Facility Security Clearance and Safeguarding of National Security Information and Restricted Data, 48076-48078 [2013-18944]

Download as PDF 48076 Proposed Rules Federal Register Vol. 78, No. 152 Wednesday, August 7, 2013 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Part 95 [NRC–2011–0268] RIN 3150–AJ07 Facility Security Clearance and Safeguarding of National Security Information and Restricted Data Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The 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. DATES: Submit comments by September 6, 2013. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure only that comments received on or before this date will be considered. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2011–0268. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, please contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this proposed rule. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 15:31 Aug 06, 2013 Jkt 229001 • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Daniel W. Lenehan, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 3501, email: Daniel.Lenehan@nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2011– 0268 when contacting the NRC about the availability of information for this proposed rule. You may access information related to this proposed rulemaking, which the NRC possesses and is publicly available, by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2011–0268. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2011– 0268 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS, and the NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Procedural Background. Because the NRC considers this action to be non-controversial, the NRC is publishing this proposed rule concurrently as a direct final rule in the Rules and Regulations section of this issue of the Federal Register. Adequate protection of public health and safety continues to be ensured. The direct final rule will become effective on October 21, 2013 However, if the NRC receives significant adverse comments on this proposed rule by September 6, 2013, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments received in response to these proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate E:\FR\FM\07AUP1.SGM 07AUP1 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Proposed Rules a second comment period on this action in the event the direct final rule is withdrawn. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (A) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; (B) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (C) The comment raises a relevant issue that was not previously addressed or considered by the NRC. (2) The comment proposes a change or an addition to the rule and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC to make a change (other than editorial) to the rule. For procedural information, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register. List of Subjects in 10 CFR Part 95 Classified information, Criminal penalties, Reporting and recordkeeping requirements, and Security measures. For the reasons set forth in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to adopt the following amendments to 10 CFR part 95. PART 95—FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL SECURITY INFORMATION AND RESTRICTED DATA 1. The authority citation for part 95 continues to read as follows: pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 ■ Authority: Atomic Energy Act Secs. 145, 161, 223, 234 (42 U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act sec. 201 (42 U.S.C.5841); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); E.O. 10865, as amended, 3 CFR 1959– 1963 Comp., p. 398 (50 U.S.C. 401, note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; EO 13526, 3 CFR 2010 Comp., pp. 298–327; E.O. 12968, 3 CFR, 1995 Comp., p. 391; E.O. 13526, 3 CFR, 2010 Comp., p. 298. VerDate Mar<15>2010 15:31 Aug 06, 2013 Jkt 229001 ■ 2. Revise § 95.33 to read as follows: § 95.33 Security education. All cleared employees must be provided with security training and briefings commensurate with their involvement with classified information. The facility official(s) responsible for the program shall determine the means and methods for providing security education and training. A licensee or other entity subject to part 95 may obtain defensive security, threat awareness, and other education and training information and material from their Cognoscent Security Agency (CSA) or other appropriate sources. (a) Facility Security Officer Training. Licensees or other entities subject to part 95 are responsible for ensuring that the Facility Security Officer, and other personnel performing security duties, complete security training deemed appropriate by the CSA. Training requirements must be based on the facility’s involvement with classified information and may include a Facility Security Officer Orientation Course and, for Facility Security Officers at facilities with safeguarding capability, a Facility Security Officer Program Management Course. Training, if required, should be completed within 1 year of appointment to the position of Facility Security Officer. (b) Government-Provided Briefings. The CSA is responsible for providing initial security briefings to the Facility Security Officer, and for ensuring that other briefings required for special categories of information are provided. (c) Temporary Help Suppliers. A temporary help supplier, or other contractor who employs cleared individuals solely for dispatch elsewhere, is responsible for ensuring that required briefings are provided to their cleared personnel. The temporary help supplier or the using licensee’s, certificate holder’s, or other person’s facility may conduct these briefings. (d) Classified Information Nondisclosure Agreement (SF–312). The SF–312 is an agreement between the United States and an individual who is cleared for access to classified information. An employee issued an initial access authorization must, in accordance with the requirements of § 25.23 of this chapter, execute an SF– 312 