59034 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 

(3) Manager/Senior Professional— 

$72.00 per hour (or fraction thereof). 

(g) Document review. (1) Professional/ 

Supervisory—$40.00 per hour (or 

fraction thereof). 

(2) Manager/Senior Professional— 

$72.00 per hour (or fraction thereof). 

(3) CIA will not charge review fees for 

time spent resolving general legal or 

policy issues regarding the responsive 

information. 

§ 1908.22 [Removed and Reserved] 

■ 9. Remove and reserve § 1908.22. 

■ 10. In § 1908.23, revise paragraph (b) 

to read as follows: 

§ 1908.23 Determination by originator or 

interested party. 

* * * * * 

(b) Required determinations: These 

parties shall respond in writing to the 

Coordinator with a finding as to the 

classified status of the information, 

including the category of protected 

information as set forth in section 1.4 of 

the Order, and, if older than ten years, 

the basis for the extension of 

classification time under sections 1.5 

and 3.3 of the Order. These parties shall 

also indicate whether withholding is 

otherwise authorized and warranted in 

accordance with sections 3.5(c) and 

6.2(d) of the Order. 

* * * * * 

§ 1908.24 [Removed and Reserved] 

■ 11. Remove and reserve § 1908.24. 

■ 12. Revise § 1908.33 to read as 

follows: 

§ 1908.33 Designation of authority to hear 

appeals. 

(a) Appeals: Appeals of initial denial 

decisions under the Mandatory 

Declassification Request provisions of 

Executive Order 13526 shall be 

reviewed by the Agency Release Panel, 

which shall issue the final Agency 

decision. 

(b) Membership: The Agency Release 

Panel (ARP) is chaired by the Chief, 

Information Review and Release Group 

and composed of the Information 

Review Officers from the various 

Directorates and the Director, Central 

Intelligence Agency area, as well as the 

representatives of the various release 

programs and offices. The Information 

and Privacy Coordinator also serves as 

Executive Secretary of the ARP. 

(c) Decisions: The ARP shall meet on 

a regular schedule and may take action 

when a simple majority of the total 

membership is present. Issues shall be 

decided by a majority of the members 

present. Any member of the ARP 

disagreeing with the results of a vote 

may appeal the decision in writing to 

the Director, Information Management 

Services (D/IMS). The appeal shall set 

forth clearly and concisely the reasons 

D/IMS should reverse the ARP’s 

decision. Upon receiving the written 

appeal, D/IMS shall have ten business 

days to affirm or reverse, in writing the 

APR’s decision and shall so notify the 

appellant. In the event of a disagreement 

with any declassification and release 

decision by D/IMS, Directorate heads 

may appeal to the Associate Deputy 

Director of CIA (ADD) for resolution. 

The final Agency decision shall reflect 

the vote of the ARP, unless changed by 

the D/IMS or the ADD. 

§ 1908.35 [Removed and Reserved] 

■ 13. Remove and reserve § 1908.35. 

■ 14. Revise § 1908.36 to read as 

follows: 

§ 1908.36 Notification of decision and right 

of further appeal. 

The Executive Secretary of the 

Agency Release Panel shall promptly 

prepare and communicate the final 

Agency decision to the requester, 

NARA, or the particular Presidential 

Library. That correspondence shall 

include a notice, if applicable, that an 

appeal of the decision may be made to 

the Interagency Security Classification 

Appeals Panel (ISCAP) established 

pursuant to section 5.3 of the Order. 

■ 15. Revise § 1908.41 to read as 

follows: 

§ 1908.41 Right of Further Appeal. 

A right of further appeal may be 

available to the Interagency Security 

Classification Appeals Panel established 

pursuant to section 5.3 of the Order. 

Action by that Panel will be the subject 

of rules to be promulgated by the 

Information Security Oversight Office. 

Dated: August 10, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–21572 Filed 9–22–11; 8:45 am] 

BILLING CODE 6310–02–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1909 

Access by Historical Researchers and 

Certain Former Government Personnel 

AGENCY: Central Intelligence Agency. 

ACTION: Final rule. 

SUMMARY: Consistent with Executive 

Order 13526, the Central Intelligence 

Agency (CIA) has undertaken and 

completed a review of its public 

regulations on access by historical 

researchers and certain former 

government personnel. As a result of 

this review, the Agency has revised its 

access regulations to more clearly reflect 

the current CIA organizational structure 

and policies and practices, and to 

eliminate ambiguous, redundant and 

obsolete regulatory provisions. This rule 

is being issued as a final rule without 

prior notice of proposed rulemaking as 

allowed by the Administrative 

Procedure Act for rules of agency 

procedure and interpretation. 

