82 FR 41503 - Safeguarding of Restricted Data by Access Permittees
DEPARTMENT OF ENERGY Federal Register Volume 82, Issue 169 (September 1, 2017)
Federal Register Volume 82, Issue 169 (September 1, 2017)
| Page Range | 41503-41508 | |
| FR Document | 2017-18043 |
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)] [Rules and Regulations] [Pages 41503-41508] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18043] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY 10 CFR Part 1016 [Docket No. DOE-HQ-2015-0029-0001] RIN 1992-AA46 Safeguarding of Restricted Data by Access Permittees AGENCY: Department of Energy. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Energy (DOE or Department) has revised its regulations governing the standards for safeguarding Restricted Data by access permittees. The previous version of this regulation was promulgated in 1983. Since 1983, changes in organizations, terminology, and DOE and national policies rendered portions of the previous regulation outdated. This version updates existing requirements. DATES: This rule is effective October 2, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Linda Ruhnow, Office of Security Policy at (301) 903-2661; [email protected]. SUPPLEMENTARY INFORMATION: I. Background II. Section by Section Analysis III. Regulatory Review and Procedural Requirements A. Review Under Executive Order 12866 B. Review Under the Regulatory Flexibility Act C. Review Under Paperwork Reduction Act D. Review Under the National Environmental Policy Act E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under Executive Order 13211 I. Review Under the Treasury and General Government Appropriations Act of 1999 J. Congressional Notification K. Approval by the Office of the Secretary I. Background The U.S. Department of Energy may issue an access permit to any person, as set forth in 10 CFR part 725, who requires access to Restricted Data applicable to civil uses of atomic energy for use in his/her business, trade or profession. 10 CFR part 725 specifies the terms and conditions under which the Department will issue an access permit and provides for the amendment, renewal, suspension, termination and revocation of an access permit. The regulations in 10 CFR part 1016 establish requirements for the safeguarding of Secret and Confidential Restricted Data received or developed under an access permit. This part does not apply to Top Secret information because no such information may be provided to an access permittee within the scope of this regulation. The regulations in this part apply to all persons who may require access to Restricted Data used, processed, stored, reproduced, transmitted, or handled in connection with an access permit. The original regulations for the safeguarding of Restricted Data were Atomic Energy Commission regulations that were transferred to the Energy Research and Development Administration (ERDA) upon its formation in 1974 (Energy Reorganization Act of 1974; Pub. L. 93-438). The regulations were subsequently revised to conform to ERDA's organization (41 FR 56775, 41 FR 56785-56788, Dec. 30, 1976). The regulations were updated and transferred from 10 CFR part 795 to 10 CFR part 1016 in Aug. 10, 1983 (48 FR 36432). DOE has developed this version of 10 CFR part 1016 to reflect organizational, terminology and policy changes that have occurred since the regulations were last revised. DOE proposed changes to the regulations at 10 CFR part 1016 on November 16, 2016 (81 FR 80612). No comments were received. No changes were made to the proposed regulations except to modify the definition of an ``L'' access authorization in Sec. 1016.3, Definitions. II. Section by Section Analysis With the exception of the definition of an ``L'' access authorization in Sec. 1016.3, Definitions, the modifications to 10 CFR part 1016 adopted in this final rule are described in the Section by Section Analysis in section II of DOE's notice of proposed rulemaking published on November 16, 2016 (81 FR 80612). In Sec. 1016.3, Definitions, the definition of ``L'' access authorization was modified from DOE's proposed changes to update the type of background investigation required by DOE and national level directives. The reference to National Agency Checks with Local Agency Checks and Credit Check background investigation has been replaced with a Tier III background investigation. III. Rulemaking Requirements A. Review Under Executive Order 12866 This action does not constitute a ``significant regulatory action'' as defined in section 3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735). B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of a regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ``Proper Consideration of Small Entities in Agency Rulemaking'' (67 FR 53461, Aug. 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. DOE has made its procedures and policies available on the Office of the General Counsel's Web site (www.gc.doe.gov). DOE has reviewed this rule under the Regulatory Flexibility Act and certifies that, as adopted, the rule would not have a significant impact on a substantial number of small entities. [[Page 41504]] This action amends an existing rule which establishes safeguarding of Restricted Data by persons granted an Access Permit according to 10 CFR part 725. The rule would only apply to Access Permittees, of which there are historically very few (e.g., between zero and five), and the changes are administrative changes (such as renumbering of several parts and changing office names to reflect a recent reorganization), updates to enable consistency with current policies and practices, and clarification of requirements. Because these standards and requirements consist of clarifications and updates to existing standards and requirements, DOE does not expect that the impact on any Access Permittees would be significant. DOE sought comment on its estimate of the number of small entities and the expected effects of this rule and received no comments. For the above reasons, DOE certifies that the rule, as adopted, will not have a significant economic impact on a substantial number of small entities. C. Review Under Paperwork Reduction Act This rule does not contain a collection of information subject to OMB approval under the Paperwork Reduction Act. D. Review Under the National Environmental Policy Act This rule amends existing policies and procedures establishing safeguarding of Restricted Data standards and requirements for Access Permittees and has no significant environmental impact. Consequently, the Department has determined that this rule is covered under Categorical Exclusion A-5, of appendix A to subpart D, 10 CFR part 1021, which applies to a rulemaking that addresses amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. Accordingly, neither an environmental assessment nor an environmental impact statement is required. E. Review Under Executive Order 13132 Executive Order 13132, ``Federalism,'' (64 FR 43255, August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to develop a formal process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have ``federalism implications.'' Policies that have federalism implications are defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' On March 7, 2011, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations (65 FR 13735, March 14, 2000). DOE has examined this rule and has determined that it does not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. F. Review Under Executive Order 12988 Section 3 of Executive Order 12988, (61 FR 4729, February 7, 1996), instructs each agency to adhere to certain requirements in promulgating new regulations. These requirements, set forth in section 3(a) and (b), include eliminating drafting errors and needless ambiguity, drafting the regulations to minimize litigation, providing clear and certain legal standards for affected legal conduct, and promoting