before being granted access to classified information. The Facility Security Officer shall forward the executed SF–312 to the CSA for retention. If the employee refuses to execute the SF–312, the licensee or other facility shall deny the employee access to classified information and PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 48077 submit a report to the CSA. The SF–312 must be signed and dated by the employee and witnessed. The employee’s and witness’ signatures must bear the same date. (e) Access to Classified Information. Employees may have access to classified information only if: (1) A favorable determination of eligibility for access has been made with respect to such employee by the CSA; (2) The employee has signed an approved non-disclosure agreement; and (3) The employee has a need-to-know the information. (f) Initial Security Briefings. Initial training shall be provided to every employee who has met the standards for access to classified information in accordance with paragraph (e) of this section before the employee is granted access to classified information. The initial training shall include the following topics: (1) A Threat Awareness Briefing; (2) A Defensive Security Briefing; (3) An overview of the security classification system; (4) Employee reporting obligations and requirements; and (5) Security procedures and duties applicable to the employee’s job. (g) Refresher Briefings. The licensee or other entities subject to part 95 shall conduct refresher briefings for all cleared employees at least annually. As a minimum, the refresher briefing must reinforce the information provided during the initial briefing and inform employees of appropriate changes in security regulations. This requirement may be satisfied by use of audio/video materials and/or by issuing written materials to cleared employees. (h) Persons who apply derivative classification markings shall receive training specific to the proper application of the derivative classification principles of Executive Order 13526, Classified National Security Information (75 FR 707; January 5, 2010), before derivatively classifying information and at least once every 2 years thereafter. (i) Debriefings. Licensee and other facilities shall debrief cleared employees at the time of termination of employment (discharge, resignation, or retirement); when an employee’s access authorization is terminated, suspended, or revoked; and upon termination of the Facility Clearance. (j) Records reflecting an individual’s initial and refresher security orientations and security termination must be maintained for 3 years after termination of the individual’s access authorization. E:\FR\FM\07AUP1.SGM 07AUP1 48078 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Proposed Rules Dated at Rockville, Maryland, this 23rd day of July, 2013. For the Nuclear Regulatory Commission. R. William Borchardt, Executive Director for Operations. [FR Doc. 2013–18944 Filed 8–6–13; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2013–0513; Airspace Docket No. 13–ASO–13] Proposed Amendment of Class E Airspace; Tazewell, TN Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to amend Class E Airspace at Tazewell, TN, as new Standard Instrument Approach Procedures have been developed at New Tazewell Municipal Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. DATES: Comments must be received on or before September 23, 2013. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey, SE., Washington, DC 20590–0001; Telephone: 1–800–647– 5527; Fax: 202–493–2251. You must identify the Docket Number FAA–2013– 0513; Airspace Docket No. 13–ASO–13, at the beginning of your comments. You may also submit and review received comments through the Internet at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305–6364. SUPPLEMENTARY INFORMATION: SUMMARY: pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 Comments Invited Interested persons are invited to comment on this rule by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, VerDate Mar<15>2010 15:31 Aug 06, 2013 Jkt 229001 aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA– 2013–0513; Airspace Docket No. 13– ASO–13) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at https://www.regulations.gov. Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2013–0513; Airspace Docket No. 13–ASO–13.’’ The postcard will be date/time stamped and returned to the commenter. All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs An electronic copy of this document may be downloaded from and comments submitted through https:// www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https://www.faa.gov/ airports_airtraffic/air_traffic/ publications/airspace_amendments/. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal Holidays at the office of the Eastern Service Center, Federal Aviation Administration, room 350, 1701 Columbia Avenue, College Park, Georgia 30337. Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, to request a copy of Advisory circular No. 11–2A, Notice of Proposed Rulemaking distribution System, which describes the application procedure. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 The Proposal The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to amend Class E airspace extending upward from 700 feet above the surface within a 13.4mile radius to support new Standard Instrument Approach Procedures developed at New Tazewell Municipal Airport, Tazewell, TN. Airspace reconfiguration is necessary due to the development of the RNAV (GPS) RWY 7 approach and for continued safety and management of IFR operations at the airport. Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.9W, dated August 8, 2012, and effective September 15, 2012, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This proposed rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This proposed regulation is within the scope of that authority as it would amend Class E airspace at New Tazewell Municipal Airport, Tazewell, TN. This proposal would be subject to an environmental analysis in accordance with FAA Order 1050.1E, E:\FR\FM\07AUP1.SGM 07AUP1

