81 FR 64063 - Access to Classified Information by Historical Researchers and Certain Former Government Personnel
CENTRAL INTELLIGENCE AGENCY Federal Register Volume 81, Issue 181 (September 19, 2016)
Federal Register Volume 81, Issue 181 (September 19, 2016)
| Page Range | 64063-64066 | |
| FR Document | 2016-21825 |
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)] [Rules and Regulations] [Pages 64063-64066] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21825] ======================================================================= ----------------------------------------------------------------------- CENTRAL INTELLIGENCE AGENCY 32 CFR Part 1909 Access to Classified Information by Historical Researchers and Certain Former Government Personnel AGENCY: Central Intelligence Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Consistent with Executive Order 13526, the Central Intelligence Agency (CIA) is providing greater clarity about the procedures under which it may provide historical researchers and certain former Government personnel with access to classified CIA information. This rule is being issued as a final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act for rules of agency procedure and interpretation. DATES: Effective September 19, 2016. FOR FURTHER INFORMATION CONTACT: Joseph W. Lambert, (703) 613-1379. SUPPLEMENTARY INFORMATION: Consistent with section 4.4 of Executive Order 13526, the CIA has revised its access regulations to more clearly set forth the procedures used to provide historical researchers and certain former Government personnel with access to classified CIA information. This rule is being issued as a final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(A) for rules of agency procedure and interpretation. List of Subjects in 32 CFR Part 1909 Archives and records, Classified information, Historical records. 0 Accordingly, the CIA is revising 32 CFR part 1909 as follows: PART 1909--ACCESS TO CLASSIFIED CIA INFORMATION BY HISTORICAL RESEARCHERS AND CERTAIN FORMER GOVERNMENT PERSONNEL PURSUANT TO SEC. 4.4 OF EXECUTIVE ORDER 13526 Sec. 1909.1 Authority and purpose. 1909.2 Definitions. 1909.3 Contact for general information and requests. 1909.4 Suggestions and complaints. 1909.5 Requirements as to who may apply. 1909.6 Designation of authority to waive need-to-know and grant historical access requests. 1909.7 Receipt, recording, and tasking. 1909.8 Determinations on requests for access by former Presidents and Vice Presidents, former Presidential and Vice Presidential appointees or designees, and historical researchers. 1909.9 Action by the ARP. 1909.10 Final CIA decision. 1909.11 Notification of decision. 1909.12 Termination of access. Authority: Executive Order 13526, 75 FR 707, 3 CFR 2010 Comp., p. 298-327 (or successor Orders). Sec. 1909.1 Authority and purpose. (a) Authority. This part is issued under the authority of and in order to implement section 4.4 of Executive Order 13526, as amended (or successor Orders); section 1.6 of Executive Order 12333, as amended (or successor Orders); section 102A of the National Security Act of 1947, as amended; and section 6 of the Central Intelligence Agency Act of 1947, as amended. (b) Purpose. This part prescribes procedures for waiving the need- to-know requirement for access to classified information with respect to persons: (1) Requesting access to classified CIA information as historical researchers; (2) Requesting access to classified CIA information as a former Presidential or Vice Presidential appointee or designee; or (3) Requesting access to classified CIA information as a former President or Vice President. Sec. 1909.2 Definitions. As used in this part: Agency Release Panel or Panel or ARP means the CIA Agency Release Panel established pursuant to part 1900 of this chapter. CIA means the Unites States Central Intelligence Agency. Control means ownership or the authority of the CIA pursuant to Federal statute or legal privilege to regulate official or public access to records. Coordinator means the CIA Information and Privacy Coordinator who serves as the CIA manager of the historical access process established pursuant to section 4.4 of the Order. Days means business days. Three (3) days may be added to any time limit imposed on a requester by this part if responding by U.S. domestic mail; ten (10) days may be added if responding by international mail; [[Page 64064]] Director of Security means the CIA official responsible for making determinations regarding all security and access approvals and overseeing execution of the necessary secrecy, nondisclosure, and/or prepublication review agreements as may be required. Former Presidential or Vice Presidential appointee or designee means any person who has previously occupied a senior policy-making position in the Executive branch of the United States Government to which they were appointed or designated by the current or a former President or Vice President. Historical researcher means any individual with professional training in the academic field of history (or related fields such as journalism) engaged in a historical research project that is intended for publication (or any similar activity such as academic course development) and that is reasonably intended to increase the understanding of the American public regarding the operations and activities of the