Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules 5729 

representative of the Secretary 

determines that the violation has been 

abated. 

§ 104.4 Termination of notice. 

(a) Termination of a section 104(e)(1) 

pattern of violations notice shall occur 

when an MSHA inspection of the entire 

mine finds no S&S violations, or if no 

withdrawal order is issued by MSHA in 

accordance with section 104(e)(1) of the 

Act within 90 days of the issuance of 

the pattern notice. 

(b) The mine operator may request an 

inspection of the entire mine or portion 

of the mine. No advance notice of the 

inspection shall be provided, and the 

scope of inspection shall be determined 

by MSHA. Partial mine inspectionscovering the entire mine within 90 days 

shall constitute an inspection of the 

entire mine for the purposes of this part. 

[FR Doc. 2011–2255 Filed 1–31–11; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 156 

[DOD–2008–OS–0160; RIN 0790–AI42] 

Department of Defense Personnel 

Security Program (PSP) 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This rule would update 

policies and responsibilities for the 

Department of Defense (DoD) Personnel 

Security Program (PSP) in accordance 

with the provisions of current U.S. 

Code, Public Laws, and Executive 

Orders (E.O.). 

DATES: Comments must be received by 

April 4, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

OSD Mailroom 3C843, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Stacey Jefferson, (703) 604–1236. 

SUPPLEMENTARY INFORMATION: The 

Department of Defense Directive (DoDD) 

5200.2, Personnel Security Program 

(PSP), codified at 32 CFR 156, was 

issued April 9, 1999. The Department is 

reissuing the DoD Directive as a DoD 

Instruction to update existing policy 

regarding the DoD Personnel Security 

Program and also incorporate new 

policy related to Homeland Security 

Presidential Directive-12 (HSPD–12). 

This rule provides PSP policy 

fundamental to preventing unauthorized 

disclosure of sensitive and classified 

information that could cause irreparable 

damage to national security. The policy 

portion relating to HSPD–12 

implements investigative and 

adjudicative policy for the Department’s 

personal identity verification credential. 

Updates to the policy reflect Joint 

Security and Suitability Reform Team 

efforts to incorporate the foundational 

policy changes needed to implement 

reform. The Intelligence Reform and 

Terrorism Prevention Act of 2004, E.O. 

13467, E.O. 12968, E.O. 10865, and 

HSPD–12 are some of the current 

Federal laws, directives and statutes 

that impact the DoD PSP. Since this rule 

was last published, additional executive 

orders have been issued directing 

alignment of security, suitability and 

reciprocal acceptance of prior 

investigations and favorable 

determinations. 

The procedural guidance for the DoD 

PSP is currently being updated and will 

subsequently be proposed as rule 

codified at 32 CFR part 154. The 

investigative and adjudication 

procedural guidance for the DoD 

Federal personal identity verification 

credential pursuant HSPD–12 is 

undergoing coordination and will also 

be proposed a separate rule. 

E.O. 12866, ‘‘Regulatory Planning and 

Review’’ 

It has been certified that 32 CFR part 

156 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this E.O. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

156 does not contain a Federal mandate 

that may result in the expenditure by 

State, local and tribunal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

156 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

156 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

E.O. 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

156 does not have federalism 

implications, as set forth in E.O. 13132. 

This rule does not have substantial 

direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 156 

Government employees; Security 

measures. 

Accordingly, 32 CFR part 156 is 

revised to read as follows. 

PART 156—DEPARTMENT OF 

DEFENSE PERSONNEL SECURITY 

PROGRAM (PSP) 

Sec. 

156.1 Purpose. 

156.2 Applicability. 

156.3 Definitions. 

156.4 Policy. 

156.5 Responsibilities. 

156.6 Procedures-sensitive positions, 

duties, and classified access. 

156.7 Procedures—common access card 

investigation and adjudication. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

5730 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules 

1Copies available on the Internet at http:// 

www.dni.gov/electronic_reading_room/ 

ICD_704.pdf. 

