Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41503 

should contact USDA’s TARGET Center 

at (202)720–2600 (voice and TDD). 

Additional Public Notification 

FSIS will announce this notice online 

through the FSIS Web page located at 

http://www.fsis.usda.gov/federalregister. 

FSIS will also make copies of this 

Federal Register publication available 

through the FSIS Constituent Update 

(CU), which is used to provide 

information regarding FSIS policies, 

procedures, regulations, Federal 

Register notices, FSIS public meetings, 

and other types of information that 

could affect or would be of interest to 

constituents and stakeholders. The CU 

is communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The CU is also available 

on the FSIS Web page. In addition, FSIS 

offers an electronic mail subscription 

service which provides automatic and 

customized access to selected food 

safety news and information. This 

service is available at http://

www.fsis.usda.gov/subscribe. Options 

range from recalls to export information 

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Customers can add or delete 

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accounts. 

Done at Washington, DC on: August 29, 

2017. 

Paul Kiecker, 

Acting Administrator. 

[FR Doc. 2017–18591 Filed 8–31–17; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF ENERGY 

10 CFR Part 1016 

[Docket No. DOE–HQ–2015–0029–0001] 

RIN 1992–AA46 

Safeguarding of Restricted Data by 

Access Permittees 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE or Department) has revised its 

regulations governing the standards for 

safeguarding Restricted Data by access 

permittees. The previous version of this 

regulation was promulgated in 1983. 

Since 1983, changes in organizations, 

terminology, and DOE and national 

policies rendered portions of the 

previous regulation outdated. This 

version updates existing requirements. 

DATES: This rule is effective October 2, 

2017. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Linda Ruhnow, Office of Security Policy 

at (301) 903–2661; Security.Directives@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Section by Section Analysis 

III. Regulatory Review and Procedural 

Requirements 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under Paperwork Reduction Act 

D. Review Under the National 

Environmental Policy Act 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under Executive Order 13211 

I. Review Under the Treasury and General 

Government Appropriations Act of 1999 

J. Congressional Notification 

K. Approval by the Office of the Secretary 

I. Background 

The U.S. Department of Energy may 

issue an access permit to any person, as 

set forth in 10 CFR part 725, who 

requires access to Restricted Data 

applicable to civil uses of atomic energy 

for use in his/her business, trade or 

profession. 10 CFR part 725 specifies 

the terms and conditions under which 

the Department will issue an access 

permit and provides for the amendment, 

renewal, suspension, termination and 

revocation of an access permit. 

The regulations in 10 CFR part 1016 

establish requirements for the 

safeguarding of Secret and Confidential 

Restricted Data received or developed 

under an access permit. This part does 

not apply to Top Secret information 

because no such information may be 

provided to an access permittee within 

the scope of this regulation. The 

regulations in this part apply to all 

persons who may require access to 

Restricted Data used, processed, stored, 

reproduced, transmitted, or handled in 

connection with an access permit. 

The original regulations for the 

safeguarding of Restricted Data were 

Atomic Energy Commission regulations 

that were transferred to the Energy 

Research and Development 

Administration (ERDA) upon its 

formation in 1974 (Energy 

Reorganization Act of 1974; Pub. L. 93– 

438). The regulations were subsequently 

revised to conform to ERDA’s 

organization (41 FR 56775, 41 FR 

56785–56788, Dec. 30, 1976). The 

regulations were updated and 

transferred from 10 CFR part 795 to 10 

CFR part 1016 in Aug. 10, 1983 (48 FR 

36432). DOE has developed this version 

of 10 CFR part 1016 to reflect 

organizational, terminology and policy 

changes that have occurred since the 

regulations were last revised. 

DOE proposed changes to the 

regulations at 10 CFR part 1016 on 

November 16, 2016 (81 FR 80612). No 

comments were received. No changes 

were made to the proposed regulations 

except to modify the definition of an 

‘‘L’’ access authorization in § 1016.3, 

Definitions. 

II. Section by Section Analysis 

With the exception of the definition of 

an ‘‘L’’ access authorization in § 1016.3, 

Definitions, the modifications to 10 CFR 

part 1016 adopted in this final rule are 

described in the Section by Section 

Analysis in section II of DOE’s notice of 

proposed rulemaking published on 

November 16, 2016 (81 FR 80612). In 

§ 1016.3, Definitions, the definition of 

‘‘L’’ access authorization was modified 

from DOE’s proposed changes to update 

the type of background investigation 

required by DOE and national level 

directives. The reference to National 

Agency Checks with Local Agency 

Checks and Credit Check background 

investigation has been replaced with a 

Tier III background investigation. 