United States Government. This term also means anyone selected by a former President or Vice President, or by a former Presidential or Vice Presidential appointee or designee, to assist them in historical research as a research associate. Information means any knowledge that can be communicated or documentary material, regardless of its physical form that is owned by, produced by or for, or is under the control of the United States Government. Interested party means any official in the executive, congressional, or judicial branches of government, United States or foreign, or U.S. Government contractor who, in the sole discretion of the CIA, has a subject matter or physical interest in the documents or information at issue; Originator means the CIA officer who originated the information at issue, or successor in office, or a CIA officer who has been delegated declassification authority for the information at issue in accordance with the provisions of the Order. Order means Executive Order 13526 of December 29, 2009 and published at 75 FR 707 (or successor Orders). Senior Agency Official means the official designated by the DCIA under section 5.4(d) of the Order to direct and administer the CIA's program under which information is classified, safeguarded, and declassified. Sec. 1909.3 Contact for general information and requests. For general information on this part, to inquire about access to CIA information under this part, or to make a formal request for such access, please direct your communication in writing to the Information and Privacy Coordinator, Central Intelligence Agency, Washington, DC 20505. Inquiries will also by accepted by facsimile at (703) 613-3007. For general information only, the telephone number is (703) 613-1287. Collect calls cannot be accepted. Sec. 1909.4 Suggestions and complaints. The CIA welcomes suggestions, comments, or complaints with regard to its administration of the historical access provisions of Executive Order 13526. Members of the public shall address all such communications to the CIA Information and Privacy Coordinator. The CIA will respond as determined feasible and appropriate under the circumstances. Sec. 1909.5 Requirements as to who may apply. (a) Historical researchers--(1) In general. Any historical researcher as defined above may submit a request in writing to the Coordinator to be given access to classified information for purposes of that research. Any such request shall indicate the nature, purpose, and scope of the research project. (2) Additional considerations. In light of the very limited Agency resources, it is the policy of the Agency to consider applications for access by historical researchers (other than research associates) only in those instances where the researcher's needs cannot be satisfied through requests for access to reasonably described records under the Freedom of Information Act or the mandatory declassification review provisions of Executive Order 13526, and where issues of internal resource availability and fairness to all members of the historical research community militate in favor of a particular grant. (b) Former Presidential and Vice Presidential appointees or designees. Any former Presidential or Vice Presidential appointee or designee as defined herein may also submit a request to be given access to any classified items which they originated, reviewed, signed, or received while serving in that capacity. Requests from such appointees or designees shall be in writing to the Coordinator and shall identify the records containing the classified information of interest. Such appointees or designees may also request approval for a research associate, but there is no entitlement to such enlargement of access and the decision in this regard shall be in the sole discretion of the Senior Agency Official. (c) Former Presidents and Vice Presidents. Any former President or Vice President may submit a request for access to classified CIA information. Requests from former Presidents or Vice Presidents shall be in writing to the Coordinator and shall identify the records containing the classified information of interest. A former President or Vice President may also request approval for a research associate, but there is no entitlement to such enlargement of access and the decision in this regard shall be in the sole discretion of the Senior Agency Official Sec. 1909.6 Designation of authority to waive need-to-know and grant historical access requests. (a) The Agency Release Panel (ARP) is designated to review requests and shall issue a recommendation to the Senior Agency Official who shall issue the final CIA decision whether or not to waive the need-to- know and grant requests for access by historical researchers, by former Presidential and Vice Presidential appointees and designees, or by former Presidents and Vice Presidents under Executive Order 13526 (or successor Orders) and these regulations. (b) ARP Membership. The ARP is chaired by the Director, Information Management Services and composed of the Chief, Information Review and Release Group, the Chief, Classification Management Program Office, the Information Review Officers from the various Directorates and the DCIA area, as well as the representatives of the various release programs and offices within CIA. The Information and Privacy Coordinator also serves as Executive Secretary