2Copies available on the Internet at http:// 

georgewbush-whitehouse.archives.gov/news/ 

releases/2004/08/20040827-8.html. 

3Copies available on the Internet at http:// 

www.whitehouse.gov/sites/default/files/omb/ 

memoranda/fy2005/m05-24.pdf. 

4Copies available on the Internet at http:// 

csrc.nist.gov/publications/fips/fips201-1/FIPS-201- 

1-chng1.pdf. 

5Copies available on the Internet at https:// 

www.acquisition.gov/Far/loadmainre.html. 

6Copies available on the Internet at http:// 

www.opm.gov/investigate/resources/ 

final_credentialing_standards.pdf. 

Authority: E.O. 12968, as amended; E.O. 

10450, as amended; E.O. 10865, as amended; 

E.O. 13526; E.O. 12829, as amended; E.O. 

13467; E.O. 13488; E.O. 12333, as amended; 

sections 301 and 7532 of 5 U.S.C.; section 

1072 of Public Law 110–181, as amended; 

section 278g–3 of 15 U.S.C.; section 11331 of 

40 U.S.C.; title 10 U.S.C.; section 435c. and 

chapter 23 of 50 U.S.C.; and parts 731, 732 

and 736 of 5 CFR. 

§ 156.1 Purpose. 

This part updates policies and 

responsibilities for the Department of 

Defense (DoD) Personnel Security 

Program (PSP) consistent with E.O. 

12968, as amended; E.O. 10450, as 

amended; E.O. 10865, as amended; E.O. 

13526; E.O. 12829, as amended; E.O. 

13467; E.O. 13488; E.O. 12333, as 

amended; sections 301 and 7532 of 5 

U.S.C.; section 1072 of Public Law 110– 

181, as amended; section 278g–3 of 15 

U.S.C.; section 11331 of 40 U.S.C.; title 

10 U.S.C.; parts 147, 154 through 156 of 

32 CFR; section 435c. and chapter 23 of 

50 U.S.C.; and parts 731, 732 and 736 

of 5 CFR. 

§ 156.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

§ 156.3 Definitions. 

These terms and their definitions are 

for the purposes of this part: 

Continuous evaluation. Defined in 

section 1.3(d) of E.O. 13467. 

Fitness. Defined in E.O. 13488. 

Sensitive position. Any position so 

designated under E.O. 10450, as 

amended. 

§ 156.4 Policy. 

It is DoD policy that: 

(a) The Department shall establish 

and maintain a uniform DoD PSP using 

appropriate standards in accordance 

with E.O. 12968, as amended; E.O. 

10450, as amended; E.O. 10865, as 

amended; E.O. 13526; E.O. 12829, as 

amended; E.O. 13467; E.O. 13488; E.O. 

12333, as amended; parts 147, 154 

through 156 of 32 CFR; parts 731, 732 

and 736 of 5 CFR; sections 301 and 7532 

of 5 U.S.C; section 1072 of Public Law 

110–181, as amended; section 278g–3 of 

15 U.S.C.; section 11331 of 40 U.S.C.; 

title 10 U.S.C.; section 435c. and chapter 

23 of 50 U.S.C.; and the Intelligence 

Community Directive Number 704 (ICD 

704).1

(b) Policies and procedures shall be 

aligned using consistent standards to 

the extent possible; provide for 

reciprocal recognition of existing 

investigations and favorable 

adjudications; be cost-effective, timely 

and provide efficient protection of the 

national interest; and provide fair 

treatment of those upon whom the 

Federal Government relies to conduct 

the Nation’s business and protect 

national security. 

(c) Discretionary judgments used to 

determine eligibility for access to 

classified information, to hold a 

sensitive position, or perform a sensitive 

duty are inherently governmental 

functions, and adjudications supporting 

these judgments shall be performed by 

appropriately trained and favorably 

adjudicated Government personnel or 

appropriate automated procedures. 

(d) No negative inference may be 

raised solely on the basis of mental 

health counseling. Such counseling may 

be a positive factor in rendering 

eligibility determinations. However, 

mental health counseling, where 

relevant to adjudication for classified 

access or to hold a sensitive position, 

may justify further inquiry to assess risk 

factors that may be relevant to the DoD 

PSP. 