simplification and burden reduction. Agencies are also instructed to make every reasonable effort to ensure that the regulation describes any administrative proceeding to be available prior to judicial review and any provisions for the exhaustion of administrative remedies. The Department has determined that this regulatory action meets the requirements of section 3(a) and (b) of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory action on state, local and tribal governments and the private sector. For regulatory actions likely to result in a rule that may cause expenditures by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish estimates of the resulting costs, benefits, and other effects on the national economy. UMRA also requires Federal agencies to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed ``significant intergovernmental mandate.'' In addition, UMRA requires an agency plan for giving notice and opportunity for timely input to small governments that may be affected before establishing a requirement that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA (62 FR 12820, March 18, 1997). (This policy is also available at http://www.gc.doe.gov.) This rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply. H. Review Under Executive Order 13211 Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR 28355, May 22, 2001) requires Federal agencies to prepare and submit to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, a Statement of Energy Effects for any significant energy action. A ``significant energy action'' is defined as any action by an agency that promulgates or is expected to lead to the promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternates to the action and their expected benefits on energy supply, distribution, and use. This rule is not a significant energy action, nor has it been designated as such by the Administrator of OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects. I. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule or policy that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it [[Page 41505]] is not necessary to prepare a Family Policymaking Assessment. J. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. The report will state that it has been determined that the rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). K. Approval by the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects in 10 CFR Part 1016 Classified information, Nuclear energy, Reporting and recordkeeping requirements, Security measures. Issued in Washington, DC, on August 15, 2017. Andrew C. Lawrence, Acting Associate Under Secretary for Environment, Health, Safety and Security. For the reasons set out in the preamble, DOE amends part 1016 of title 10 of the Code of Federal Regulations as set forth below: PART 1016--SAFEGUARDING OF RESTRICTED DATA BY ACCESS PERMITTEES 0 1. The authority citation for part 1016 continues to read as follows: Authority: Sec. 161.i. of the Atomic Energy Act of 1954, 68 Stat. 948 (42 U.S.C. 2201). 0 2. The part heading for part 1016 is revised to read as set forth above. 0 3. Section 1016.3 is amended by: 0 a. Revising paragraph (a). 0 b. Removing paragraph (c). 0 c. Redesignating paragraphs (d) and (e) as paragraphs (c) and (d), respectively. 0 d. Revising newly designated paragraphs (c) and (d). 0 e. Redesignating paragraphs (f) and (g) as paragraphs (e) and (f), respectively. 0 f. Removing paragraph (h). 0 g. Redesignating paragraphs (i) through (k) as paragraphs (g) through (i), respectively. 0 h. Revising newly designated paragraphs (h) and (i). 0 i. Removing paragraphs (l) and (m). 0 j. Redesignating paragraphs (n) through (z) as paragraphs (j) through (v), respectively. 0 k. Revising newly designated paragraphs (k) and (u). The revisions read as follows: Sec. 1016.3 Definitions. (a) Access authorization. An administrative determination by DOE that an individual who is either a DOE employee, applicant for employment, consultant, assignee, other Federal department or agency employee (or other persons who may be designated by the Secretary of Energy), or a DOE contractor or subcontractor employee, or an access permittee is eligible for access to Restricted Data. Access authorizations granted by DOE are designated as ``Q,'' ``Q(X),'' ``L,'' or ``L(X).'' (1) ``Q'' access authorizations are based upon single scope background investigations as set forth in applicable DOE and national- level directives. They permit an individual who has ``need to know'' access to Top Secret, Secret and Confidential Restricted Data, Formerly Restricted Data, National Security Information, or special nuclear material in Category I or II quantities as required in the performance of duties, subject to additional determination that permitting this access will not endanger the common defense or national security of the United States. There may be additional requirements for access to specific types of RD information. (2) ``Q(X)'' access authorizations are based upon the same level of investigation required for a Q access authorization. When ``Q'' access authorizations are granted to access permittees they are identified as ``Q(X)'' access authorizations and, as need-to-know applies, authorize access only to the type of Secret Restricted Data as specified in the permit and consistent with appendix A, 10 CFR part 725, ``Categories of Restricted Data Available.'' (3) ``L'' access authorizations are based upon a Tier III (formerly National Agency Check with Local Agency Checks and Credit Checks (NACLC)/Access National Agency Check with Inquiries (ANACI)) background investigation as set forth in applicable national-level directives. They permit an individual who has ``need to know'' access to Confidential Restricted Data, Secret and Confidential Formerly Restricted Data, or Secret and Confidential National Security Information, required in the performance of duties, provided such information is not designated ``CRYPTO'' (classified cryptographic information), ``COMSEC'' (communications security), or intelligence information and subject to additional determination that permitting this access will not endanger the common defense or national security of the United States. There may be additional requirements for access to specific types of RD information. (4) ``L(X)'' access authorizations are based upon the same level of investigation required for an ``L'' access authorization. When ``L'' access authorizations are granted to access permittees, they are identified as ``L(X)'' access authorizations and, as need to know applies, authorize access only to the type of Confidential Restricted Data as specified in the permit and consistent with appendix A, 10 CFR part 725, ``Categories of Restricted Data Available.'' * * * * * (c) Classified mail address. A mail address established for each access permittee and approved by the DOE to be used when sending Restricted Data to the permittee. (d) Classified matter. Anything in physical form (including, but not limited to documents and material) that contains or reveals classified information. * * * * * (h) Infraction. An act or omission involving failure to comply with DOE safeguards and security orders, directives, or approvals and may include a violation of law. (i) Intrusion detection system. A security system consisting of sensors capable of detecting one or more types of phenomena, signal media, annunciators, energy sources, alarm assessment systems, and alarm reporting elements including alarm communications and information display equipment. * * * * * (k) National Security Information. Information that has been determined pursuant to Executive Order 13526, as amended ``Classified National Security Information'' or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. * * * * * (u) Security Plan. A written plan by the access permittee, and submitted to the DOE for approval, which outlines the permittee's proposed security procedures and controls for the protection of Restricted Data and which includes a floor plan of the area in which the classified matter is to be used, processed, stored, reproduced, transmitted, or handled. * * * * * 0 4. Section 1016.4 is revised to read as follows: Sec. 1016.4 Communications. Communications concerning rulemaking, i.e., petition to change this part, should be addressed to the Associate Under Secretary, Office of Environment, Health, Safety and [[Page 41506]] Security, AU-1/Forrestal Building, Office of Environment, Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585. All other communications concerning the regulations in this part should be addressed to the cognizant DOE or National Nuclear Security Administration (NNSA) office. 