10262 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

§ 502.114 [Amended] 

■ 12. In § 502.114, remove paragraph 

(c). 

§ 502.118 [Amended] 

■ 13. In § 502.118, remove and reserve 

paragraphs (a) and (b)(1) through (3). 

§ 502.119 [Removed] 

■ 14. Remove § 502.119. 

Subpart I—Subpoenas 

■ 15. Revise the heading to subpart I as 

set forth above. 

■ 16. Revise § 502.131 to read as 

follows: 

§ 502.131 Requests; issuance. 

Subpoenas for the attendance of 

witnesses or the production of evidence 

shall be issued upon request of any 

party, without notice to any other party. 

Requests for subpoenas must be 

submitted in writing to the Office of 

Administrative Law Judges. The party 

requesting the subpoena shall tender an 

original and one copy of such subpoena. 

Where it appears that the subpoena 

sought may be unreasonable, 

oppressive, excessive in scope, or 

unduly burdensome, the administrative 

law judge may in his or her discretion, 

as a condition precedent to the issuance 

of the subpoena, require the person 

seeking the subpoena to show the 

general relevance and reasonable scope 

of the testimony or other evidence 

sought. [Rule 131.] 

§ 502.132 [Amended] 

■ 17. Amend § 502.132 by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place wherever it occurs. 

§ 502.133 [Amended] 

■ 18. Amend § 502.133 by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place. 

§ 502.134 [Amended] 

■ 19. Amend § 502.134 as follows: 

■ a. Amend the section heading by 

removing ‘‘subpenas’’ and adding 

‘‘subpoenas’’ in its place; and 

■ b. Amend the text by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place wherever it occurs. 

§ 502.135 [Amended] 

■ 20. Amend § 502.135 as follows: 

■ c. Amend the section heading by 

removing ‘‘Subpena’’ and adding 

‘‘Subpoena’’ in its place; 

■ d. Amend paragraph (a) by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place wherever it occurs; and 

■ e. Amend paragraph (b) by removing 

‘‘subpenaed’’ and adding ‘‘subpoenaed’’ 

in its place. 

§ 502.136 [Amended] 

■ 21. Amend § 502.136 by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place. 

§ 502.147 [Amended] 

■ 22. Amend § 502.147(a), in the first 

sentence, by removing ‘‘subpenas’’ and 

adding ‘‘subpoenas’’ in its place. 

§ 502.203 [Amended] 

■ 23. Amend § 502.203(a)(2) and (3) by 

removing ‘‘subpena’’ and adding 

‘‘subpoena’’ in its place wherever it 

occurs. 

§ 502.210 [Amended] 

■ 24. Amend § 502.210 in paragraph (b) 

by removing ‘‘subpenas’’ and ‘‘subpoena’’ 

and adding ‘‘subpoenas’’ and 

‘‘subpoena’’, respectively, in their place 

wherever they occur. 

§ 502.286 [Amended] 

■ 25. Amend § 502.286 by removing 

‘‘subpenas’’ and adding ‘‘subpoenas’’ in 

two places. 

■ 26. Revise § 502.305 to read as 

follows: 

§ 502.305 Applicability of other rules of 

this part. 

(a) Except otherwise specifically 

provided in this subpart or in paragraph 

(b) of this section, the sections in 

subparts A through Q, inclusive, of this 

part do not apply to situations covered 

by this subpart. 

(b) The following sections in subparts 

A through Q of this part apply to 

situations covered by this subpart: 

§§ 502.2(a) (Requirement for filing); 

502.2(f)(1) 

(Email transmission of filings); 502.2(i) 

(Continuing obligation to provide 

contact information); 502.7 (Documents 

in foreign languages); 502.21–502.23 

(Appearance, Authority for 

representation, Notice of appearance; 

substitution and withdrawal of 

representative); 502.43 (Substitution of 

parties); 502.101 (Computation); 

502.117 (Certificate of service); 502.253 

(Interest in reparation proceedings); and 

502.254 (Attorney’s fees in reparation 

proceedings). [Rule 305.] 

Exhibit No. 1 to Subpart S—[Amended] 

■ 27. Amend the appendix, Exhibit No. 

1 to subpart S, by removing ‘‘$10,000 or 

less’’ and adding ‘‘$50,000 or less’’ in its 

place in the first paragraph of the 

Exhibit’s Information To Assist in Filing 

Informal Complaints. 

■ 28. Revise § 502.321 to read as 

follows: 

§ 502.321 Applicability of other rules of 

this part. 

(a) Except otherwise specifically 

provided in this subpart or in paragraph 

(b) of this section, the sections in 

subparts A through Q, inclusive, of this 

part do not apply to situations covered 

by this subpart. 