(e) The Department of Defense shall 

not discriminate on the basis of race, 

color, religion, sex, national origin, 

disability, or sexual orientation, and no 

inference may be raised solely on the 

basis of an individual’s sexual 

orientation. 

(f) Discretionary judgments that 

determine eligibility for access to 

classified information, to hold a 

sensitive position, or perform a sensitive 

duty shall be clearly consistent with the 

interests of national security and any 

doubt shall be resolved in favor of 

national security. 

(g) No person shall be deemed to be 

eligible for access to classified 

information, to hold a sensitive 

position, hold a DoD CAC, or perform a 

sensitive duty merely by reason of 

Federal service or contracting, licensee, 

certificate holder, or grantee status, or as 

a matter of right or privilege, or as a 

result of any particular title, rank, 

position, or affiliation. 

(h) Eligibility for access to classified 

information, hold a sensitive position, 

or perform a sensitive duty shall be 

granted only to persons who are United 

States citizens for whom the 

investigative and adjudication process 

has been completed. However, based on 

mission needs, temporary eligibility 

may be granted prior to completion of 

the investigative and adjudicative 

process. 

(i) As an exception, a non-U.S. 

citizen, who possesses an expertise that 

cannot be filled by a cleared or clearable 

U.S. citizen, may hold a sensitive 

position or granted a Limited Access 

Authorization for access to classified 

information in support of a specific DoD 

program, project, or contract. 

(j) The Department shall establish 

investigative and adjudicative policy 

and procedures to determine whether to 

issue, deny or revoke CACs in 

accordance with the Homeland Security 

Presidential Directive (HSPD)–12;2

Office of Management and Budget 

Memorandum (OMB) M–05–24;3

Federal Information Processing 

Standards Publication 201–1(FIPS 201– 

1) 4; Federal Acquisition Regulation 5; 

section 278g–3 of title 15, U.S.C.; 

section 11331 of title 40, U.S.C., and the 

Office of Personnel Management (OPM) 

Memorandum, ‘‘Final Credentialing 

Standards for Issuing Personal Identity 

Verification Cards under HSPD–12.’’ 6

§ 156.5 Responsibilities. 

(a) The Under Secretary of Defense for 

Intelligence (USD(I)) shall: 

(1) Develop, coordinate, and oversee 

the implementation of policy, programs, 

and guidance for the DoD PSP. For the 

DoD intelligence agencies this 

responsibility shall be exercised in 

consultation with the Director of 

National Intelligence. 

(2) In coordination with the Under 

Secretary of Defense for Personnel and 

Readiness (USD(P&R)) and the General 

Counsel of the Department of Defense 

(GC, DoD), establish policy for military 

and civilians for the CAC personnel 

security investigation (PSI) and 

adjudication in accordance with HSPD– 

12; E.O. 13467; E.O. 13488, section 

11331 of title 40, U.S.C.; section 278g– 

3 of 15 U.S.C.; OMB Memo M–05–24; 

and OPM Memorandum, ‘‘Final 

Credentialing Standards for Issuing 

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Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules 5731 

Personal Identity Verification Cards 

under HSPD–12.’’ 

(3) In coordination with the Under 

Secretary of Defense for Acquisition, 

Technology and Logistics and the GC, 

DoD, establish policy for contractor 

fitness investigations and CAC 

adjudication, outside the purview of the 

National Industrial Security Program, 

under the terms of applicable contracts 

of HSPD–12; E.O. 13467; E.O. 13488, 

section 11331 of title 40, U.S.C.; section 

278g–3 of 15 U.S.C.; OMB Memo M–05– 

24; and OPM Memorandum, ‘‘Final 

Credentialing Standards for Issuing 

Personal Identity Verification Cards 

under HSPD–12;’’ the Federal 

Acquisition Regulation; and the Defense 

Federal Acquisition Regulation. 

(4) Develop guidance implementing 

the policy in this part. 