0 5. Section 1016.5 is revised to read as follows: Sec. 1016.5 Submission of procedures by access permit holder. No access permit holder shall have access to Restricted Data until he has submitted to the DOE a written statement of his procedures for the safeguarding of Restricted Data and for the security education of his employees, and DOE shall have determined and informed the permittee that his procedures for the safeguarding of Restricted Data are in compliance with the regulations in this part and that his procedures for the security education of his employees, who will have access to Restricted Data, are informed about and understand the regulations in this part. These procedures must ensure that employees with access to Restricted Data are informed about and understand who is authorized or required to classify and declassify RD and FRD information and classified matter as well as how documents containing RD or FRD are marked (see 10 CFR part 1045) and safeguarded. 0 6. The heading for Sec. 1016.8 is revised to read as follows: Sec. 1016.8 Request for security facility approval. * * * * * 0 7. Section 1016.9 is revised to read as follows: Sec. 1016.9 Processing security facility approval. Following receipt of an acceptable request for security facility approval, the DOE will perform an initial security survey of the permittee's facility to determine that granting a security facility approval would be consistent with the national security. If DOE makes such a determination, security facility approval will be granted. If not, security facility approval will be withheld pending compliance with the security survey recommendations or until a waiver is granted pursuant to Sec. 1016.6. 0 8. Section 1016.10 is revised to read as follows: Sec. 1016.10 Granting, denial, or suspension of security facility approval. Notification of the DOE's granting, denial, or suspension of security facility approval will be furnished the permittee in writing, or orally with written confirmation. This information may also be furnished to representatives of the DOE, DOE contractors, or other Federal agencies having a need to transmit Restricted Data to the permittee. 0 9. Section 1016.11 is revised to read as follows: Sec. 1016.11 Cancellation of requests for security facility approval. When a request for security facility approval is to be withdrawn or cancelled, the cognizant DOE Office will be notified by the requester immediately by telephone and confirmed in writing so that processing of this approval may be terminated. 0 10. Section 1016.12 is revised to read as follows: Sec. 1016.12 Termination of security facility approval. (a) Security facility approval will be terminated when: (1) There is no longer a need to use, process, store, reproduce, transmit, or handle Restricted Data at the facility; or (2) The DOE makes a determination that continued security facility approval is not in the interest of common defense and security. (b) The permittee will be notified in writing of a determination to terminate facility approval, and the procedures outlined in Sec. 1016.27 will apply. Sec. Sec. 1016.21 through 1016.23 [Redesignated as Sec. Sec. 1016.13 through 1016.15 and Amended] 0 11. Sections 1016.21 through 1016.23 are redesignated as Sec. Sec. 1016.13 through 1016.15 and newly redesignated Sec. Sec. 1016.13 through 1016.15 are revised to read as follows: Sec. 1016.13 Protection of Restricted Data in storage. (a) Persons who possess Restricted Data pursuant to an Access Permit shall store the Restricted Data classified matter when not in use in a locked storage container or DOE-approved vault to which only persons with appropriate access authorization and a need to know the information contained have access. Storage containers used for storing classified matter must conform to U.S. General Services Administration (GSA) standards and specifications. (b) Each permittee shall change the combination on locks of his safekeeping equipment whenever such equipment is placed in use, whenever an individual knowing the combination no longer requires access to the repository as a result of change in duties or position in the permittee's organization, or termination of employment with the permittee or whenever the combination has been subjected to compromise, and in any event at least once a year. Permittees shall classify records of combinations no lower than the highest classification of the classified matter authorized for storage in the safekeeping equipment concerned. Sec. 1016.14 Protection of Restricted Data while in use. While in use, classified matter containing Restricted Data shall be under the direct control of a person with the appropriate access authorization and need to know. Unauthorized access to the Restricted Data shall be precluded. Sec. 1016.15 Establishment of security areas. (a) When, because of their nature or size, it is impracticable to safeguard classified matter containing Restricted Data in accordance with the provisions of Sec. Sec. 1016.13 and 1016.14, a security area to protect such classified matter shall be established. (b) The following controls shall apply to security areas: (1) Security areas shall be separated from adjacent areas by a physical barrier designed to prevent entrance into such areas, and access to the Restricted Data within the areas, by unauthorized individuals. (2) During working hours, admittance shall be controlled by an appropriately cleared individual posted at each unlocked entrance. (3) During nonworking hours, admittance shall be controlled by protective personnel on patrol, with protective personnel posted at unlocked entrances, or by such intrusion detection system as DOE approves. (4) Each individual authorized to enter a security area shall be issued a distinctive badge or pass when the number of employees assigned to the area exceeds thirty. Sec. 1016.24 [Redesignated as Sec. 1016.16] 0 12. Section 1016.24 is redesignated as Sec. 1016.16. Sec. 1016.25 [Redesignated as Sec. 1016.17 and Amended] 0 13. Section 1016.25 is redesignated as Sec. 1016.17 and newly redesignated Sec. 1016.17 is revised to read as follows: Sec. 1016.17 Protective personnel. Whenever armed protective personnel are required in accordance with Sec. 1016.15, such protective personnel shall: [[Page 41507]] (a) Possess a ``Q'' or ``L'' access authorization or ``Q(X)'' or ``L(X)'' access authorization if the Restricted Data being protected is classified Confidential, or a ``Q'' access authorization or ``Q(X)'' access authorization if the Restricted Data being protected is classified Secret. (b) Be armed with sidearms of 9mm or greater. Sec. Sec. 1016.31 through 1016.34 [Redesignated as Sec. Sec. 1016.18 through 1016.21 and Amended] 0 14. Sections 1016.31 through 1016.34 are redesignated as Sec. Sec. 1016.18 through 1016.21 and newly redesignated Sec. Sec. 1016.18 through 1016.21 are revised to read as follows: Sec. 1016.18 Access to Restricted Data. (a) Except as DOE may authorize, no person subject to the regulations in this part shall permit any individual to have access to Restricted Data in his possession unless the individual has an appropriate access authorization