III. Rulemaking Requirements 

A. Review Under Executive Order 12866 

This action does not constitute a 

‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ (58 FR 51735). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of a regulatory flexibility analysis for 

any rule that by law must be proposed 

for public comment, unless the agency 

certifies that the rule, if promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities. As required by Executive Order 

13272, ‘‘Proper Consideration of Small 

Entities in Agency Rulemaking’’ (67 FR 

53461, Aug. 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. DOE has made its 

procedures and policies available on the 

Office of the General Counsel’s Web site 

(www.gc.doe.gov). 

DOE has reviewed this rule under the 

Regulatory Flexibility Act and certifies 

that, as adopted, the rule would not 

have a significant impact on a 

substantial number of small entities. 


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41504 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

This action amends an existing rule 

which establishes safeguarding of 

Restricted Data by persons granted an 

Access Permit according to 10 CFR part 

725. The rule would only apply to 

Access Permittees, of which there are 

historically very few (e.g., between zero 

and five), and the changes are 

administrative changes (such as 

renumbering of several parts and 

changing office names to reflect a recent 

reorganization), updates to enable 

consistency with current policies and 

practices, and clarification of 

requirements. 

Because these standards and 

requirements consist of clarifications 

and updates to existing standards and 

requirements, DOE does not expect that 

the impact on any Access Permittees 

would be significant. DOE sought 

comment on its estimate of the number 

of small entities and the expected effects 

of this rule and received no comments. 

For the above reasons, DOE certifies 

that the rule, as adopted, will not have 

a significant economic impact on a 

substantial number of small entities. 

C. Review Under Paperwork Reduction 

Act 

This rule does not contain a collection 

of information subject to OMB approval 

under the Paperwork Reduction Act. 

D. Review Under the National 

Environmental Policy Act 

This rule amends existing policies 

and procedures establishing 

safeguarding of Restricted Data 

standards and requirements for Access 

Permittees and has no significant 

environmental impact. Consequently, 

the Department has determined that this 

rule is covered under Categorical 

Exclusion A–5, of appendix A to 

subpart D, 10 CFR part 1021, which 

applies to a rulemaking that addresses 

amending an existing rule or regulation 

that does not change the environmental 

effect of the rule or regulation being 

amended. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

(64 FR 43255, August 4, 1999), imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to develop a 

formal process to ensure meaningful 

and timely input by State and local 

officials in the development of 

regulatory policies that have 

‘‘federalism implications.’’ Policies that 

have federalism implications are 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ On March 7, 

2011, DOE published a statement of 

policy describing the intergovernmental 

consultation process it will follow in the 

development of such regulations (65 FR 

13735, March 14, 2000). 

DOE has examined this rule and has 

determined that it does not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

F. Review Under Executive Order 12988 

Section 3 of Executive Order 12988, 

(61 FR 4729, February 7, 1996), instructs 

each agency to adhere to certain 

requirements in promulgating new 

regulations. These requirements, set 

forth in section 3(a) and (b), include 

eliminating drafting errors and needless 

ambiguity, drafting the regulations to 

minimize litigation, providing clear and 

certain legal standards for affected legal 

conduct, and promoting simplification 

and burden reduction. Agencies are also 

instructed to make every reasonable 

effort to ensure that the regulation 

describes any administrative proceeding 

to be available prior to judicial review 

and any provisions for the exhaustion of 

administrative remedies. The 

Department has determined that this 

regulatory action meets the 

requirements of section 3(a) and (b) of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) requires 

each Federal agency to assess the effects 

of Federal regulatory action on state, 

local and tribal governments and the 

private sector. For regulatory actions 

likely to result in a rule that may cause 

expenditures by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish estimates of 

the resulting costs, benefits, and other 

effects on the national economy. UMRA 

also requires Federal agencies to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate.’’ In addition, UMRA requires 

an agency plan for giving notice and 

opportunity for timely input to small 

governments that may be affected before 

establishing a requirement that might 

significantly or uniquely affect them. On 

March 18, 1997, DOE published a 

statement of policy on its process for 

intergovernmental consultation under 

UMRA (62 FR 12820, March 18, 1997). 

(This policy is also available at http:// 

www.gc.doe.gov.) This rule contains 

neither an intergovernmental mandate, 

nor a mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

H. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ (66 FR 28355, 

May 22, 2001) requires Federal agencies 

to prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to the 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy; or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternates to the action and their 

expected benefits on energy supply, 

distribution, and use. 

