[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]

Proposed Rules
                                                Federal Register

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.


Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / 
Proposed Rules

[[Page 48076]]


10 CFR Part 95

RIN 3150-AJ07

Facility Security Clearance and Safeguarding of National Security 
Information and Restricted Data

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
update its regulations to standardize the frequency of required 
security education training for employees of NRC licensees possessing 
security clearances so that such training will be conducted annually 
consistent with the objectives of Executive Order 13526, Classified 
National Security Information. The rule would allow licensees 
flexibility in determining the means and methods for providing this 
training. This action would establish uniformity in the frequency of 
licensee security education and training programs and enhances the 
protection of classified information.

DATES: Submit comments by September 6, 2013. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure only that comments received on or before this date 
will be considered.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to 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].


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 
     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 

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.


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.
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 
    (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; 
    (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 
    (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 
    (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]