Facility Security Clearance and Safeguarding of National Security Information and Restricted Data, 48076-48078 [2013-18944]
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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.
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SUMMARY:
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• 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
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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
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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.
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■
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
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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.
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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,
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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
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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,
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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