[Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)]
[Proposed Rules]
[Pages 48076-48078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18944]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 /
Proposed Rules
[[Page 48076]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 95
[NRC-2011-0268]
RIN 3150-AJ07
Facility Security Clearance and Safeguarding of National Security
Information and Restricted Data
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
update its regulations to standardize the frequency of required
security education training for employees of NRC licensees possessing
security clearances so that such training will be conducted annually
consistent with the objectives of Executive Order 13526, Classified
National Security Information. The rule would allow licensees
flexibility in determining the means and methods for providing this
training. This action would establish uniformity in the frequency of
licensee security education and training programs and enhances the
protection of classified information.
DATES: Submit comments by September 6, 2013. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to ensure only that comments received on or before this date
will be considered.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0268. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this proposed rule.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Daniel W. Lenehan, Office of the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3501, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2011-0268 when contacting the NRC
about the availability of information for this proposed rule. You may
access information related to this proposed rulemaking, which the NRC
possesses and is publicly available, by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0268.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2011-0268 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed in your comment submission. The NRC will post all comment
submissions at http://www.regulations.gov as well as enter the comment
submissions into ADAMS, and the NRC does not routinely edit comment
submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background.
Because the NRC considers this action to be non-controversial, the
NRC is publishing this proposed rule concurrently as a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. Adequate protection of public health and safety continues to
be ensured. The direct final rule will become effective on October 21,
2013 However, if the NRC receives significant adverse comments on this
proposed rule by September 6, 2013, then the NRC will publish a
document that withdraws the direct final rule. If the direct final rule
is withdrawn, the NRC will address the comments received in response to
these proposed revisions in a subsequent final rule. Absent significant
modifications to the proposed revisions requiring republication, the
NRC will not initiate
[[Page 48077]]
a second comment period on this action in the event the direct final
rule is withdrawn.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(A) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(B) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(C) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule and it
is apparent that the rule would be ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule.
For procedural information, see the direct final rule published in
the Rules and Regulations section of this issue of the Federal
Register.
List of Subjects in 10 CFR Part 95
Classified information, Criminal penalties, Reporting and
recordkeeping requirements, and Security measures.
For the reasons set forth in the preamble and under the authority
of the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to
adopt the following amendments to 10 CFR part 95.
PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL
SECURITY INFORMATION AND RESTRICTED DATA
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1. The authority citation for part 95 continues to read as follows:
Authority: Atomic Energy Act Secs. 145, 161, 223, 234 (42
U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act sec. 201
(42 U.S.C.5841); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); E.O. 10865, as amended, 3 CFR 1959-1963 Comp., p.
398 (50 U.S.C. 401, note); E.O. 12829, 3 CFR, 1993 Comp., p. 570; EO
13526, 3 CFR 2010 Comp., pp. 298-327; E.O. 12968, 3 CFR, 1995 Comp.,
p. 391; E.O. 13526, 3 CFR, 2010 Comp., p. 298.
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2. Revise Sec. 95.33 to read as follows:
Sec. 95.33 Security education.
All cleared employees must be provided with security training and
briefings commensurate with their involvement with classified
information. The facility official(s) responsible for the program shall
determine the means and methods for providing security education and
training. A licensee or other entity subject to part 95 may obtain
defensive security, threat awareness, and other education and training
information and material from their Cognoscent Security Agency (CSA) or
other appropriate sources.
(a) Facility Security Officer Training. Licensees or other entities
subject to part 95 are responsible for ensuring that the Facility
Security Officer, and other personnel performing security duties,
complete security training deemed appropriate by the CSA. Training
requirements must be based on the facility's involvement with
classified information and may include a Facility Security Officer
Orientation Course and, for Facility Security Officers at facilities
with safeguarding capability, a Facility Security Officer Program
Management Course. Training, if required, should be completed within 1
year of appointment to the position of Facility Security Officer.
(b) Government-Provided Briefings. The CSA is responsible for
providing initial security briefings to the Facility Security Officer,
and for ensuring that other briefings required for special categories
of information are provided.
(c) Temporary Help Suppliers. A temporary help supplier, or other
contractor who employs cleared individuals solely for dispatch
elsewhere, is responsible for ensuring that required briefings are
provided to their cleared personnel. The temporary help supplier or the
using licensee's, certificate holder's, or other person's facility may
conduct these briefings.
(d) Classified Information Nondisclosure Agreement (SF-312). The
SF-312 is an agreement between the United States and an individual who
is cleared for access to classified information. An employee issued an
initial access authorization must, in accordance with the requirements
of Sec. 25.23 of this chapter, execute an SF-312 before being granted
access to classified information. The Facility Security Officer shall
forward the executed SF-312 to the CSA for retention. If the employee
refuses to execute the SF-312, the licensee or other facility shall
deny the employee access to classified information and submit a report
to the CSA. The SF-312 must be signed and dated by the employee and
witnessed. The employee's and witness' signatures must bear the same
date.
(e) Access to Classified Information. Employees may have access to
classified information only if:
(1) A favorable determination of eligibility for access has been
made with respect to such employee by the CSA;
(2) The employee has signed an approved non-disclosure agreement;
and
(3) The employee has a need-to-know the information.
(f) Initial Security Briefings. Initial training shall be provided
to every employee who has met the standards for access to classified
information in accordance with paragraph (e) of this section before the
employee is granted access to classified information. The initial
training shall include the following topics:
(1) A Threat Awareness Briefing;
(2) A Defensive Security Briefing;
(3) An overview of the security classification system;
(4) Employee reporting obligations and requirements; and
(5) Security procedures and duties applicable to the employee's
job.
(g) Refresher Briefings. The licensee or other entities subject to
part 95 shall conduct refresher briefings for all cleared employees at
least annually. As a minimum, the refresher briefing must reinforce the
information provided during the initial briefing and inform employees
of appropriate changes in security regulations. This requirement may be
satisfied by use of audio/video materials and/or by issuing written
materials to cleared employees.
(h) Persons who apply derivative classification markings shall
receive training specific to the proper application of the derivative
classification principles of Executive Order 13526, Classified National
Security Information (75 FR 707; January 5, 2010), before derivatively
classifying information and at least once every 2 years thereafter.
(i) Debriefings. Licensee and other facilities shall debrief
cleared employees at the time of termination of employment (discharge,
resignation, or retirement); when an employee's access authorization is
terminated, suspended, or revoked; and upon termination of the Facility
Clearance.
(j) Records reflecting an individual's initial and refresher
security orientations and security termination must be maintained for 3
years after termination of the individual's access authorization.
[[Page 48078]]
Dated at Rockville, Maryland, this 23rd day of July, 2013.
For the Nuclear Regulatory Commission.
R. William Borchardt,
Executive Director for Operations.
[FR Doc. 2013-18944 Filed 8-6-13; 8:45 am]
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