This rule is not a significant energy 

action, nor has it been designated as 

such by the Administrator of OIRA. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

I. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule or policy that may affect 

family well-being. This rule would not 

have any impact on the autonomy or 

integrity of the family as an institution. 

Accordingly, DOE has concluded that it 


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is not necessary to prepare a Family 

Policymaking Assessment. 

J. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule before its effective date. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

K. Approval by the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 1016 

Classified information, Nuclear 

energy, Reporting and recordkeeping 

requirements, Security measures. 

Issued in Washington, DC, on August 15, 

2017. 

Andrew C. Lawrence, 

Acting Associate Under Secretary for 

Environment, Health, Safety and Security. 

For the reasons set out in the 

preamble, DOE amends part 1016 of title 

10 of the Code of Federal Regulations as 

set forth below: 

PART 1016—SAFEGUARDING OF 

RESTRICTED DATA BY ACCESS 

PERMITTEES 

■ 1. The authority citation for part 1016 

continues to read as follows: 

Authority: Sec. 161.i. of the Atomic Energy 

Act of 1954, 68 Stat. 948 (42 U.S.C. 2201). 

■ 2. The part heading for part 1016 is 

revised to read as set forth above. 

■ 3. Section 1016.3 is amended by: 

■ a. Revising paragraph (a). 

■ b. Removing paragraph (c). 

■ c. Redesignating paragraphs (d) and 

(e) as paragraphs (c) and (d), 

respectively. 

■ d. Revising newly designated 

paragraphs (c) and (d). 

■ e. Redesignating paragraphs (f) and (g) 

as paragraphs (e) and (f), respectively. 

■ f. Removing paragraph (h). 

■ g. Redesignating paragraphs (i) 

through (k) as paragraphs (g) through (i), 

respectively. 

■ h. Revising newly designated 

paragraphs (h) and (i). 

■ i. Removing paragraphs (l) and (m). 

■ j. Redesignating paragraphs (n) 

through (z) as paragraphs (j) through (v), 

respectively. 

■ k. Revising newly designated 

paragraphs (k) and (u). 

The revisions read as follows: 

§ 1016.3 Definitions. 

(a) Access authorization. An 

administrative determination by DOE 

that an individual who is either a DOE 

employee, applicant for employment, 

consultant, assignee, other Federal 

department or agency employee (or 

other persons who may be designated by 

the Secretary of Energy), or a DOE 

contractor or subcontractor employee, or 

an access permittee is eligible for access 

to Restricted Data. Access 

authorizations granted by DOE are 

designated as ‘‘Q,’’ ‘‘Q(X),’’ ‘‘L,’’ or 

‘‘L(X).’’ 

(1) ‘‘Q’’ access authorizations are 

based upon single scope background 

investigations as set forth in applicable 

DOE and national-level directives. They 

permit an individual who has ‘‘need to 

know’’ access to Top Secret, Secret and 

Confidential Restricted Data, Formerly 

Restricted Data, National Security 

Information, or special nuclear material 

in Category I or II quantities as required 

in the performance of duties, subject to 

additional determination that permitting 

this access will not endanger the 

common defense or national security of 

the United States. There may be 

additional requirements for access to 

specific types of RD information. 

(2) ‘‘Q(X)’’ access authorizations are 

based upon the same level of 

investigation required for a Q access 

authorization. When ‘‘Q’’ access 

authorizations are granted to access 

permittees they are identified as ‘‘Q(X)’’ 

access authorizations and, as need-toknow applies, authorize access only to 

the type of Secret Restricted Data as 

specified in the permit and consistent 

with appendix A, 10 CFR part 725, 

‘‘Categories of Restricted Data 

Available.’’ 

(3) ‘‘L’’ access authorizations are 

based upon a Tier III (formerly National 

Agency Check with Local Agency 

Checks and Credit Checks (NACLC)/ 

Access National Agency Check with 

Inquiries (ANACI)) background 

investigation as set forth in applicable 

national-level directives. They permit 

an individual who has ‘‘need to know’’ 

access to Confidential Restricted Data, 

Secret and Confidential Formerly 

Restricted Data, or Secret and 

Confidential National Security 

Information, required in the 

performance of duties, provided such 

information is not designated 

‘‘CRYPTO’’ (classified cryptographic 

information), ‘‘COMSEC’’ 

(communications security), or 

intelligence information and subject to 

additional determination that permitting 

this access will not endanger the 

common defense or national security of 

the United States. There may be 

additional requirements for access to 

specific types of RD information. 