of the ARP. Sec. 1909.7 Receipt, recording, and tasking. The Information and Privacy Coordinator shall within ten (10) days make a record of each request for access received under this part, acknowledge receipt to the requester in writing, and take the following actions: (a) Compliance with general requirements. The Coordinator shall review each request under this part and determine whether it meets the general requirements as set forth in Sec. 1909.5 and notify the requester that the request has been accepted for consideration if it does. If it does not, the Coordinator shall so notify the requester and explain [[Page 64065]] the basis for this decision and any steps that can be taken to perfect the request. (b) Action on requests meeting general requirements. For requests which meet the requirements of Sec. 1909.5, the Coordinator shall thereafter task the Director, Center for the Study of Intelligence, the originator(s) of the information for which access is sought, and other interested parties to review the request and provide their input concerning whether or not the required determinations set forth in Sec. 1909.8 can be made. Additional taskings may be directed as required during the review process. Sec. 1909.8 Determinations on requests for access by former Presidents and Vice Presidents, former Presidential and Vice Presidential appointees or designees, and historical researchers. (a) Required determinations for former Presidents and Vice Presidents. In order to recommend approval of an access request made by a former President or Vice President, the ARP must make the following determinations in writing: (1) That the access is consistent with the interest of national security; (2) That a nondisclosure agreement has been or will be executed by the requester and other appropriate steps are taken to assure that classified information will not be disclosed or otherwise compromised; (3) That a CIA prepublication review agreement has been or will be executed by the requester which provides for a review of notes and any resulting manuscript; and, (4) That appropriate steps can be taken to ensure that the information is safeguarded in a manner consistent with Executive Order 13526. (b) Required determinations for former Presidential and Vice Presidential appointees or designees. In order to recommend approval of an access request made by a former Presidential or Vice Presidential appointee or designee, the ARP must make the following determinations in writing: (1) That the requester has previously occupied a senior policy- making position to which the requester was appointed or designated by the President or Vice President; (2) That the access is consistent with the interest of national security; (3) That a nondisclosure agreement has been or will be executed by the requester and other appropriate steps are taken to assure that classified information will not be disclosed or otherwise compromised; (4) That a CIA prepublication review agreement has been or will be executed by the requester which provides for a review of notes and any resulting manuscript; (5) That appropriate steps can be taken to ensure that the information is safeguarded in a manner consistent with Executive Order 13526; and, (6) That access will be limited to items that the person originated, reviewed, signed, or received while serving as a Presidential or Vice Presidential appointee or designee. (c) Required determinations for a research associate of a former President or Vice President, or of a former Presidential or Vice Presidential appointee or designee. In order to recommend approval of a request for historical access by a research associate, the ARP must make the following determinations in writing: (1) That the requester has been selected as a research associate of a former President or Vice President, or of a Presidential or Vice Presidential appointee or designee; (2) That the access is consistent with the interest of national security, and one factor in that determination is that an appropriate security check has been conducted and a security clearance or access has been issued by an appropriate U.S. Government agency; (3) That a nondisclosure agreement has been or will be executed by the requester and other appropriate steps are taken to assure that classified information will not be disclosed or otherwise compromised; (4) That a CIA prepublication review agreement has been or will be executed by the requester which provides for a review of notes and any resulting manuscript; (5) That appropriate steps can be taken to ensure that the information is safeguarded in a manner consistent with Executive Order 13526; and, (6) That, in the case of a former Presidential or Vice Presidential appointee or designee, access by the research associate will be limited to items that the Presidential or Vice Presidential appointee or designee who selected the research associate originated, reviewed, signed, or received while serving as a Presidential or Vice Presidential appointee or designee. (d) Required determinations for a historical researcher (other than a research associate). In order to recommend approval of an access request made by a historical researcher (other than a research associate to which paragraph (c) of this section applies) the ARP must make the following determinations in writing: (1) That a serious professional