granted by DOE, or has been certified by DOD or NASA through DOE; and (1) The individual is authorized by an Access Permit to receive Restricted Data in the categories involved and the permittee determines that such access is required in the course of his duties; or (2) The individual needs such access in connection with such duties as a DOE employee or DOE contractor employee, or as certified by DOD or NASA. (b) Inquiries concerning the access authorization status of individuals, the scope of Access Permits, or the nature of contracts should be addressed to the cognizant DOE or NNSA office. Sec. 1016.19 Review, classification and marking of classified information. (a) Classification. Restricted Data generated or possessed by an Access Permit holder must be appropriately classified and marked in accordance with 10 CFR part 1045. CG-DAR-2, ``Guide to the Declassified Areas of Nuclear Energy Research U 08/98,'' will be furnished each permittee. In the event a permittee originates classified information which falls within the definition of Restricted Data or information for which the permittee is not positive that the information is outside of that definition and CG-DAR-2 does not provide positive classification guidance for such information, the permittee shall designate the information as Confidential, Restricted Data and request classification guidance from the DOE through the Classification Officer at the cognizant DOE or NNSA office. If the DOE Classification Officer does not have authority to provide the guidance, he will refer the request to the Director, Office of Classification, AU-60/Germantown Building, Office of Environment, Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585-1290. (b) Challenges. If a person receives a document or other classified matter which, in his opinion, is not properly classified, or omits the appropriate classification markings, he is encouraged to challenge the classification and there shall be no retribution for submitting a challenge. Challenges shall be submitted in accordance with 10 CFR part 1045. (c) Classification markings. Restricted Data generated or possessed by an individual approved for access must be appropriately identified and marked in accordance with 10 CFR part 1045, Nuclear Classification and Declassification. Questions and requests for additional direction or guidance regarding the marking of classified matter may be submitted to the Director, Office of Classification, AU-60/Germantown Building, Office of Environment, Health, Safety and Security, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585-1290. Sec. 1016.20 External transmission of Restricted Data. (a) Restrictions. (1) Restricted Data shall be transmitted only to persons who possess appropriate access authorization, need to know, and are otherwise eligible for access under the requirements of Sec. 1016.18. (2) In addition, such classified matter containing Restricted Data shall be transmitted only to persons who possess approved facilities for their physical security consistent with this part. Any person subject to the regulations in this part who transmits such Restricted Data containing Restricted Data shall be deemed to have fulfilled his obligations under this paragraph (a)(2) by securing a written certification from the prospective recipient that such recipient possesses facilities for its physical security consistent with this part. (3) Restricted Data shall not be exported from the United States without prior authorization from DOE. (b) Preparation of documents. Documents containing Restricted Data shall be prepared for transmission outside an individual installation in accordance with the following: (1) They shall be enclosed in two sealed, opaque envelopes or wrappers. (2) The inner envelope or wrapper shall be addressed in the ordinary manner and sealed with tape, the appropriate classification shall be marked on both sides of the envelope, and any additional marking required by 10 CFR part 1045 shall be applied. (3) The outer envelope or wrapper shall be addressed in the ordinary manner. No classification, additional marking, or other notation shall be affixed which indicates that the document enclosed therein contains classified information or Restricted Data. (4) A receipt which identifies the document, the date of transfer, the recipient, and the person transferring the document shall accompany the document and shall be signed by the recipient and returned to the sender whenever the custody of a document containing Secret Restricted Data is transferred. (c) Preparation of other classified matter. Classified matter, other than documents, containing Restricted Data shall be prepared for shipment outside an individual installation in accordance with the following: (1) The classified matter shall be so packaged that the classified characteristics will not be revealed. (2) A receipt which identifies the classified matter, the date of shipment, the recipient, and the person transferring the classified matter shall accompany the classified matter, and the recipient shall sign such receipt whenever the custody of classified matter containing Secret Restricted Data is transferred. (d) Methods of transportation. (1) Secret classified matter shall be transported only by one of the following methods: (i) By messenger-courier system specifically created for that purpose and approved for use by DOE. (ii) Registered mail. (iii) By protective services provided by United States air or surface commercial carriers under such conditions as may be preserved by the DOE. (iv) Individuals possessing appropriate DOE access authorization who have been given written authority by their employers. (2) Confidential classified matter may be transported by one of the methods set forth in paragraph (d)(1) of this section or by U.S. first class, express, or certified mail. (e) Telecommunication of classified information. There shall be no telecommunication of Restricted Data unless the secure telecommunication system has been approved by the DOE. [[Page 41508]] Sec. 1016.21 Accountability for Secret Restricted Data. Each permittee possessing classified matter (including classified matter in electronic format) containing Secret Restricted Data shall establish accountability procedures and shall maintain logs to document access to and record comprehensive disposition information for all such classified matter that has been in his custody at any time. Sec. 1016.35 [Redesignated as Sec. 1016.22] 0 15. Section 1016.35 is redesignated as Sec. 1016.22. Sec. Sec. 1016.36 and 1016.37 [Redesignated as Sec. Sec. 1016.23 and 1016.24 and Amended] 0 16. Sections 1016.36 and 1016.37 are redesignated as Sec. Sec. 1016.23 and 1016.24 and newly redesignated Sec. Sec. 1016.23 and 1016.24 are revised to read as follows: Sec. 1016.23 Changes in classification. Classified matter containing Restricted Data shall not be downgraded or declassified except as authorized by DOE and in accordance with 10 CFR part 1045. Sec. 1016.24 Destruction of classified matter containing Restricted Data. Documents containing Restricted Data may be destroyed by burning, pulping, or another method that assures complete destruction of the information which they contain. Restricted Data contained in classified matter, other than documents, may be destroyed only by a method that assures complete obliteration, removal, or destruction of the Restricted Data. 0 17. Add Sec. 1016.25 to read as follows: Sec. 1016.25 Storage, use, processing, transmission and destruction of classified information on computers, computer networks, electronic devices/media and mobile devices. Storage, use, processing, and transmission of Restricted Data on computers, computer networks, electronic devices/media and mobile devices must be approved by DOE. DOE-approved methods must be used when destroying classified information that is in electronic format. Sec. 1016.38 [Redesignated as Sec. 1016.26] 