(b) The Deputy Under Secretary of 

Defense (HUMINT, Counterintelligence 

& Security) DUSD(HCI&S), under the 

authority, direction, and control of 

USD(I) shall: 

(1) Ensure that the program is 

consistent, cost-effective, efficient, and 

balances the rights of individuals with 

the interests of national security. 

(2) Develop and publish revisions to 

32 CFR part 154. 

(3) Approve, coordinate, and oversee 

all DoD personnel security research 

initiatives and activities to improve the 

efficiency, effectiveness, and fairness of 

the DoD PSP. 

(4) Ensure the Defense Security 

Service provides education, training, 

and awareness support to the DoD PSP. 

(5) Serve as the primary contact 

between DoD, the Red Cross, United 

Service Organizations, and other 

organizations with direct DoD affiliation 

for all matters relating to the PSI policy 

and procedures prescribed herein. 

(6) When appropriate, approve 

requests for exceptions to the DoD PSP 

for access to classified information 

except North Atlantic Treaty 

Organization (NATO) classified 

information. Requests for exceptions 

involving access to NATO classified 

information shall be sent to the Office 

of the Under Secretary of Defense for 

Policy. 

(7) Issue policy guidance, 

interpretation, and clarification as 

needed. 

(8) Conduct oversight inspections of 

the DoD Components for 

implementation and compliance with 

DoD personnel security policy and 

operating procedures. 

(9) Develop a framework setting forth 

an overarching strategy identifying 

goals, performance measures, roles and 

responsibilities, a communications 

strategy, and metrics to measure the 

quality of security clearance 

investigations and adjudications to 

ensure a sound DoD PSP that will 

continue to meet the needs of DoD. 

(c) The GC, DoD shall: 

(1) Provide advice and guidance as to 

the legal sufficiency of procedures and 

standards involved in implementing the 

DoD PSP and exercise oversight of the 

established administrative due process 

procedures of the DoD PSP. 

(2) Perform functions relating to the 

DoD PSP including the maintenance 

and oversight of the Defense Office of 

Hearings and Appeals. 

(d) The Under Secretary of Defense for 

Policy shall approve requests for 

exceptions to the DoD PSP involving 

access to NATO classified information. 

Requests for exceptions involving access 

to any other classified information shall 

be sent to the DUSD(HCI&S). 

(e) The Heads of the Office of the 

Secretary of Defense and DoD 

Components shall: 

(1) Designate a senior agency official 

who shall direct and administer the DoD 

PSP consistent with this part. 

(2) Comply with the policy and 

procedures regarding investigation and 

adjudication for CAC issuance and 

distribute this part to local and regional 

organizations. 

(3) Provide funding to cover 

requirements for PSIs, adjudication, and 

recording of results to comply with the 

DoD PSP. 

(4) Enforce requirements for prompt 

reporting of significant derogatory 

information, unfavorable administrative 

actions or adverse actions to the 

appropriate personnel security, human 

resources official(s), or 

counterintelligence official(s), as 

appropriate, within their respective 

Component. 

(5) Provide requested information and 

recommendations, as appropriate, on 

any aspect of this part and the DoD PSP 

to the USD(I). 

§ 156.6 Procedures—sensitive positions, 

duties, and classified access. 

(a) Procedures. The objective of the 

personnel security program is to ensure 

persons deemed eligible for access to 

classified information, to hold a 

sensitive position, or perform a sensitive 

duty are and remain reliable and 

trustworthy. Duties considered sensitive 

and critical to national security do not 

always involve classified activities or 

classified matters. Personnel security 

procedures for sensitive positions or 

duties and classified access are set forth 

in E.O. 12968, as amended; 32 CFR 154; 

ICD 704; and DoD Regulation 5220.22– 

R. 

(b) Sensitive Compartmented 

Information (SCI) Eligibility. 

Investigative and adjudicative 

requirements for SCI eligibility shall be 

executed in accordance with this part 

and ICD 704. Employees filling SCI 

designated positions within the IC must 

maintain eligibility for access to SCI as 

a mandatory condition of employment. 