or scholarly research project by the requester is contemplated; (2) That the access is consistent with the interest of national security, and one factor in that determination is that an appropriate security check has been conducted and a security clearance or access has been issued by an appropriate U.S. Government agency; (3) That a nondisclosure agreement has been or will be executed by the requester, and other appropriate steps are taken to assure that classified information will not be disclosed or otherwise compromised; (4) That a CIA prepublication review agreement has been or will be executed by the requester, which provides for a review of notes and any resulting manuscript; (5) That the information requested is reasonably accessible and can be located and compiled with a reasonable effort; (6) That it is reasonably expected that substantial and substantive Government documents and/or information will be amenable to declassification and release and/or publication; (7) That sufficient resources are available for the administrative support of the historical researcher given current requirements; and, (8) That the request cannot be satisfied to the same extent through requests for access to reasonably described records under the Freedom of Information Act or the Mandatory Declassification Review provisions of Executive Order 13526. Sec. 1909.9 Action by the ARP. The ARP shall meet on a regular schedule and may take action when a simple majority of the total membership is present. A recommendation to the Senior Agency Official concerning whether or not to grant requests for access to classified CIA information by former Presidents or Vice Presidents, by former Presidential or Vice Presidential appointees or designees, or by historical researchers shall be made by a majority vote of the members present. Sec. 1909.10 Final CIA decision. (a) Upon receipt of a recommendation by the ARP concerning whether or not to grant access to classified CIA information under this part, the Senior Agency Official may, in his sole discretion, waive the need- to-know requirement and approve such access only if he or she: (1) Determines in writing that access is consistent with the interests of national security; (2) Takes appropriate steps to protect classified information from [[Page 64066]] unauthorized disclosure or compromise and ensures that the information is safeguarded in a manner consistent with Executive Order 13526; and, (3) Limits any access granted to former Presidential or Vice Presidential appointees and designees (or any research associate they select) to the items that the former Presidential or Vice Presidential appointee or designee originated, reviewed, signed, or received while serving in that capacity. (b) The Director of the Central Intelligence Agency reserves the authority to make a superseding decision concerning whether or not to waive the need-to-know requirement and to grant access to classified CIA information under this part in any case only if he or she: (1) Determines in writing that access is consistent with the interests of national security; (2) Takes appropriate steps to protect classified information from unauthorized disclosure or compromise, and ensures that the information is safeguarded in a manner consistent with Executive Order 13526; and, (3) Limits any historical access granted to former Presidential or Vice Presidential appointees and designees (or any research associate they select) to the items that the former Presidential or Vice Presidential appointee or designee originated, reviewed, signed, or received while serving in that capacity. (c) The Senior Agency Official also may make a determination that a successive request for historical access falls within the scope of an earlier waiver of the ``need-to-know'' criterion under section 4.4 of the Order, so long as the extant waiver is no more than two years old. Sec. 1909.11 Notification of decision. The Executive Secretary shall inform the requester of the final CIA decision and, if favorable, shall manage the access for such period of time as deemed required, but in no event for more than two years unless renewed by the Senior Agency Official, in accordance with the requirements of this part for waiving need-to-know and granting access in the first instance. Sec. 1909.12 Termination of access. The Coordinator shall cancel any authorization and deny any further access whenever the Director of Security cancels the security clearance of any person who has been granted access to classified CIA information under the part; or whenever the Senior Agency Official, or the Director of the Central Intelligence Agency, determines that continued access would no longer be consistent with the requirements of this part; or at the conclusion of the authorized period of up to two years if there is no renewal under Sec. 1909.11. Dated: August 30, 2016. Joseph W. Lambert, Director, Information Management Services. [FR Doc. 2016-21825 Filed 9-16-16; 8:45 am] BILLING CODE 6310-02-P
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§ 66.3 Definitions. ■ c. In paragraph (b)(1), removing ‘‘State 1909.3 Contact for general information and
* * * * * or federal jurisdiction’’ and adding in its requests.
Dependent. place ‘‘the appropriate State or federal 1909.4 Suggestions and complaints.
jurisdiction.’’ 1909.5 Requirements as to who may apply.