0 18. Section 1016.38 is redesignated as Sec. 1016.26. Sec. 1016.39 [Redesignated as Sec. 1016.27 and Amended] 0 19. Section 1016.39 is redesignated as Sec. 1016.27 and newly redesignated Sec. 1016.27 is revised to read as follows: Sec. 1016.27 Termination, suspension, or revocation of security facility approval. (a) In accordance with Sec. 1016.12, if the need to use, process, store, reproduce, transmit, or handle classified matter no longer exists, the security facility approval will be terminated. The permittee may deliver all Restricted Data to the DOE or to a person authorized to receive them; or the permittee may destroy all such Restricted Data. In either case, the facility must submit a certification of non-possession of Restricted Data to the DOE. (b) In any instance where security facility approval has been suspended or revoked based on a determination of the DOE that further possession of classified matter by the permittee would endanger the common defense and national security, the permittee shall, upon notice from the DOE, immediately deliver all Restricted Data to the DOE along with a certificate of non-possession of Restricted Data. Sec. Sec. 1016.40 through 1016.42 [Redesignated as Sec. Sec. 1016.28 through 1016.30] 0 20. Sec. Sec. 1016.40 through 1016.42 are redesignated as Sec. Sec. 1016.28 through 1016.30. Sec. 1016.43 [Redesignated as Sec. 1016.31 and Amended] 0 21. Section 1016.43 is redesignated as Sec. 1016.31 and newly redesignated Sec. 1016.31 is revised to read as follows: Sec. 1016.31 Inspections. The DOE shall make such inspections and surveys of the premises, activities, records, and procedures of any person subject to the regulations in this part as DOE deems necessary to effectuate the purposes of the Act, Executive Order 13526, and DOE orders and procedures. Sec. 1016.44 [Redesignated as Sec. 1016.32] 0 22. Section 1016.44 is redesignated as Sec. 1016.32. [FR Doc. 2017-18043 Filed 8-31-17; 8:45 am] BILLING CODE 6450-01-P
![Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41503
should contact USDA’s TARGET Center DATES: This rule is effective October 2, of 10 CFR part 1016 to reflect
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Additional Public Notification
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through the FSIS Web page located at hq.doe.gov. regulations at 10 CFR part 1016 on
http://www.fsis.usda.gov/federal- SUPPLEMENTARY INFORMATION: November 16, 2016 (81 FR 80612). No
register. comments were received. No changes
FSIS will also make copies of this I. Background
II. Section by Section Analysis
were made to the proposed regulations
Federal Register publication available except to modify the definition of an
III. Regulatory Review and Procedural
through the FSIS Constituent Update ‘‘L’’ access authorization in § 1016.3,
Requirements
(CU), which is used to provide A. Review Under Executive Order 12866 Definitions.
information regarding FSIS policies, B. Review Under the Regulatory Flexibility
procedures, regulations, Federal Act II. Section by Section Analysis
Register notices, FSIS public meetings, C. Review Under Paperwork Reduction Act With the exception of the definition of
and other types of information that D. Review Under the National an ‘‘L’’ access authorization in § 1016.3,
could affect or would be of interest to Environmental Policy Act Definitions, the modifications to 10 CFR
constituents and stakeholders. The CU E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
part 1016 adopted in this final rule are
is communicated via Listserv, a free described in the Section by Section
G. Review Under the Unfunded Mandates
electronic mail subscription service for Reform Act of 1995 Analysis in section II of DOE’s notice of
industry, trade groups, consumer H. Review Under Executive Order 13211 proposed rulemaking published on
interest groups, health professionals, I. Review Under the Treasury and General November 16, 2016 (81 FR 80612). In
and other individuals who have asked Government Appropriations Act of 1999 § 1016.3, Definitions, the definition of
to be included. The CU is also available J. Congressional Notification ‘‘L’’ access authorization was modified
on the FSIS Web page. In addition, FSIS K. Approval by the Office of the Secretary from DOE’s proposed changes to update
offers an electronic mail subscription I. Background the type of background investigation
service which provides automatic and required by DOE and national level
customized access to selected food The U.S. Department of Energy may
directives. The reference to National
safety news and information. This issue an access permit to any person, as
Agency Checks with Local Agency
service is available at http:// set forth in 10 CFR part 725, who
Checks and Credit Check background
www.fsis.usda.gov/subscribe. Options requires access to Restricted Data
investigation has been replaced with a
range from recalls to export information applicable to civil uses of atomic energy
Tier III background investigation.
to regulations, directives, and notices. for use in his/her business, trade or
Customers can add or delete profession. 10 CFR part 725 specifies III. Rulemaking Requirements
subscriptions themselves, and have the the terms and conditions under which
A. Review Under Executive Order 12866
option to password protect their the Department will issue an access
accounts. permit and provides for the amendment, This action does not constitute a
renewal, suspension, termination and ‘‘significant regulatory action’’ as
Done at Washington, DC on: August 29, revocation of an access permit. defined in section 3(f) of Executive
2017. The regulations in 10 CFR part 1016 Order 12866, ‘‘Regulatory Planning and
Paul Kiecker, establish requirements for the Review’’ (58 FR 51735).
Acting Administrator. safeguarding of Secret and Confidential
B. Review Under the Regulatory
[FR Doc. 2017–18591 Filed 8–31–17; 8:45 am] Restricted Data received or developed
Flexibility Act
BILLING CODE 3410–DM–P under an access permit. This part does
not apply to Top Secret information The Regulatory Flexibility Act (5
because no such information may be U.S.C. 601 et seq.) requires preparation
DEPARTMENT OF ENERGY provided to an access permittee within of a regulatory flexibility analysis for
the scope of this regulation. The any rule that by law must be proposed
10 CFR Part 1016 regulations in this part apply to all for public comment, unless the agency
persons who may require access to certifies that the rule, if promulgated,
[Docket No. DOE–HQ–2015–0029–0001]
Restricted Data used, processed, stored, will not have a significant economic
RIN 1992–AA46 reproduced, transmitted, or handled in impact on a substantial number of small
connection with an access permit. entities. As required by Executive Order
Safeguarding of Restricted Data by The original regulations for the 13272, ‘‘Proper Consideration of Small
Access Permittees safeguarding of Restricted Data were Entities in Agency Rulemaking’’ (67 FR
AGENCY: Department of Energy. Atomic Energy Commission regulations 53461, Aug. 16, 2002), DOE published
ACTION: Final rule. that were transferred to the Energy procedures and policies on February 19,
Research and Development 2003, to ensure that the potential
SUMMARY: The Department of Energy Administration (ERDA) upon its impacts of its rules on small entities are
(DOE or Department) has revised its formation in 1974 (Energy properly considered during the
regulations governing the standards for Reorganization Act of 1974; Pub. L. 93– rulemaking process. DOE has made its
safeguarding Restricted Data by access 438). The regulations were subsequently procedures and policies available on the
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permittees. The previous version of this revised to conform to ERDA’s Office of the General Counsel’s Web site
regulation was promulgated in 1983. organization (41 FR 56775, 41 FR (www.gc.doe.gov).
