[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39261-39262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16810]


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TENNESSEE VALLEY AUTHORITY

18 CFR Part 1301


Tennessee Valley Authority Procedures

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Final rule.

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SUMMARY: The Tennessee Valley Authority is amending its regulations 
which currently contain TVA's procedures for the Freedom of Information 
Act (FOIA), the Privacy Act, and the Government in the Sunshine Act. 
TVA is adding procedures related to classified national security 
information.

DATES: Effective Date: July 6, 2011.

FOR FURTHER INFORMATION CONTACT: Mark R. Winter, Senior Information 
Security Specialist, 1101 Market Street (MP 3C), Tennessee Valley 
Authority, Chattanooga, Tennessee 37402, (423) 751-6004. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This rule was not published in proposed form 
since it relates to agency procedure and practice. TVA considers this 
rule to be a procedural rule which is exempt from notice and comment 
under 5 U.S.C. 533(b)(3)(A). This rule is not a significant rule for 
purposes of Executive Order 12866 and has not been reviewed by the 
Office of Management and Budget. As required by the Regulatory 
Flexibility Act, TVA certifies that these regulatory amendments will 
not have a significant impact on small business entities. This rule 
does not impose any new reporting or record-keeping requirements 
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35, as 
amended.
    On December 29, 2009, Executive Order 13526, Classified National 
Security Information, was published in the Federal Register. This order 
prescribes a uniform system for classifying, safeguarding, and 
declassifying national security information. On June 28, 2010, the 
Information Security Oversight Office (ISOO) published its directive, 
32 CFR Part 2001, Classified National Security Information, for 
implementing the Executive Order at 75 Federal Register 37254.
    Since this rule is non-substantive, it is being made effective July 
6, 2011.

List of Subjects in 18 CFR Part 1301

    Freedom of information, Government in the sunshine, Privacy.

    For the reasons stated in the preamble, TVA amends 18 CFR part 1301 
by adding Subpart E, Protection of National Security Classified 
Information, as follows:

PART 1301--PROCEDURES

Subpart E--Protection of National Security Classified Information
Sec.
1301.61 Purpose and scope.
1301.62 Definitions.
1301.63 Senior agency official.
1301.64 Original classification authority.
1301.65 Derivative classification.
1301.66 General declassification and downgrading policy.
1301.67 Mandatory review for declassification.
1301.68 Identification and marking.
1301.69 Safeguarding classified information.

Subpart E--Protection of National Security Classified Information


Sec.  1301.61  Purpose and scope.

    (a) Purpose. These regulations, taken together with the Information 
Security Oversight Office's implementing directive at 32 CFR Part 2001, 
Classified National Security Information, provide the basis for TVA's 
security classification program implementing Executive Order 13526, 
``Classified National Security Information,'' as amended (``the 
Executive Order'').
    (b) Scope. These regulations apply to TVA employees, contractors, 
and individuals who serve in advisory, consultant, or non-employee 
affiliate capacities who have been granted access to classified 
information.


Sec.  1301.62  Definitions.

    The following definitions apply to this part:
    (a) ``Original classification'' is the initial determination that 
certain information requires protection against unauthorized disclosure 
in the interest of national security (i.e., national defense or foreign 
relations of the United States), together with a designation of the 
level of classification.
    (b) ``Classified national security information'' or ``classified 
information'' means information that has been determined pursuant to 
Executive Order 13526 or any predecessor order to require protection 
against unauthorized disclosure and is marked to indicate its 
classified status when in documentary form.

[[Page 39262]]

Sec.  1301.63  Senior agency official.

    (a) The Executive Order requires that each agency that originates 
or handles classified information designate a senior agency official to 
direct and administer its information security program. TVA's senior 
agency official is the Director, Enterprise Information Security & 
Policy.
    (b) Questions with respect to the Information Security Program, 
particularly those concerning the classification, declassification, 
downgrading, and safeguarding of classified information, shall be 
directed to the Senior Agency Official.


Sec.  1301.64  Original classification authority.