(4) ‘‘L(X)’’ access authorizations are 

based upon the same level of 

investigation required for an ‘‘L’’ access 

authorization. When ‘‘L’’ access 

authorizations are granted to access 

permittees, they are identified as ‘‘L(X)’’ 

access authorizations and, as need to 

know applies, authorize access only to 

the type of Confidential Restricted Data 

as specified in the permit and consistent 

with appendix A, 10 CFR part 725, 

‘‘Categories of Restricted Data 

Available.’’ 

* * * * * 

(c) Classified mail address. A mail 

address established for each access 

permittee and approved by the DOE to 

be used when sending Restricted Data to 

the permittee. 

(d) Classified matter. Anything in 

physical form (including, but not 

limited to documents and material) that 

contains or reveals classified 

information. 

* * * * * 

(h) Infraction. An act or omission 

involving failure to comply with DOE 

safeguards and security orders, 

directives, or approvals and may 

include a violation of law. 

(i) Intrusion detection system. A 

security system consisting of sensors 

capable of detecting one or more types 

of phenomena, signal media, 

annunciators, energy sources, alarm 

assessment systems, and alarm reporting 

elements including alarm 

communications and information 

display equipment. 

* * * * * 

(k) National Security Information. 

Information that has been determined 

pursuant to Executive Order 13526, as 

amended ‘‘Classified National Security 

Information’’ or any predecessor order 

to require protection against 

unauthorized disclosure and is marked 

to indicate its classified status when in 

documentary form. 

* * * * * 

(u) Security Plan. A written plan by 

the access permittee, and submitted to 

the DOE for approval, which outlines 

the permittee’s proposed security 

procedures and controls for the 

protection of Restricted Data and which 

includes a floor plan of the area in 

which the classified matter is to be 

used, processed, stored, reproduced, 

transmitted, or handled. 

* * * * * 

■ 4. Section 1016.4 is revised to read as 

follows: 

§ 1016.4 Communications. 

Communications concerning 

rulemaking, i.e., petition to change this 

part, should be addressed to the 

Associate Under Secretary, Office of 

Environment, Health, Safety and 


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41506 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

Security, AU–1/Forrestal Building, 

Office of Environment, Health, Safety 

and Security, U.S. Department of 

Energy, 1000 Independence Avenue 

SW., Washington, DC 20585. All other 

communications concerning the 

regulations in this part should be 

addressed to the cognizant DOE or 

National Nuclear Security 

Administration (NNSA) office. 

■ 5. Section 1016.5 is revised to read as 

follows: 

§ 1016.5 Submission of procedures by 

access permit holder. 

No access permit holder shall have 

access to Restricted Data until he has 

submitted to the DOE a written 

statement of his procedures for the 

safeguarding of Restricted Data and for 

the security education of his employees, 

and DOE shall have determined and 

informed the permittee that his 

procedures for the safeguarding of 

Restricted Data are in compliance with 

the regulations in this part and that his 

procedures for the security education of 

his employees, who will have access to 

Restricted Data, are informed about and 

understand the regulations in this part. 

These procedures must ensure that 

employees with access to Restricted 

Data are informed about and understand 

who is authorized or required to classify 

and declassify RD and FRD information 

and classified matter as well as how 

documents containing RD or FRD are 

marked (see 10 CFR part 1045) and 

safeguarded. 

■ 6. The heading for § 1016.8 is revised 

to read as follows: 

§ 1016.8 Request for security facility 

approval. 

* * * * * 

■ 7. Section 1016.9 is revised to read as 

follows: 

§ 1016.9 Processing security facility 

approval. 

Following receipt of an acceptable 

request for security facility approval, the 

DOE will perform an initial security 

survey of the permittee’s facility to 

determine that granting a security 

facility approval would be consistent 

with the national security. If DOE makes 

such a determination, security facility 

approval will be granted. If not, security 

facility approval will be withheld 

pending compliance with the security 

survey recommendations or until a 

waiver is granted pursuant to § 1016.6. 

■ 8. Section 1016.10 is revised to read 

as follows: 

§ 1016.10 Granting, denial, or suspension 

of security facility approval. 