Since 1983, changes in organizations, 56785–56788, Dec. 30, 1976). The DOE has reviewed this rule under the
terminology, and DOE and national regulations were updated and Regulatory Flexibility Act and certifies
policies rendered portions of the transferred from 10 CFR part 795 to 10 that, as adopted, the rule would not
previous regulation outdated. This CFR part 1016 in Aug. 10, 1983 (48 FR have a significant impact on a
version updates existing requirements. 36432). DOE has developed this version substantial number of small entities.
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Security, AU–1/Forrestal Building, § 1016.10 Granting, denial, or suspension requires access to the repository as a
Office of Environment, Health, Safety of security facility approval. result of change in duties or position in
and Security, U.S. Department of Notification of the DOE’s granting, the permittee’s organization, or
Energy, 1000 Independence Avenue denial, or suspension of security facility termination of employment with the
SW., Washington, DC 20585. All other approval will be furnished the permittee permittee or whenever the combination
communications concerning the in writing, or orally with written has been subjected to compromise, and
regulations in this part should be confirmation. This information may also in any event at least once a year.
addressed to the cognizant DOE or be furnished to representatives of the Permittees shall classify records of
National Nuclear Security DOE, DOE contractors, or other Federal combinations no lower than the highest
Administration (NNSA) office. agencies having a need to transmit classification of the classified matter
Restricted Data to the permittee. authorized for storage in the safekeeping
■ 5. Section 1016.5 is revised to read as ■ 9. Section 1016.11 is revised to read equipment concerned.
follows: as follows:
§ 1016.14 Protection of Restricted Data
§ 1016.5 Submission of procedures by § 1016.11 Cancellation of requests for while in use.
access permit holder. security facility approval. While in use, classified matter
No access permit holder shall have When a request for security facility containing Restricted Data shall be
access to Restricted Data until he has approval is to be withdrawn or under the direct control of a person with
submitted to the DOE a written cancelled, the cognizant DOE Office will the appropriate access authorization and
statement of his procedures for the be notified by the requester immediately need to know. Unauthorized access to
safeguarding of Restricted Data and for by telephone and confirmed in writing the Restricted Data shall be precluded.
the security education of his employees, so that processing of this approval may
be terminated. § 1016.15 Establishment of security areas.
and DOE shall have determined and
■ 10. Section 1016.12 is revised to read (a) When, because of their nature or
informed the permittee that his
as follows: size, it is impracticable to safeguard
procedures for the safeguarding of
classified matter containing Restricted
Restricted Data are in compliance with § 1016.12 Termination of security facility Data in accordance with the provisions
the regulations in this part and that his approval. of §§ 1016.13 and 1016.14, a security
procedures for the security education of (a) Security facility approval will be area to protect such classified matter
his employees, who will have access to terminated when: shall be established.
Restricted Data, are informed about and (1) There is no longer a need to use, (b) The following controls shall apply
understand the regulations in this part. process, store, reproduce, transmit, or to security areas:
These procedures must ensure that handle Restricted Data at the facility; or (1) Security areas shall be separated
employees with access to Restricted (2) The DOE makes a determination from adjacent areas by a physical barrier
Data are informed about and understand that continued security facility approval designed to prevent entrance into such
who is authorized or required to classify is not in the interest of common defense areas, and access to the Restricted Data
and declassify RD and FRD information and security. within the areas, by unauthorized
and classified matter as well as how (b) The permittee will be notified in individuals.
documents containing RD or FRD are writing of a determination to terminate (2) During working hours, admittance
marked (see 10 CFR part 1045) and facility approval, and the procedures shall be controlled by an appropriately
safeguarded. outlined in § 1016.27 will apply. cleared individual posted at each
■ 6. The heading for § 1016.8 is revised § § 1016.21 through 1016.23 [Redesignated unlocked entrance.
to read as follows: as §§ 1016.13 through 1016.15 and (3) During nonworking hours,
Amended] admittance shall be controlled by
§ 1016.8 Request for security facility ■ 11. Sections 1016.21 through 1016.23 protective personnel on patrol, with
approval. are redesignated as §§ 1016.13 through protective personnel posted at unlocked
* * * * * 1016.15 and newly redesignated entrances, or by such intrusion
§§ 1016.13 through 1016.15 are revised detection system as DOE approves.
■ 7. Section 1016.9 is revised to read as to read as follows: (4) Each individual authorized to
follows: enter a security area shall be issued a
§ 1016.13 Protection of Restricted Data in distinctive badge or pass when the
§ 1016.9 Processing security facility storage.
approval.
number of employees assigned to the
(a) Persons who possess Restricted area exceeds thirty.
Following receipt of an acceptable Data pursuant to an Access Permit shall
request for security facility approval, the store the Restricted Data classified § 1016.24 [Redesignated as § 1016.16]
DOE will perform an initial security matter when not in use in a locked ■ 12. Section 1016.24 is redesignated as
survey of the permittee’s facility to storage container or DOE-approved § 1016.16.
determine that granting a security vault to which only persons with
appropriate access authorization and a § 1016.25 [Redesignated as § 1016.17 and
facility approval would be consistent
need to know the information contained Amended]
with the national security. If DOE makes
such a determination, security facility have access. Storage containers used for ■ 13. Section 1016.25 is redesignated as
approval will be granted. If not, security storing classified matter must conform § 1016.17 and newly redesignated
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facility approval will be withheld to U.S. General Services Administration § 1016.17 is revised to read as follows:
pending compliance with the security (GSA) standards and specifications.
