authorized individuals shall carry forward:
(i) The date or event for declassification that corresponds to the
longest period of classification among the sources; and
(ii) A listing of these sources on or attached to the official file
or record copy.
(c) Documents classified derivatively shall bear all markings
prescribed by 32 CFR 2001.20 through 2001.23 and shall otherwise
conform to the requirements of 32 CFR 2001.20 through 2001.23.
Sec. 1301.66 General declassification and downgrading policy.
(a) TVA does not have original classification authority.
(b) TVA personnel may not declassify information originally
classified by other agencies.
Sec. 1301.67 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.
(b) Any individual may request a review of classified information
and material in possession of TVA for declassification. All information
classified under Executive Order 13526 or a predecessor Order shall be
subject to a review for declassification by TVA, if:
(1) The request describes the documents or material containing the
information with sufficient specificity to enable TVA 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.
(c) Requests shall be in writing, and shall be sent to: Director,
Enterprise Information Security & Policy, Tennessee Valley Authority,
1101 Market St., Chattanooga, TN 37402.
Sec. 1301.68 Identification and marking.
(a) Classified information shall be marked pursuant to the
standards set forth in section 1.6, Identification and Marking, of the
Executive Order; Information Security Oversight Office implementing
directives in 32 CFR part 2001, subpart B; and internal TVA procedures.
(b) Foreign government information shall retain its original
classification markings or be marked and classified at a U.S.
classification level that provides a degree of protection at least
equivalent to that required by the entity that furnished the
information. Foreign government information retaining its original
classification markings need not be assigned a U.S. classification
marking provided the responsible agency determines that the foreign
government markings are adequate to meet the purposes served by U.S.
classification markings.
(c) Information assigned a level of classification under
predecessor executive orders shall be considered as classified at that
level of classification.
Sec. 1301.69 Safeguarding classified information.
(a) All classified information shall be afforded a level of
protection against unauthorized disclosure commensurate with its level
of classification.
(b) The Executive Order and the Information Security Oversight
Office implementing directive provides information on the protection of
classified information. Specific controls on the use, processing,
storage, reproduction, and transmittal of classified information within
TVA to provide protection for such information and to prevent access by
unauthorized persons are contained in internal TVA procedures.
(c) Any person who discovers or believes that a classified document
is lost or compromised shall immediately report the circumstances to
their supervisor and the Senior Agency Official, who shall conduct an
immediate inquiry into the matter.
Michael T. Tallent,
Director, Enterprise Information Security & Policy (Acting).
[FR Doc. 2011-16810 Filed 7-5-11; 8:45 am]
BILLING CODE 8120-08-P