* * * * * 1909.6 Designation of authority to waive
(2) An unmarried step-child under the Dated: September 13, 2016. need-to-know and grant historical access
age of 18 living with the applicant. Aaron Siegel, requests.
(3) An unmarried biological child or Alternate OSD Federal Register Liaison 1909.7 Receipt, recording, and tasking.
unmarried adopted child of the Officer, Department of Defense. 1909.8 Determinations on requests for
applicant under the age of 18. [FR Doc. 2016–22408 Filed 9–16–16; 8:45 am]
access by former Presidents and Vice
* * * * * Presidents, former Presidential and Vice
BILLING CODE 5001–06–P Presidential appointees or designees, and
■ 3. Amend § 66.5 by: historical researchers.
■ a. Revising paragraph (a). 1909.9 Action by the ARP.
■ b. Removing paragraph (c) and 1909.10 Final CIA decision.
CENTRAL INTELLIGENCE AGENCY
redesignating paragraph (d) as 1909.11 Notification of decision.
paragraph (c). 32 CFR Part 1909 1909.12 Termination of access.
The revision reads as follows:
Authority: Executive Order 13526, 75 FR
Access to Classified Information by 707, 3 CFR 2010 Comp., p. 298–327 (or
§ 66.5 Responsibilities.
Historical Researchers and Certain successor Orders).
(a) Under the authority, direction, and Former Government Personnel
control of the Under Secretary of § 1909.1 Authority and purpose.
Defense for Personnel and Readiness AGENCY: Central Intelligence Agency. (a) Authority. This part is issued
(USD(P&R)), the Assistant Secretary of ACTION: Final rule. under the authority of and in order to
Defense for Manpower and Reserve implement section 4.4 of Executive
Affairs (ASD(M&RA)): SUMMARY: Consistent with Executive
Order 13526, the Central Intelligence Order 13526, as amended (or successor
(1) Acts as an advisor to the Orders); section 1.6 of Executive Order
USD(P&R) on the Reserve enlistment Agency (CIA) is providing greater clarity
about the procedures under which it 12333, as amended (or successor
and appointment standards. Orders); section 102A of the National
(2) Acts as an advisor to the may provide historical researchers and
certain former Government personnel Security Act of 1947, as amended; and
USD(P&R) on the height and weight
with access to classified CIA section 6 of the Central Intelligence
requirements of the standards in § 66.6.
(3) Ensures the U.S. Military Entrance information. This rule is being issued as Agency Act of 1947, as amended.
Processing Command assists the a final rule without prior notice of (b) Purpose. This part prescribes
Military Services in implementing the proposed rulemaking as allowed by the procedures for waiving the need-to-
standards in § 66.6. Administrative Procedure Act for rules know requirement for access to
of agency procedure and interpretation. classified information with respect to
* * * * * persons:
DATES: Effective September 19, 2016.
§ 66.6 [Amended] (1) Requesting access to classified CIA
FOR FURTHER INFORMATION CONTACT:
information as historical researchers;
■ 4. Amend § 66.6 by: Joseph W. Lambert, (703) 613–1379.
■ a. In paragraph (b)(2)(ii), adding the (2) Requesting access to classified CIA
SUPPLEMENTARY INFORMATION: Consistent information as a former Presidential or
words ‘‘,when not operating as a Service with section 4.4 of Executive Order
under the Navy’’ after ‘‘The Secretary of Vice Presidential appointee or designee;
13526, the CIA has revised its access or
Defense (or the Secretary of Homeland regulations to more clearly set forth the
Security for the Coast Guard.’’ (3) Requesting access to classified CIA
procedures used to provide historical information as a former President or
■ b. In paragraph (b)(3)(ii), removing
researchers and certain former Vice President.
‘‘Bearers of alternative credential’’ and Government personnel with access to
adding in its place ‘‘Bearers of an classified CIA information. This rule is § 1909.2 Definitions.
alternative credential.’’ being issued as a final rule without prior
■ c. In paragraph (b)(8)(iii), adding a
As used in this part:
notice of proposed rulemaking as Agency Release Panel or Panel or ARP
comma after the words ‘‘conviction’’
allowed by the Administrative means the CIA Agency Release Panel
and ‘‘adjudication.’’