(b) The following sections in subparts 

A through Q apply to situations covered 

by this subpart: §§ 502.2(a) 

(Requirement for filing); 502.2(f)(1) (Email transmission of filings); 502.2(i) 

(Continuing obligation to provide 

contact information); 502.7 (Documents 

in foreign languages); 502.21–502.23 

(Appearance, Authority for 

representation, Notice of appearance; 

substitution and withdrawal of 

representative); 502.43 (Substitution of 

parties); 502.253 (Interest in reparation 

proceedings); and 502.254 (Attorney’s 

fees in reparation proceedings). [Rule 

321.] 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2011–4060 Filed 2–23–11; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 503 

[Docket No. 11–01] 

RIN 3072–AC40 

Information Security Program 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (FMC or Commission) 

amends its regulations relating to its 

Information Security Program to reflect 

the changes implemented by Executive 

Order 13526—Classified National 

Security Information—that took effect 

January 5, 2010, and which prescribes a 

uniform system for classifying, 

safeguarding, and declassifying national 

security information, including 

information relating to defense against 

transnational terrorism. 

DATES: Effective February 28, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Fenneman, General Counsel, 

Federal Maritime Commission, 800 

North Capitol Street, NW., Washington, 

DC 20573, (202) 523–5740, 

GeneralCounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: The FMC 

amends Subpart F of Part 503 of Title 46 


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Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10263 

of the Code of Federal Regulations to 

reflect the changes implemented by 

Executive Order 13526—Classified 

National Security Information—that 

took effect January 5, 2010, which 

prescribes a uniform system for 

classifying, safeguarding, and 

declassifying national security 

information, including information 

relating to defense against transnational 

terrorism. 

Because the changes made in this 

proceeding only address agency 

operating procedure and practice, which 

do not require notice and public 

comment pursuant to the 

Administrative Procedure Act, 5 U.S.C. 

553, this rule is published as final. 

This rule is not a ‘‘major rule’’ under 

5 U.S.C. 804(2). 

List of Subjects in 46 CFR Part 503 

Freedom of Information Act, Privacy, 

Sunshine Act. 

For the reasons stated in the 

SUPPLEMENTARY INFORMATION, the 

Federal Maritime Commission amends 

46 CFR part 503 as follows. 

PART 503—PUBLIC INFORMATION 

■ 1. Revise the authority citation for part 

503 to read as follows: 

Authority: 5 U.S.C. 552, 552a, 552b, 553; 

31 U.S.C. 9701; E.O. 13526 of January 5, 2010 

(75 FR 707), sections 5.1(a) and (b). 

■ 2. Amend § 503.51 by revising 

paragraphs (i)(3), (j), (p), and (q) to read 

as follows: 

§ 503.51 Definitions. 

* * * * * 

(i) * * * 

(3) Information received and treated 

as ‘‘Foreign Government Information’’ 

under the terms of Executive Order 

13526 or any predecessor order. 

(j) Mandatory declassification review 

means the review for declassification of 

classified information in response to a 

request for declassification that meets 

the requirements under section 3.5 of 

Executive Order 13526. 

* * * * * 

(p) Self-inspection means the internal 

review and evaluation of individual 

Commission activities and the 

Commission as a whole with respect to 

the implementation of the program 

established under Executive Order 

13526 and its implementing directives. 

(q) Senior agency official means the 

official designated by the Chairman 

under section 5.4(d) of Executive Order 

13526 to direct and administer the 

Commission’s program under which 

classified information is safeguarded. 

* * * * * 

■ 3. Revise § 503.52 to read as follows: 

§ 503.52 Senior agency official. 

The Managing Director is designated 

as Senior Agency Official of the 

Commission, and shall be responsible 

for directing, administering and 

reporting on the Commission’s 

information security program, which 

includes oversight (self-inspection) and 

security information programs to ensure 

effective implementation of Executive 

Orders 13526 and 12968 and 32 CFR 

part 2001. 

■ 4. Amend § 503.53 by revising the 

introductory text and paragraphs (a) and 

(d) to read as follows: 

§ 503.53 Oversight Committee. 

An Oversight Committee is 

established, under the chairmanship of 

the Senior Agency Official with the 

following responsibilities: 

(a) Establish a Commission security 

education program to familiarize all 

personnel who have or may have access 

to classified information with the 

provisions of Executive Order 13526 

and directives of the Information 

Security Oversight Office. The program 

shall include initial, refresher, and 

termination briefings; 

* * * * * 

(d) Recommend appropriate 

administrative action to correct abuse or 

violations of any provision of Executive 

Order 13526; and 

* * * * * 

■ 5. Amend § 503.54 by revising 

paragraphs (b) and (c) to read as follows: 

§ 503.54 Original classification. 

* * * * * 

(b) If a Commission Member or 

employee develops information that 

appears to require classification, or 

receives any foreign government 

information as defined in section 6.1(s) 

of Executive Order 13526, the Member 

or employee 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. 