Agencies

[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Proposed Rules]
[Pages 48076-48078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18944]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / 
Proposed Rules

[[Page 48076]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 95

[NRC-2011-0268]
RIN 3150-AJ07


Facility Security Clearance and Safeguarding of National Security 
Information and Restricted Data

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The 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.

DATES: Submit comments by September 6, 2013. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure only that comments received on or before this date 
will be considered.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0268. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, please 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this proposed rule.
     Email comments to: Rulemaking.Comments@nrc.gov. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Daniel W. Lenehan, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3501, email: Daniel.Lenehan@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2011-0268 when contacting the NRC 
about the availability of information for this proposed rule. You may 
access information related to this proposed rulemaking, which the NRC 
possesses and is publicly available, by any of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0268.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2011-0268 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. The NRC will post all comment 
submissions at https://www.regulations.gov as well as enter the comment 
submissions into ADAMS, and the NRC does not routinely edit comment 
submissions to remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Procedural Background.

    Because the NRC considers this action to be non-controversial, the 
NRC is publishing this proposed rule concurrently as a direct final 
rule in the Rules and Regulations section of this issue of the Federal 
Register. Adequate protection of public health and safety continues to 
be ensured. The direct final rule will become effective on October 21, 
2013 However, if the NRC receives significant adverse comments on this 
proposed rule by September 6, 2013, then the NRC will publish a 
document that withdraws the direct final rule. If the direct final rule 
is withdrawn, the NRC will address the comments received in response to 
these proposed revisions in a subsequent final rule. Absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate

[[Page 48077]]

a second comment period on this action in the event the direct final 
rule is withdrawn.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (A) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (B) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (C) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule and it 
is apparent that the rule would be ineffective or unacceptable without 
incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule.
    For procedural information, see the direct final rule published in 
the Rules and Regulations section of this issue of the Federal 
Register.

List of Subjects in 10 CFR Part 95

    Classified information, Criminal penalties, Reporting and 
recordkeeping requirements, and Security measures.
    For the reasons set forth in the preamble and under the authority 
of the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to 
adopt the following amendments to 10 CFR part 95.

PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA

0
1. The authority citation for part 95 continues to read as follows:

    Authority:  Atomic Energy Act Secs. 145, 161, 223, 234 (42 
U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act sec. 201 
(42 U.S.C.5841); Government Paperwork Elimination Act sec. 1704 (44 
U.S.C. 3504 note); E.O. 10865, as amended, 3 CFR 1959-1963 Comp., p. 
398 (50 U.S.C. 401, note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; EO 
13526, 3 CFR 2010 Comp., pp. 298-327; E.O. 12968, 3 CFR, 1995 Comp., 
p. 391; E.O. 13526, 3 CFR, 2010 Comp., p. 298.
0
2. Revise Sec.  95.33 to read as follows:


Sec.  95.33  Security education.