(b) Each permittee shall change the § 1016.17 Protective personnel.
survey recommendations or until a
combination on locks of his safekeeping Whenever armed protective personnel
waiver is granted pursuant to § 1016.6.
equipment whenever such equipment is are required in accordance with
■ 8. Section 1016.10 is revised to read placed in use, whenever an individual § 1016.15, such protective personnel
as follows: knowing the combination no longer shall:
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![Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41507
(a) Possess a ‘‘Q’’ or ‘‘L’’ access have authority to provide the guidance, manner and sealed with tape, the
authorization or ‘‘Q(X)’’ or ‘‘L(X)’’ he will refer the request to the Director, appropriate classification shall be
access authorization if the Restricted Office of Classification, AU–60/ marked on both sides of the envelope,
Data being protected is classified Germantown Building, Office of and any additional marking required by
Confidential, or a ‘‘Q’’ access Environment, Health, Safety and 10 CFR part 1045 shall be applied.
authorization or ‘‘Q(X)’’ access Security, U.S. Department of Energy, (3) The outer envelope or wrapper
authorization if the Restricted Data 1000 Independence Avenue SW., shall be addressed in the ordinary
being protected is classified Secret. Washington, DC 20585–1290. manner. No classification, additional
(b) Be armed with sidearms of 9mm (b) Challenges. If a person receives a marking, or other notation shall be
or greater. document or other classified matter affixed which indicates that the
which, in his opinion, is not properly document enclosed therein contains
§ § 1016.31 through 1016.34 [Redesignated classified, or omits the appropriate
as §§ 1016.18 through 1016.21 and classified information or Restricted
classification markings, he is Data.
Amended]
encouraged to challenge the (4) A receipt which identifies the
■ 14. Sections 1016.31 through 1016.34 classification and there shall be no document, the date of transfer, the
are redesignated as §§ 1016.18 through retribution for submitting a challenge. recipient, and the person transferring
1016.21 and newly redesignated Challenges shall be submitted in the document shall accompany the
§§ 1016.18 through 1016.21 are revised accordance with 10 CFR part 1045. document and shall be signed by the
to read as follows: (c) Classification markings. Restricted recipient and returned to the sender
Data generated or possessed by an whenever the custody of a document
§ 1016.18 Access to Restricted Data.
individual approved for access must be containing Secret Restricted Data is
(a) Except as DOE may authorize, no appropriately identified and marked in
person subject to the regulations in this transferred.
accordance with 10 CFR part 1045, (c) Preparation of other classified
part shall permit any individual to have Nuclear Classification and
access to Restricted Data in his matter. Classified matter, other than
Declassification. Questions and requests documents, containing Restricted Data
possession unless the individual has an for additional direction or guidance
appropriate access authorization granted shall be prepared for shipment outside
regarding the marking of classified an individual installation in accordance
by DOE, or has been certified by DOD matter may be submitted to the Director,
or NASA through DOE; and with the following:
Office of Classification, AU–60/
(1) The individual is authorized by an (1) The classified matter shall be so
Germantown Building, Office of
Access Permit to receive Restricted Data packaged that the classified
Environment, Health, Safety and
in the categories involved and the characteristics will not be revealed.
Security, U.S. Department of Energy,
permittee determines that such access is 1000 Independence Avenue SW., (2) A receipt which identifies the
required in the course of his duties; or Washington, DC 20585–1290. classified matter, the date of shipment,
(2) The individual needs such access the recipient, and the person
in connection with such duties as a DOE § 1016.20 External transmission of transferring the classified matter shall
employee or DOE contractor employee, Restricted Data. accompany the classified matter, and
or as certified by DOD or NASA. (a) Restrictions. (1) Restricted Data the recipient shall sign such receipt
(b) Inquiries concerning the access shall be transmitted only to persons whenever the custody of classified
authorization status of individuals, the who possess appropriate access matter containing Secret Restricted Data
scope of Access Permits, or the nature authorization, need to know, and are is transferred.
of contracts should be addressed to the otherwise eligible for access under the (d) Methods of transportation. (1)
cognizant DOE or NNSA office. requirements of § 1016.18. Secret classified matter shall be
(2) In addition, such classified matter transported only by one of the following
§ 1016.19 Review, classification and containing Restricted Data shall be
marking of classified information.
methods:
transmitted only to persons who possess (i) By messenger-courier system
(a) Classification. Restricted Data approved facilities for their physical specifically created for that purpose and
generated or possessed by an Access security consistent with this part. Any approved for use by DOE.
Permit holder must be appropriately person subject to the regulations in this
classified and marked in accordance (ii) Registered mail.
part who transmits such Restricted Data
with 10 CFR part 1045. CG–DAR–2, (iii) By protective services provided
containing Restricted Data shall be
‘‘Guide to the Declassified Areas of by United States air or surface
deemed to have fulfilled his obligations
Nuclear Energy Research U 08/98,’’ will commercial carriers under such
under this paragraph (a)(2) by securing
be furnished each permittee. In the conditions as may be preserved by the
a written certification from the
event a permittee originates classified DOE.
prospective recipient that such recipient
information which falls within the possesses facilities for its physical (iv) Individuals possessing
definition of Restricted Data or security consistent with this part. appropriate DOE access authorization
information for which the permittee is (3) Restricted Data shall not be who have been given written authority
not positive that the information is exported from the United States without by their employers.
outside of that definition and CG–DAR– prior authorization from DOE. (2) Confidential classified matter may
2 does not provide positive (b) Preparation of documents. be transported by one of the methods set
classification guidance for such Documents containing Restricted Data forth in paragraph (d)(1) of this section
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information, the permittee shall shall be prepared for transmission or by U.S. first class, express, or
designate the information as outside an individual installation in certified mail.
Confidential, Restricted Data and accordance with the following: (e) Telecommunication of classified
request classification guidance from the (1) They shall be enclosed in two information. There shall be no
DOE through the Classification Officer sealed, opaque envelopes or wrappers. telecommunication of Restricted Data
at the cognizant DOE or NNSA office. If (2) The inner envelope or wrapper unless the secure telecommunication
the DOE Classification Officer does not shall be addressed in the ordinary system has been approved by the DOE.