* * * * * 

■ 6. Amend § 503.55 as follows: 

■ a. In paragraph (a) introductory text by 

removing the reference ‘‘Executive Order 

12958’’ and adding the reference 

‘‘Executive Order 13526’’ in its place; 

and 

■ b. By adding paragraphs (c)(1) and (2) 

to read as follows: 

§ 503.55 Derivative classification. 

* * * * * 

(c) * * * 

(1) Classification authority. The 

authority for classification shall be 

shown as follows: 

(i) ‘‘Classified by (description of 

source documents or classification 

guide),’’ or 

(ii) ‘‘Classified by multiple sources,’’ if 

a document is classified on the basis of 

more than one source document or 

classification guide. 

(iii) In these cases, the derivative 

classifier shall maintain the 

identification of each source with the 

file or record copy of the derivatively 

classified document. A document 

derivatively classified on the basis of a 

source document that is marked 

‘‘Classified by Multiple Sources’’ shall 

cite the source document in its 

‘‘Classified by’’ line rather than the term 

‘‘Multiple sources.’’ 

(2) Declassification and downgrading 

instructions. Date or events for 

automatic declassification or 

downgrading, or the notation 

‘‘Originating Agency’s Determination 

Required’’ to indicate that the document 

is not to be declassified automatically, 

shall be carried forward from the source 

document, or as directed by a 

classification guide, and shown on 

‘‘declassify on’’ line as follows: 

‘‘Declassify on: (date, description of 

event);’’ or ‘‘Originating Agency’s 

Determination Required (OADR).’’ 

■ 7. In § 503.56, revise paragraph (a) to 

read as follows: 

§ 503.56 General declassification and 

downgrading policy. 

(a) The Commission exercises 

declassification and downgrading 

authority in accordance with section 3.1 

of Executive Order 13526, only over that 

information originally classified by the 

Commission under previous Executive 

Orders. Declassification and 

downgrading authority may be 

exercised by the Commission Chairman 

and the Senior Agency Official, and 

such others as the Chairman may 

designate. Commission personnel may 

not declassify information originally 

classified by other agencies. 

* * * * * 

■ 8. Revise § 503.57 to read as follows: 

§ 503.57 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. 


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10264 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

(b) Any individual may request a 

review of classified information and 

material in possession of the 

Commission for declassification. All 

information classified under Executive 

Order 13526 or a predecessor Order 

shall be subject to a review for 

declassification by the Commission, if: 

(1) The request describes the 

documents or material containing the 

information with sufficient specificity to 

enable the Commission 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. 

(3) The information requested has not 

been reviewed for declassification in the 

previous two years. If so, the FMC shall 

inform the requester of this fact and 

provide the requester with appeal rights 

in accordance with 32 CFR 

2001.33(a)(2)(iii). 

(c) Requests shall be in writing, and 

shall be sent to: Office of the Managing 

Director, Attn.: Senior Agency Official, 

Federal Maritime Commission, 

Washington, DC 20573 or submitted via 

the FMC’s on-line declassification 

information portal which provides an email address through which requests 

can be submitted: http://www.http:// 

www.fmc.gov/about/ 

web_policies_notices_and_acts.aspx. 

(d) If the request requires the 

provision of services by the 

Commission, fair and equitable fees may 

be charged pursuant to 31 U.S.C. 9701. 

(e) Requests for mandatory 

declassification reviews shall be 

acknowledged by the Commission 

within 15 days of the date of receipt of 

such requests. 

(f) If the document was derivatively 

classified by the Commission or 

originally classified by another agency, 

the request, the document, and a 

recommendation for action shall be 

forwarded to the agency with the 

original classification authority. The 

Commission may, after consultation 

with the originating agency, inform the 

requester of the referral. 

(g) If a document is declassified in its 

entirety, it may be released to the 

requester, unless withholding is 

otherwise warranted under applicable 

law. If a document or any part of it is 

not declassified, the Senior Agency 

Official shall furnish the declassified 

portions to the requester unless 

withholding is otherwise warranted 

under applicable law, along with a brief 

statement concerning the reasons for the 

denial of the remainder, and the right to 

appeal that decision to the Commission 

appellate authority within 60 days. 

(h) If a declassification determination 

cannot be made within 45 days, the 

requester shall be advised that 

additional time is needed to process the 

request. Final determination shall be 

made within one year from the date of 

receipt of the request. The Commission 

shall inform the requester in writing of 

the final determination and of the 

reasons for any denials. The 

Commission shall inform the requester 

in writing of his or her final appeal 

rights to the Interagency Security 

Classification Appeals Panel. 