DATES: Effective September 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joseph W. Lambert, (703) 613–1379. 

SUPPLEMENTARY INFORMATION: Consistent 

with Executive Order 13526, the CIA 

has undertaken and completed a review 

of its public regulations on access by 

historical researchers and certain former 

government personnel. As a result of 

this review, the Agency has revised its 

access regulations to more clearly reflect 

the current CIA organizational structure 

and policies and practices, and to 

eliminate ambiguous, redundant and 

obsolete regulatory provisions. This rule 

is being issued as a final rule without 

prior notice of proposed rulemaking as 

allowed by the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(A) for 

rules of agency procedure and 

interpretation. 

List of Subjects in 32 CFR Part 1909 

Access by historical researchers and 

certain former government personnel, 

Classified information. 

Accordingly, the CIA is amending 32 

CFR part 1909 as follows: 

PART 1909—ACCESS BY HISTORICAL 

RESEARCHERS AND CERTAIN 

FORMER GOVERNMENT PERSONNEL 

PURSUANT TO SEC. 4.4 OF 

EXECUTIVE ORDER 13526 

■ 1. The authority citation for part 1909 

is revised to read as follows: 

Authority: Executive Order 13526, 75 FR 

707, 3 CFR 2010 Comp., p. 298–327 (or 

successor Orders). 

■ 2. Revise the part heading to read as 

set forth above. 

■ 3. Revise § 1909.01 to read as follows: 

§ 1909.01 Authority and purpose. 

(a) Authority. This part is issued 

under the authority of and in order to 

implement section 4.4 of E.O. 13526 (or 

successor Orders); the CIA Information 

Act of 1984, as amended (50 U.S.C. 

431); section 102 of the National 

Security Act of 1947, as amended (50 

U.S.C. 403); and section 6 of the Central 

Intelligence Agency Act of 1949, as 

amended (50 U.S.C. 403g). 


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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 59035 

(b) Purpose. This part prescribes 

procedures for: 

(1) Requesting access to CIA records 

for purposes of historical research, or 

(2) Requesting access to CIA records 

as a former Presidential or Vice 

Presidential appointee or designee. 

■ 4. In § 1909.02, revise paragraphs (e), 

(g), (h), (i), (j), (k), (l), (m), (n), and add 

paragraphs (o) and (p) to read as 

follows: 

§ 1909.02 Definitions. 

* * * * * 

(e) Coordinator means the CIA 

Information and Privacy Coordinator 

who serves as the Agency manager of 

the historical access program 

established pursuant to section 4.4 of 

the Order. 

* * * * * 

(g) Director of Security means the 

Agency official responsible for making 

all security and access approvals and for 

affecting the necessary secrecy, nondisclosure, and/or pre-publication 

agreements as may be required. 

(h) Director, Information Management 

Services means the Senior Agency 

Official as defined in Section 6.1(mm) of 

the Order. 

(i) Federal agency means any 

executive department, military 

department, or other establishment or 

entity included in the definition of 

agency in 5 U.S.C. 552(f). 

(j) Former Presidential or Vice 

Presidential appointee or designee 

means any person who has previously 

occupied a senior policy-making 

position in the executive branch of the 

United States Government to which 

they were appointed by the current or 

a former President or Vice President. 

(k) Historical researcher means any 

individual with professional training in 

the academic field of history (or related 

fields such as journalism) engaged in a 

research project leading to publication 

(or any similar activity such as 

academic course development) 

reasonably intended to increase the 

understanding of the American public 

into the operations and activities of the 

United States government. The term 

includes anyone serving as a research 

associate of a former Presidential or 

Vice Presidential appointee or designee. 

(l) Information means any knowledge 

that can be communicated or 

documentary material, regardless of its 

physical form that is owned by, 

produced by or for, or is under the 

control of the United States 

Government. 

(m) Interested party means any 

official in the executive, military, 

congressional, or judicial branches of 

government, United States or foreign, or 

U.S. Government contractor who, in the 

sole discretion of the CIA, has a subject 

matter or physical interest in the 

documents or information at issue. 

(n) Originator means the CIA officer 

who originated the information at issue, 

or successor in office, or a CIA officer 

who has been delegated classification 

authority for the information at issue in 

accordance with the provisions of the 

Order. 