Procedure Act, 5 U.S.C. 553(b)(3)(A) for established pursuant to part 1900 of this
■ d. In paragraph (b)(8)(vi)(A), removing
rules of agency procedure and chapter.
‘‘(OPM)’’ and adding in its place
interpretation. CIA means the Unites States Central
‘‘(Office of Personnel Management
(OPM)).’’ List of Subjects in 32 CFR Part 1909 Intelligence Agency.
■ e. In paragraph (b)(9)(ii), removing the Control means ownership or the
Archives and records, Classified authority of the CIA pursuant to Federal
comma after ‘‘The MEPS Chief Medical information, Historical records.
Officer.’’ statute or legal privilege to regulate
■ Accordingly, the CIA is revising 32 official or public access to records.
§ 66.7 [Amended] CFR part 1909 as follows: Coordinator means the CIA
■ 5. Amend § 66.7 by: Information and Privacy Coordinator
PART 1909—ACCESS TO CLASSIFIED who serves as the CIA manager of the
■ a. At the end of paragraph (a)
CIA INFORMATION BY HISTORICAL historical access process established
introductory text, adding the sentence
RESEARCHERS AND CERTAIN pursuant to section 4.4 of the Order.
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‘‘The waiver procedure is not automatic,
FORMER GOVERNMENT PERSONNEL Days means business days. Three (3)
and approval is based on each
PURSUANT TO SEC. 4.4 OF days may be added to any time limit
individual case.’’
■ b. In paragraph (a)(3), adding the
EXECUTIVE ORDER 13526 imposed on a requester by this part if
sentence ‘‘Waivers are not authorized Sec. responding by U.S. domestic mail; ten
for cases noted in § 66.6(b)(8)(iii).’’ at 1909.1 Authority and purpose. (10) days may be added if responding by
the end of the paragraph. 1909.2 Definitions. international mail;
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unauthorized disclosure or compromise consistent with the requirements of this COTP Captain of the Port
and ensures that the information is part; or at the conclusion of the DHS Department of Homeland Security
safeguarded in a manner consistent with authorized period of up to two years if FR Federal Register
NPRM Notice of proposed rulemaking
Executive Order 13526; and, there is no renewal under § 1909.11. § Section
(3) Limits any access granted to Dated: August 30, 2016. TFR Temporary Final Rule
former Presidential or Vice Presidential Joseph W. Lambert, U.S.C. United States Code
appointees and designees (or any
Director, Information Management Services. II. Background Information and
research associate they select) to the
items that the former Presidential or [FR Doc. 2016–21825 Filed 9–16–16; 8:45 am] Regulatory History
Vice Presidential appointee or designee BILLING CODE 6310–02–P The Coast Guard is issuing this
originated, reviewed, signed, or received temporary final rule without prior
while serving in that capacity. notice and opportunity to comment
(b) The Director of the Central DEPARTMENT OF HOMELAND pursuant to authority under section 4(a)
Intelligence Agency reserves the SECURITY of the Administrative Procedure Act
authority to make a superseding (APA) (5 U.S.C. 553(b)). This provision
decision concerning whether or not to Coast Guard authorizes an agency to issue a rule
waive the need-to-know requirement without prior notice and opportunity to
and to grant access to classified CIA 33 CFR Part 165 comment when the agency for good
information under this part in any case [USCG–2016–0790] cause finds that those procedures are
only if he or she: ‘‘impracticable, unnecessary, or contrary
(1) Determines in writing that access RIN 1625–AA87 to the public interest.’’