(c) Adjudication. (1) Personnel 

security criteria and adjudicative 

standards are described in E.O. 12968, 

as amended; parts 154 and 155 of 32 

CFR; ICD 704, and DoD Regulation 

5220.22–R in accordance with 32 CFR 

part 147. 

(2) To ensure consistency and quality 

in determinations of eligibility for 

access to classified information and for 

sensitive positions or duties, 

adjudicators must successfully complete 

the full program of professional training 

provided by the Defense Center for 

Development of Security Excellence (or 

equivalent training) and be certified 

through the DoD Professional 

Certification Program for Adjudicators 

within two years of program 

implementation or, for new hires, 

within two years of eligibility for 

certification testing. 

(d) Appeal Procedures-Denial or 

Revocation of Eligibility. Individuals 

may elect to appeal unfavorable 

personnel security determinations in 

accordance with the procedures set 

forth in E.O. 12968, as amended; parts 

154 and 155 of 32 CFR; ICD 704, and 

DoD Regulation 5220.22–R or as 

otherwise authorized by law. Such 

procedures shall not be diminished but 

may be enhanced to achieve a common 

process to achieve efficiency from 

consolidation of functions. 

(e) Polygraph. Under certain 

conditions, DoD Components are 

authorized to use polygraph 

examinations to facilitate national 

security information access decisions. 

(f) Continuous Evaluation. All 

personnel determined to be eligible or 

who currently have access to classified 

information shall be subject to 

continuous evaluation consistent with 

E.O. 12968, as amended; E.O. 13467; 32 

CFR 154; and the ICD 704. 

(g) Financial Disclosure. DoD 

Component implementation of the 

electronic financial disclosure 

requirement shall be completed by the 

end of calendar year 2012 as described 

in E.O. 12968. 

(h) Reciprocal Acceptance of 

Eligibility Determinations (1) DoD 

reciprocally accepts existing national 

security determinations or clearances 

from other government agencies in 

accordance with E.O. 13467, 5 CFR part 

731, Office of Management Budget 

Memorandums ‘‘Reciprocal Recognition 

of Existing Personnel Security 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

5732 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules 

7Copies available on the Internet at http:// 

www.whitehouse.gov/sites/default/files/omb/assets/ 

omb/memoranda/fy2006/reciprocal121205.pdf. 

8Copies available on the Internet at http:// 

www.whitehouse.gov/sites/default/files/omb/assets/ 

omb/memoranda/fy2006/m06-21.pdf. 

Clearances’’ dated December 12, 2005 7

and July 17, 2006.8

(2) Personnel who have been 

determined eligible for access to 

classified information or a sensitive 

position shall not be subject to 

additional security reviews or 

determinations unless potentially 

disqualifying conditions are present that 

have not been previously adjudicated. 

This does not preclude requirements for 

suitability determinations. 

(3) Reciprocity for SCI eligibility shall 

be executed in accordance with the ICD 

704. 

(i) National Security Agency (NSA)/ 

Central Security Service (CSS). 

Employees, contractors, military 

assignees, and others with similar 

affiliations with the NSA/CSS must 

maintain SCI eligibility for access to 

sensitive cryptologic information in 

accordance with chapter 23 of 50 U.S.C. 

(j) Support of the Operation 

Warfighter Program. PSIs in support of 

wounded warriors may be submitted 

and processed regardless of the time 

remaining in military service. 

Investigations will be accelerated 

through a special program code 

established by the Office of the USD(I) 

to ensure expedited service by the 

investigating and adjudicating agencies. 

(1) Category 2 wounded, ill, or injured 

Uniformed Service personnel who 

expect to be separated with a medical 

disability rating of 30% or greater may 

submit PSIs for Top Secret clearance 

eligibility prior to medical separation 

provided they are serving in or have 

been nominated for a wounded warrior 

internship program. 

(2) The investigations will be funded 

by the DoD sponsoring agency that is 

offering the internship. If the sponsoring 

agency does not have funds available, 

the owning Military Service may choose 

to fund the investigation. 