(o) Agency Release Panel (ARP) refers 

to the Agency’s forum for reviewing 

information review and release policy, 

the adequacy of resources available to 

all Agency declassification and release 

programs, and hearing requests in 

accordance with this section. 

(p) The Order means Executive Order 

13526 of December 29, 2009 and 

published at 75 FR 707 (or successor 

Orders). 

■ 5. Revise § 1909.04 to read as follows: 

§ 1909.04 Suggestions and complaints. 

The Agency welcomes suggestions, 

comments, or complaints with regard to 

its administration of the historical 

access program established pursuant to 

Executive Order 13526. Members of the 

public shall address all such 

communications to the CIA Information 

and Privacy Coordinator. The Agency 

will respond as determined feasible and 

appropriate under the circumstances. 

■ 6. In § 1909.11, revise paragraphs 

(a)(2) and (b) to read as follows: 

§ 1909.11 Requirements as to who may 

apply. 

(a) * * * 

(2) Additional considerations. In light 

of the very limited Agency resources, it 

is the policy of the Agency to consider 

applications for historical research 

privileges only in those instances where 

the researcher’s needs cannot be 

satisfied through requests for access to 

reasonably described records under the 

Freedom of Information Act or the 

mandatory declassification review 

provisions of Executive Order 13526, 

and where issues of internal resource 

availability and fairness to all members 

of the historical research community 

militate in favor of a particular grant. 

(b) Former Presidential and Vice 

Presidential appointees or designees. 

Any former Presidential or Vice 

Presidential appointee or designee as 

defined herein may also submit a 

request to be given access to any items 

which they originated, reviewed, 

signed, or received while serving in that 

capacity. Such appointees may also 

request approval for a research associate 

but there is no entitlement to such 

enlargement of access and the decision 

in this regard shall be in the sole 

discretion of the Agency. Requests from 

appointees shall be in writing to the 

Coordinator and shall identify the 

records of interest. 

■ 7. Revise § 1909.12 to read as follows: 

§ 1909.12 Designation of authority to grant 

requests. 

(a) The Agency Release Panel (ARP) is 

designated to hear requests and shall 

issue the final Agency decision granting 

requests for access by historical 

researchers and access by former 

Presidential and Vice Presidential 

appointees and designees under 

Executive Order 13526 (or successor 

Orders) and these regulations. 

(b) ARP Membership. The ARP is 

chaired by the Chief, Information 

Review and Release Group, Information 

Management Services, and composed of 

the Information Review Officers from 

the various Directorates and the D/CIA 

areas, as well as the representatives of 

the various release programs and offices. 

The Information and Privacy 

Coordinator also serves as Executive 

Secretary of the ARP. 

■ 8. Revise § 1909.14, revise the section 

heading and paragraph (a) to read as 

follows: 

§ 1909.14. Determinations on requests for 

access by Historical Researchers. 

Required determinations. The Agency 

shall make the following determinations 

in writing: 

(a) That a serious professional or 

scholarly research project by the 

requester is contemplated; 

(b) That such access is clearly 

consistent with the interests of national 

security; 

(c) That a non-disclosure agreement 

has been or will be executed by the 

requester (and research associate, if any) 

and other appropriate steps are taken to 

assure that classified information will 

not be disclosed or otherwise 

compromised; 

(d) That a pre-publication agreement 

has been or will be executed by the 

requester (and research associate, if any) 

which provides for a review of notes 

and any resulting manuscript; 

(e) That the information requested be 

reasonably accessible and can be located 

and compiled with a reasonable effort; 

(f) That it is reasonably expected that 

substantial and substantive government 

documents and/or information will be 

amenable to declassification and release 

and/or publication; 

(g) That sufficient resources are 

available for the administrative support 

of the historical researcher given current 

requirements; and 


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59036 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 

(h) That the request cannot be 

satisfied to the same extent through 

requests for access to reasonably 

described records under the Freedom of 

Information Act or the mandatory 

declassification review provisions of 

Executive Order 13526. 

§ 1909.15 [Removed] 

■ 9. Remove § 1909.15. 

§ 1909.16 [Amended] 

■ 10. Revise § 1909.16 to read as 

follows: 

§ 1909.16 Action by Agency Release Panel 

(ARP). 