is consistent with the interests of Under 5 U.S.C. 553(b)(B), the Coast
Security Zone; 22nd International
national security; Guard finds that good cause exists for
Seapower Symposium, Goat Island,
(2) Takes appropriate steps to protect not publishing a NPRM with respect to
Newport, RI
classified information from this rule. Because of the sensitive
unauthorized disclosure or compromise, AGENCY: Coast Guard, DHS. security issues related to these special
and ensures that the information is ACTION: Temporary final rule. events, the Coast Guard was not aware
safeguarded in a manner consistent with of the final details with sufficient time
Executive Order 13526; and, SUMMARY: The Coast Guard is to solicit public comments. Thus,
(3) Limits any historical access establishing a temporary security zone waiting for a full comment period to run
granted to former Presidential or Vice along the western shore of Goat Island, would inhibit the Coast Guard’s ability
Presidential appointees and designees Newport, Rhode Island, including the to keep senior military leaders and
(or any research associate they select) to vicinity of Newport Harbor Light at the government officials, along with the
the items that the former Presidential or northeastern point of Goat Island to and general public, safe from subversive acts
Vice Presidential appointee or designee around the Goat Island Connector directed at these high visibility special
originated, reviewed, signed, or received between Goat Island and Newport, events. Providing a prolonged public
while serving in that capacity. Rhode Island, in conjunction with the notice and comment period is contrary
(c) The Senior Agency Official also 22nd International Seapower to the public interest due to national
may make a determination that a Symposium. Entry into this zone by any security concerns.
successive request for historical access vessel or persons is prohibited unless We are issuing this rule, and under 5
falls within the scope of an earlier specifically authorized by the Captain of U.S.C. 553(d)(3), the Coast Guard finds
waiver of the ‘‘need-to-know’’ criterion the Port (COTP), Southeastern New that good cause exists for making this
under section 4.4 of the Order, so long England or the COTP’s designated on- rule effective less than 30 days after
as the extant waiver is no more than two scene representative. publication in the Federal Register. Any
years old. DATES: This rule is effective without delay encountered in this temporary
actual notice from September 19, 2016 rule’s effective date would be contrary
§ 1909.11 Notification of decision. to the public interest given the
until September 23, 2016. For the
The Executive Secretary shall inform purposes of enforcement, actual notice immediate need to ensure the safety and
the requester of the final CIA decision will be used from September 18, 2016 security of event attendees.
and, if favorable, shall manage the until September 19, 2016. III. Legal Authority and Need for Rule
access for such period of time as
ADDRESSES: To view documents The Coast Guard is issuing this rule
deemed required, but in no event for
mentioned in this preamble as being under authority in 33 U.S.C. 1231;
more than two years unless renewed by
available in the docket, go to http:// which authorizes the Coast Guard to
the Senior Agency Official, in
www.regulations.gov, type USCG–2016– define Security Zones.
accordance with the requirements of
0790 in the ‘‘SEARCH’’ box and click This action is intended to temporarily
this part for waiving need-to-know and
‘‘SEARCH.’’ Click on Open Docket prohibit vessel traffic from transiting
granting access in the first instance.
Folder on the line associated with this within 250 yards of the western shore of
§ 1909.12 Termination of access. rule. Goat Island and within a 250 yard
The Coordinator shall cancel any FOR FURTHER INFORMATION CONTACT: If radius of Newport Harbor Light at the
authorization and deny any further you have questions on this temporary northeastern point of Goat Island and
access whenever the Director of Security rule, call or email Mr. Edward G. extending to 250 yards on either side of
cancels the security clearance of any LeBlanc at Sector Southeastern New the Goat Island Connector between Goat
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person who has been granted access to England; telephone (401) 435–2351, Island and Newport, Rhode Island, to
classified CIA information under the email Edward.G.LeBlanc@uscg.mil. ensure the security of attendees to the
part; or whenever the Senior Agency SUPPLEMENTARY INFORMATION: 22nd International Seapower
Official, or the Director of the Central Symposium by properly safeguarding
Intelligence Agency, determines that I. Table of Acronyms against potential sabotage, subversive
continued access would no longer be CFR Code of Federal Regulations acts, or other threats.
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Document Created: 2016-09-17 02:30:12
Document Modified: 2016-09-17 02:30:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective September 19, 2016. | |
| Contact | Joseph W. Lambert, (703) 613-1379. | |
| FR Citation | 81 FR 64063 | |
| CFR Associated | Archives and Records; Classified Information and Historical Records |
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