§ 156.7 Procedures—common access card 

investigation and adjudication. 

(a) A favorably adjudicated National 

Agency Check with Inquiries (NACI) is 

the minimum investigation required for 

the CAC. 

(b) All final adjudicative 

determinations must be made by cleared 

and trained Government personnel. 

Automated adjudicative processes shall 

be used to the maximum extent 

practicable. 

(c) Adjudication decisions of CAC 

investigations shall be incorporated into 

Central Adjudication Facility 

consolidation as directed by the Deputy 

Secretary of Defense. 

(d) CAC applicants or holders may 

appeal CAC denial or revocation. No 

separate administrative appeal process 

is allowed when an individual has been 

denied a CAC as a result of a negative 

suitability determination under 5 CFR 

part 731, an applicable decision to deny 

or revoke a security clearance, or based 

on the results of a determination to 

disqualify the person from an 

appointment in the excepted service or 

from working on a contract for reasons 

other than eligibility for a Federal 

credential as described in the OPM 

Memorandum, ‘‘Final Credentialing 

Standards for Issuing Personal Identity 

Verification Cards under HSPD–12.’’ If a 

later denial or revocation of a CAC 

results from an applicable denial or 

revocation of a security clearance, 

suitability decision or other action for 

which administrative process was 

already provided on grounds that 

support denial or revocation of a CAC, 

no separate appeal for CAC denial or 

revocation is allowed. 

(1) Civilian applicants who have been 

denied a CAC, and for whom an appeal 

is allowed under this paragraph, may 

elect to appeal to a three member board 

containing one security and one human 

resources representative from the 

sponsoring activity. 

(2) Contractor employees who have 

had their CAC revoked, and for whom 

an appeal is allowed under this 

paragraph, may appeal to the Defense 

Office of Hearings and Appeals under 

the established administrative process 

set out in 32 CFR part 155. Decisions 

following appeal are final. 

(e) Reciprocity of CAC 

Determinations. (1) The sponsoring 

activity shall not readjudicate CAC 

determinations for individuals 

transferring from another Federal 

department or agency, provided: 

(i) Possession of a valid PIV or CAC 

can be verified by the individual’s 

former department or agency. 

(ii) The individual has undergone the 

required NACI or other equivalent 

suitability, public trust, or national 

security investigation and received 

favorable adjudication from the former 

agency. 

(2) Reciprocity may be granted as long 

as there is no break in service greater 

than 24 months and the individual has 

no actionable information since the date 

of the last completed investigation. 

(3) Reciprocity shall be based on final 

adjudication only. 

(4) Determinations for CACs issued on 

an interim basis are not eligible to be 

transferred. 

Dated: January 14, 2011. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–2214 Filed 2–1–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0038] 

RIN 1625–AA87 

Security Zones; Cruise Ships, Port of 

San Diego, CA; Correction 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: This document corrects the 

preamble to a proposed rule published 

in the Federal Register of January 27, 

2011 (76 FR 4833), regarding security 

zones for cruise ships in the Port of San 

Diego, California. This correction 

clarifies when a preliminary 

environmental analysis checklist will be 

available in the docket. 

DATES: This correction is effective 

February 2, 2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or e-mail Commander Michael B. 

Dolan, Prevention, Coast Guard Sector 

San Diego, Coast Guard; telephone 619– 

278–7261, e-mail Michael.B.Dolan@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

Correction 

In the notice of proposed rulemaking 

FR Doc. 2011–1804, beginning on page 

4833 in the issue of January 27, 2011, 

make the following correction in the 

SUPPLEMENTARY INFORMATION section. On 

page 4835 in the 2nd column, remove 

the following sentence starting on line 

9: 

‘‘A preliminary environmental 

analysis checklist supporting this 

determination is available in the docket 

where indicated under ADDRESSES.’’ 

And replace it with the following 

sentence: 

‘‘We intend to prepare a preliminary 

environmental analysis checklist and 

make it available in the docket where 

indicated under ADDRESSES.’’ 

mstockstill on DSKH9S0YB1PROD with PROPOSALS