The ARP shall meet on a regular 

schedule and may take action when a 

simple majority of the total membership 

is present. Issues shall be decided by a 

majority of the members present. In all 

cases of a divided vote, before the 

decision of the ARP becomes final, any 

member of the ARP may by written 

memorandum to the Executive Secretary 

of the ARP, refer such matters to the 

Director, Information Management 

Services (D/IMS) for decision. In the 

event of a disagreement with any 

decision by D/IMS, Directorate heads 

may appeal to the Associate Deputy 

Director, CIA (ADD) for resolution. The 

final Agency decision shall reflect the 

vote of the ARP, unless changed by the 

D/IMS or the ADD. 

■ 11. Revise § 1909.17 as follows: 

§ 1909.17 Notification of decision. 

The Executive Secretary shall inform 

the requester of the final Agency 

decision and, if favorable, shall manage 

the access for such period as deemed 

required but in no event for more than 

two years unless renewed by the Panel 

or Board in accordance with the 

requirements of this Part. 

■ 12. Revise § 1909.18 to read as 

follows: 

§ 1909.18 Termination of access. 

The Coordinator shall cancel any 

authorization and deny any further 

access whenever the Director of Security 

cancels the security clearance of a 

requester (or research associate, if any); 

or whenever the Agency Release Panel 

determines that continued access would 

no longer be consistent with the 

requirements of this Part; or at the 

conclusion of the authorized period of 

up to two years. 

Dated: August 10, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–21576 Filed 9–22–11; 8:45 am] 

BILLING CODE 6310–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0788] 

Drawbridge Operation Regulations; 

Hutchinson River, Bronx, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Amtrak Pelham Bay 

Railroad Bridge at mile 0.5, across the 

Hutchinson River at the Bronx, New 

York. The deviation is necessary to 

facilitate scheduled maintenance at the 

bridge. This deviation allows the bridge 

to remain in the closed position for two 

days followed by a two hour advance 

notice requirement for 20 days. 

DATES: This deviation is effective from 

September 6, 2011 through September 

29, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in 

the docket are part of docket USCG– 

2011–0788 and are available online at 

http://www.regulations.gov, inserting 

USCG–2011–0788 in the ‘‘Keyword’’ 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District, 

judy.k.leung-yee@uscg.mil, or telephone 

(212) 668–7165. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Amtrak Pelham Bay Railroad Bridge, 

across the Hutchinson River at mile 0.5, 

at the Bronx, New York, has a vertical 

clearance in the closed position of 8 feet 

at mean high water and 15 feet at mean 

low water. The drawbridge operation 

regulations are listed at 33 CFR 117.793. 

The waterway users are mostly 

commercial operators. 

The owner of the bridge, National 

Railroad Passenger Company (Amtrak), 

requested a temporary deviation from 

the regulations to facilitate scheduled 

maintenance, replace track ties, at 

bridge. 

Under this temporary deviation the 

Amtrak Pelham Bay Railroad Bridge 

may remain in the closed position 

between September 6, 2011 and 

September 8, 2011, and from September 

9, 2011 through September 29, 2011, a 

two hour advance notice shall be 

required for bridge openings. Vessels 

that can pass under the bridge in the 

closed position may do so at any time. 

The commercial users were notified. 

No objections were received. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: September 6, 2011. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2011–24417 Filed 9–22–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Subtitle B, Chapter II 

[Docket ID ED–2011–OS–0010] 

RIN 1894–AA03 

State Fiscal Stabilization Fund 

Program 

AGENCY: Department of Education. 

ACTION: Interim final requirement; 

request for comments. 

SUMMARY: On November 12, 2009, the 

Secretary of Education (Secretary) 

published in the Federal Register a 

notice of final requirements, definitions, 

and approval criteria for the State Fiscal 

Stabilization Fund (SFSF) program 

(November 2009 Notice). In that notice, 

the Secretary established September 30, 

2011 as the deadline by which States 

had to collect and publicly report data 

and other information on various SFSF 

indicators and descriptors. Since 

publication of the November 2009 

notice, States have faced many 

challenges and competing priorities in 

trying to meet the requirements of some 

of the SFSF indicators by the September 

30, 2011 deadline. As a result, a number 

of States will be unable to comply fully 

with the SFSF requirements by the 

September 30, 2011 deadline. 

Accordingly, in this interim final 

requirement, the Secretary extends that 

deadline to January 31, 2012. 

DATES: This interim final requirement is 

effective September 23, 2011. We must 


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