    All cleared employees must be provided with security training and 
briefings commensurate with their involvement with classified 
information. The facility official(s) responsible for the program shall 
determine the means and methods for providing security education and 
training. A licensee or other entity subject to part 95 may obtain 
defensive security, threat awareness, and other education and training 
information and material from their Cognoscent Security Agency (CSA) or 
other appropriate sources.
    (a) Facility Security Officer Training. Licensees or other entities 
subject to part 95 are responsible for ensuring that the Facility 
Security Officer, and other personnel performing security duties, 
complete security training deemed appropriate by the CSA. Training 
requirements must be based on the facility's involvement with 
classified information and may include a Facility Security Officer 
Orientation Course and, for Facility Security Officers at facilities 
with safeguarding capability, a Facility Security Officer Program 
Management Course. Training, if required, should be completed within 1 
year of appointment to the position of Facility Security Officer.
    (b) Government-Provided Briefings. The CSA is responsible for 
providing initial security briefings to the Facility Security Officer, 
and for ensuring that other briefings required for special categories 
of information are provided.
    (c) Temporary Help Suppliers. A temporary help supplier, or other 
contractor who employs cleared individuals solely for dispatch 
elsewhere, is responsible for ensuring that required briefings are 
provided to their cleared personnel. The temporary help supplier or the 
using licensee's, certificate holder's, or other person's facility may 
conduct these briefings.
    (d) Classified Information Nondisclosure Agreement (SF-312). The 
SF-312 is an agreement between the United States and an individual who 
is cleared for access to classified information. An employee issued an 
initial access authorization must, in accordance with the requirements 
of Sec.  25.23 of this chapter, execute an SF-312 before being granted 
access to classified information. The Facility Security Officer shall 
forward the executed SF-312 to the CSA for retention. If the employee 
refuses to execute the SF-312, the licensee or other facility shall 
deny the employee access to classified information and submit a report 
to the CSA. The SF-312 must be signed and dated by the employee and 
witnessed. The employee's and witness' signatures must bear the same 
date.
    (e) Access to Classified Information. Employees may have access to 
classified information only if:
    (1) A favorable determination of eligibility for access has been 
made with respect to such employee by the CSA;
    (2) The employee has signed an approved non-disclosure agreement; 
and
    (3) The employee has a need-to-know the information.
    (f) Initial Security Briefings. Initial training shall be provided 
to every employee who has met the standards for access to classified 
information in accordance with paragraph (e) of this section before the 
employee is granted access to classified information. The initial 
training shall include the following topics:
    (1) A Threat Awareness Briefing;
    (2) A Defensive Security Briefing;
    (3) An overview of the security classification system;
    (4) Employee reporting obligations and requirements; and
    (5) Security procedures and duties applicable to the employee's 
job.
    (g) Refresher Briefings. The licensee or other entities subject to 
part 95 shall conduct refresher briefings for all cleared employees at 
least annually. As a minimum, the refresher briefing must reinforce the 
information provided during the initial briefing and inform employees 
of appropriate changes in security regulations. This requirement may be 
satisfied by use of audio/video materials and/or by issuing written 
materials to cleared employees.
    (h) Persons who apply derivative classification markings shall 
receive training specific to the proper application of the derivative 
classification principles of Executive Order 13526, Classified National 
Security Information (75 FR 707; January 5, 2010), before derivatively 
classifying information and at least once every 2 years thereafter.
    (i) Debriefings. Licensee and other facilities shall debrief 
cleared employees at the time of termination of employment (discharge, 
resignation, or retirement); when an employee's access authorization is 
terminated, suspended, or revoked; and upon termination of the Facility 
Clearance.
    (j) Records reflecting an individual's initial and refresher 
security orientations and security termination must be maintained for 3 
years after termination of the individual's access authorization.


[[Page 48078]]


    Dated at Rockville, Maryland, this 23rd day of July, 2013.
    For the Nuclear Regulatory Commission.
R. William Borchardt,
Executive Director for Operations.
[FR Doc. 2013-18944 Filed 8-6-13; 8:45 am]
BILLING CODE 7590-01-P