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![41508 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations
§ 1016.21 Accountability for Secret § 1016.27 Termination, suspension, or DEPARTMENT OF TRANSPORTATION
Restricted Data. revocation of security facility approval.
Each permittee possessing classified Federal Aviation Administration
(a) In accordance with § 1016.12, if
matter (including classified matter in the need to use, process, store,
electronic format) containing Secret 14 CFR Part 39
reproduce, transmit, or handle classified
Restricted Data shall establish matter no longer exists, the security [Docket No. FAA–2017–0164; Product
accountability procedures and shall facility approval will be terminated. The Identifier 2017–NE–06–AD; Amendment 39–
maintain logs to document access to and permittee may deliver all Restricted 19008; AD 2017–17–18]
record comprehensive disposition Data to the DOE or to a person RIN 2120–AA64
information for all such classified
authorized to receive them; or the
matter that has been in his custody at Airworthiness Directives; General
permittee may destroy all such
any time. Electric Company Turbofan Engines
Restricted Data. In either case, the
§ 1016.35 [Redesignated as § 1016.22] facility must submit a certification of AGENCY: Federal Aviation
non-possession of Restricted Data to the Administration (FAA), DOT.
■ 15. Section 1016.35 is redesignated as
DOE. ACTION: Final rule.
§ 1016.22.
(b) In any instance where security
§ § 1016.36 and 1016.37 [Redesignated as facility approval has been suspended or SUMMARY: We are adopting a new
§§ 1016.23 and 1016.24 and Amended]
revoked based on a determination of the airworthiness directive (AD) for certain
General Electric Company (GE) CF34–8
■ 16. Sections 1016.36 and 1016.37 are DOE that further possession of classified
model turbofan engines. This AD was
redesignated as §§ 1016.23 and 1016.24 matter by the permittee would endanger
prompted by analysis that resulted in
and newly redesignated §§ 1016.23 and the common defense and national
the reduction of the life of the affected
1016.24 are revised to read as follows: security, the permittee shall, upon fan blades. This AD requires inspections
notice from the DOE, immediately of the affected fan blades until their
§ 1016.23 Changes in classification.
deliver all Restricted Data to the DOE removal. We are issuing this AD to
Classified matter containing along with a certificate of non- address the unsafe condition on these
Restricted Data shall not be downgraded possession of Restricted Data. products.
or declassified except as authorized by
DOE and in accordance with 10 CFR § § 1016.40 through 1016.42 [Redesignated DATES: This AD is effective October 6,
part 1045. as §§ 1016.28 through 1016.30] 2017.
The Director of the Federal Register
§ 1016.24 Destruction of classified matter ■ 20. §§ 1016.40 through 1016.42 are approved the incorporation by reference
containing Restricted Data. redesignated as §§ 1016.28 through of a certain publication listed in this AD
Documents containing Restricted Data 1016.30. as of October 6, 2017.
may be destroyed by burning, pulping, ADDRESSES: For service information
§ 1016.43 [Redesignated as § 1016.31 and
or another method that assures complete identified in this final rule, contact
Amended]
destruction of the information which General Electric Company, GE—
they contain. Restricted Data contained ■ 21. Section 1016.43 is redesignated as Aviation, Room 285, 1 Neumann Way,
in classified matter, other than § 1016.31 and newly redesignated Cincinnati, OH 45215, phone: 513–552–
documents, may be destroyed only by a § 1016.31 is revised to read as follows: 3272; fax: 513–552–3329; email:
method that assures complete geae.aoc@ge.com. You may view this
obliteration, removal, or destruction of § 1016.31 Inspections. service information at the FAA, Engine
the Restricted Data. and Propeller Standards Branch, Policy
The DOE shall make such inspections
■ 17. Add § 1016.25 to read as follows: and surveys of the premises, activities, and Innovation Division, 1200 District
records, and procedures of any person Avenue, Burlington, MA. For
§ 1016.25 Storage, use, processing, information on the availability of this
transmission and destruction of classified subject to the regulations in this part as
DOE deems necessary to effectuate the material at the FAA, call 781–238–7125.
information on computers, computer
It is also available on the internet at
networks, electronic devices/media and purposes of the Act, Executive Order
mobile devices. http://www.regulations.gov by searching
13526, and DOE orders and procedures.
for and locating Docket No. FAA–2017–
Storage, use, processing, and 0164.
§ 1016.44 [Redesignated as § 1016.32]
transmission of Restricted Data on
computers, computer networks, ■ 22. Section 1016.44 is redesignated as Examining the AD Docket
electronic devices/media and mobile § 1016.32. You may examine the AD docket on
devices must be approved by DOE. the Internet at http://
[FR Doc. 2017–18043 Filed 8–31–17; 8:45 am]
DOE-approved methods must be used www.regulations.gov by searching for
BILLING CODE 6450–01–P
when destroying classified information and locating Docket No. FAA–2017–
that is in electronic format. 0164; or in person at the Docket
§ 1016.38 [Redesignated as § 1016.26]
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
■ 18. Section 1016.38 is redesignated as except Federal holidays. The AD docket
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§ 1016.26. contains this final rule, the regulatory
evaluation, any comments received, and
§ 1016.39 [Redesignated as § 1016.27 and
other information. The address for the
Amended]
Docket Office (phone: 800–647–5527) is
■ 19. Section 1016.39 is redesignated as Document Management Facility, U.S.
§ 1016.27 and newly redesignated Department of Transportation, Docket
§ 1016.27 is revised to read as follows: Operations, M–30, West Building
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Document Created: 2017-09-01 01:50:22
Document Modified: 2017-09-01 01:50:22
| 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 | This rule is effective October 2, 2017. | |
| Contact | Ms. Linda Ruhnow, Office of Security Policy at (301) 903-2661; [email protected] | |
| FR Citation | 82 FR 41503 | |
| RIN Number | 1992-AA46 | |
| CFR Associated | Classified Information; Nuclear Energy; Reporting and Recordkeeping Requirements and Security Measures |
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USC | CFR | eCFR