(i) When a request has been submitted 

both under mandatory declassification 

review and the Freedom of Information 

Act (FOIA), the agency shall require the 

requester to select one process or the 

other. If the requester fails to select one 

process or the other, the request will be 

treated as a FOIA request unless the 

requested materials are subject only to 

mandatory declassification review. 

■ 9. Revise § 503.58 to read as follows: 

§ 503.58 Appeals of denials of mandatory 

declassification review requests. 

(a) Within 60 days after the receipt of 

denial of a request for mandatory 

declassification review, the requester 

may submit an appeal in writing to the 

Chairman through the Secretary, Federal 

Maritime Commission, Washington, DC 

20573. The appeal shall: 

(1) Identify the document in the same 

manner in which it was identified in the 

original request; 

(2) Indicate the dates of the request 

and denial, and the expressed basis for 

the denial; and 

(3) State briefly why the document 

should be declassified. 

(b) The Chairman shall rule on the 

appeal within 60 working days of 

receiving it. If additional time is 

required to make a determination, the 

Chairman shall notify the requester of 

the additional time needed and provide 

the requester with the reason for the 

extension. The Chairman shall notify 

the requester in writing of the final 

determination and the reasons for any 

denial. 

(c) In accordance with section 5.3 of 

Executive Order 13526 and 32 CFR 

2001.33, within 60 days of such 

issuance, the requester may appeal a 

final determination of the Commission 

under paragraph (b) of this section to 

the Interagency Security Classification 

Appeals Panel. The appeal should be 

addressed to, Executive Secretary, 

Interagency Security Classification 

Appeals Panel, Attn: Classification 

Challenge Appeals, c/o Information 

Security Oversight Office, National 

Archives and Records Administration, 

7th and Pennsylvania Avenue, NW., 

Room 5W, Washington, DC 20408. 

■ 10. Amend § 503.59 by revising 

paragraphs (f) introductory text, (g)(2), 

(k), (m), (n), (o), (q)(1) through (3), (r), 

and (s) to read as follows: 

§ 503.59 Safeguarding classified 

information. 

* * * * * 

(f) Waivers under paragraph (e) of this 

section may be granted when the 

Commission Senior Agency Official: 

* * * * * 

(g) * * * 

(2) To protect the classified 

information in accordance with the 

provisions of Executive Order 13526; 

and 

* * * * * 

(k) An inventory of all documents 

classified higher than confidential shall 

be made at least annually and whenever 

there is a change in classified document 

custodians. The Senior Agency Official 

shall be notified, in writing, of the 

results of each inventory. 

* * * * * 

(m) Combinations to dial-type locks 

shall be changed only by persons having 

an appropriate security clearance, and 

shall be changed whenever such 

equipment is placed in use; whenever a 

person knowing the combination no 

longer requires access to the 

combination; whenever a combination 

has been subject to possible 

compromise; whenever the equipment 

is taken out of service; and at least once 

each year. Records of combinations 

shall be classified no lower than the 

highest level of classified information to 

be stored in the security equipment 

concerned. One copy of the record of 

each combination shall be provided to 

the Senior Agency Official. 

(n) Individuals charged with the 

custody of classified information shall 

conduct the necessary inspections 

within their areas to insure adherence to 

procedural safeguards prescribed to 

protect classified information. The 

Commission Senior Agency Official 

shall conduct periodic inspections to 

determine if the procedural safeguards 

prescribed in this subpart are in effect 

at all times. 

(o) Whenever classified material is to 

be transmitted outside the Commission, 

the custodian of the classified material 

shall contact the Commission Senior 

Agency Official for preparation and 

receipting instructions. If the material is 

to be hand carried, the Senior Agency 

Official shall ensure that the person 

who will carry the material has the 

appropriate security clearance, is 

knowledgeable of safeguarding 


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Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 10265 

requirements, and is briefed, if 

appropriate, concerning restrictions 

with respect to carrying classified 

material on commercial carriers. 

* * * * * 

(q) * * * 

(1) Knowingly, willfully, or 

negligently disclose to unauthorized 

persons information properly classified 

under Executive Order 13526 or 

predecessor orders; 

(2) Knowingly and willfully classify 

or continue the classification of 

information in violation of Executive 

Order 13526 or any implementing 

directive; or 

(3) Knowingly and willfully violate 

any other provision of Executive Order 

13526 or implementing directive. 

(r) Any person who discovers or 

believes that a classified document is 

lost or compromised shall immediately 

report the circumstances to his or her 

supervisor and the Commission Senior 

Agency Official, who shall conduct an 

immediate inquiry into the matter. 

(s) Questions with respect to the 

Commission Information Security 

Program, particularly those concerning 

the classification, declassification, 

downgrading, and safeguarding of 

classified information, shall be directed 

to the Commission Senior Agency 

Official. 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2011–4063 Filed 2–23–11; 8:45 am] 

BILLING CODE 6730–01–P 


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