    (a) Original classification authority is granted by the Director of 
the Information Security Oversight Office. TVA does not have original 
classification authority.
    (b) If information is developed that appears to require 
classification, or is received from any foreign government information 
as defined in section 6.1(s) of Executive Order 13526, the individual 
in custody of the information shall immediately notify the Senior 
Agency Official and appropriately protect the information.
    (c) If the Senior Agency Official believes the information warrants 
classification, it shall be sent to the appropriate agency with 
original classification authority over the subject matter, or to the 
Information Security Oversight Office, for review and a classification 
determination.
    (d) If there is reasonable doubt about the need to classify 
information, it shall be safeguarded as if it were classified pending a 
determination by an original classification authority. If there is 
reasonable doubt about the appropriate level of classification, it 
shall be safeguarded at the higher level of classification pending a 
determination by an original classification authority.


Sec.  1301.65  Derivative classification.

    (a) In accordance with Part 2 of Executive Order 13526 and 
directives of the Information Security Oversight Office, the 
incorporation, paraphrasing, restating or generation in new form of 
information that is already classified, and the marking of newly 
developed material consistent with the classification markings that 
apply to the source information, is derivative classification.
    (1) Derivative classification includes the classification of 
information based on classification guidance.
    (2) The duplication or reproduction of existing classified 
information is not derivative classification.
    (b) Authorized individuals applying derivative classification 
markings shall:
    (1) Observe and respect original classification decisions; and
    (2) Carry forward to any newly created documents the pertinent 
classification markings.
    (3) For information derivatively classified based on multiple 
sources, the authorized individuals shall carry forward:
    (i) The date or event for declassification that corresponds to the 
longest period of classification among the sources; and
    (ii) A listing of these sources on or attached to the official file 
or record copy.
    (c) Documents classified derivatively shall bear all markings 
prescribed by 32 CFR 2001.20 through 2001.23 and shall otherwise 
conform to the requirements of 32 CFR 2001.20 through 2001.23.


Sec.  1301.66  General declassification and downgrading policy.

    (a) TVA does not have original classification authority.
    (b) TVA personnel may not declassify information originally 
classified by other agencies.


Sec.  1301.67  Mandatory review for declassification.

    (a) Reviews and referrals in response to requests for mandatory 
declassification shall be conducted in compliance with section 3.5 of 
Executive Order 13526, 32 CFR 2001.33, and 32 CFR 2001.34.
    (b) Any individual may request a review of classified information 
and material in possession of TVA for declassification. All information 
classified under Executive Order 13526 or a predecessor Order shall be 
subject to a review for declassification by TVA, if:
    (1) The request describes the documents or material containing the 
information with sufficient specificity to enable TVA to locate it with 
a reasonable amount of effort. Requests with insufficient description 
of the material will be returned to the requester for further 
information.
    (2) The information requested is not the subject of pending 
litigation.
    (c) Requests shall be in writing, and shall be sent to: Director, 
Enterprise Information Security & Policy, Tennessee Valley Authority, 
1101 Market St., Chattanooga, TN 37402.


Sec.  1301.68  Identification and marking.

    (a) Classified information shall be marked pursuant to the 
standards set forth in section 1.6, Identification and Marking, of the 
Executive Order; Information Security Oversight Office implementing 
directives in 32 CFR part 2001, subpart B; and internal TVA procedures.
    (b) Foreign government information shall retain its original 
classification markings or be marked and classified at a U.S. 
classification level that provides a degree of protection at least 
equivalent to that required by the entity that furnished the 
information. Foreign government information retaining its original 
classification markings need not be assigned a U.S. classification 
marking provided the responsible agency determines that the foreign 
government markings are adequate to meet the purposes served by U.S. 
classification markings.
    (c) Information assigned a level of classification under 
predecessor executive orders shall be considered as classified at that 
level of classification.


Sec.  1301.69  Safeguarding classified information.

    (a) All classified information shall be afforded a level of 
protection against unauthorized disclosure commensurate with its level 
of classification.
    (b) The Executive Order and the Information Security Oversight 
Office implementing directive provides information on the protection of 
classified information. Specific controls on the use, processing, 
storage, reproduction, and transmittal of classified information within 
TVA to provide protection for such information and to prevent access by 
unauthorized persons are contained in internal TVA procedures.
    (c) Any person who discovers or believes that a classified document 
is lost or compromised shall immediately report the circumstances to 
their supervisor and the Senior Agency Official, who shall conduct an 
immediate inquiry into the matter.

Michael T. Tallent,
Director, Enterprise Information Security & Policy (Acting).
[FR Doc. 2011-16810 Filed 7-5-11; 8:45 am]
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