Notification of the DOE’s granting, 

denial, or suspension of security facility 

approval will be furnished the permittee 

in writing, or orally with written 

confirmation. This information may also 

be furnished to representatives of the 

DOE, DOE contractors, or other Federal 

agencies having a need to transmit 

Restricted Data to the permittee. 

■ 9. Section 1016.11 is revised to read 

as follows: 

§ 1016.11 Cancellation of requests for 

security facility approval. 

When a request for security facility 

approval is to be withdrawn or 

cancelled, the cognizant DOE Office will 

be notified by the requester immediately 

by telephone and confirmed in writing 

so that processing of this approval may 

be terminated. 

■ 10. Section 1016.12 is revised to read 

as follows: 

§ 1016.12 Termination of security facility 

approval. 

(a) Security facility approval will be 

terminated when: 

(1) There is no longer a need to use, 

process, store, reproduce, transmit, or 

handle Restricted Data at the facility; or 

(2) The DOE makes a determination 

that continued security facility approval 

is not in the interest of common defense 

and security. 

(b) The permittee will be notified in 

writing of a determination to terminate 

facility approval, and the procedures 

outlined in § 1016.27 will apply. 

§ § 1016.21 through 1016.23 [Redesignated 

as §§ 1016.13 through 1016.15 and 

Amended] 

■ 11. Sections 1016.21 through 1016.23 

are redesignated as §§ 1016.13 through 

1016.15 and newly redesignated 

§§ 1016.13 through 1016.15 are revised 

to read as follows: 

§ 1016.13 Protection of Restricted Data in 

storage. 

(a) Persons who possess Restricted 

Data pursuant to an Access Permit shall 

store the Restricted Data classified 

matter when not in use in a locked 

storage container or DOE-approved 

vault to which only persons with 

appropriate access authorization and a 

need to know the information contained 

have access. Storage containers used for 

storing classified matter must conform 

to U.S. General Services Administration 

(GSA) standards and specifications. 

(b) Each permittee shall change the 

combination on locks of his safekeeping 

equipment whenever such equipment is 

placed in use, whenever an individual 

knowing the combination no longer 

requires access to the repository as a 

result of change in duties or position in 

the permittee’s organization, or 

termination of employment with the 

permittee or whenever the combination 

has been subjected to compromise, and 

in any event at least once a year. 

Permittees shall classify records of 

combinations no lower than the highest 

classification of the classified matter 

authorized for storage in the safekeeping 

equipment concerned. 

§ 1016.14 Protection of Restricted Data 

while in use. 

While in use, classified matter 

containing Restricted Data shall be 

under the direct control of a person with 

the appropriate access authorization and 

need to know. Unauthorized access to 

the Restricted Data shall be precluded. 

§ 1016.15 Establishment of security areas. 

(a) When, because of their nature or 

size, it is impracticable to safeguard 

classified matter containing Restricted 

Data in accordance with the provisions 

of §§ 1016.13 and 1016.14, a security 

area to protect such classified matter 

shall be established. 

(b) The following controls shall apply 

to security areas: 

(1) Security areas shall be separated 

from adjacent areas by a physical barrier 

designed to prevent entrance into such 

areas, and access to the Restricted Data 

within the areas, by unauthorized 

individuals. 

(2) During working hours, admittance 

shall be controlled by an appropriately 

cleared individual posted at each 

unlocked entrance. 

(3) During nonworking hours, 

admittance shall be controlled by 

protective personnel on patrol, with 

protective personnel posted at unlocked 

entrances, or by such intrusion 

detection system as DOE approves. 

(4) Each individual authorized to 

enter a security area shall be issued a 

distinctive badge or pass when the 

number of employees assigned to the 

area exceeds thirty. 

§ 1016.24 [Redesignated as § 1016.16] 

■ 12. Section 1016.24 is redesignated as 

§ 1016.16. 

§ 1016.25 [Redesignated as § 1016.17 and 

Amended] 

■ 13. Section 1016.25 is redesignated as 

§ 1016.17 and newly redesignated 

§ 1016.17 is revised to read as follows: 

§ 1016.17 Protective personnel. 

Whenever armed protective personnel 

are required in accordance with 

§ 1016.15, such protective personnel 

shall: 


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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41507 

(a) Possess a ‘‘Q’’ or ‘‘L’’ access 

authorization or ‘‘Q(X)’’ or ‘‘L(X)’’ 

access authorization if the Restricted 

Data being protected is classified 

Confidential, or a ‘‘Q’’ access 

authorization or ‘‘Q(X)’’ access 

authorization if the Restricted Data 

being protected is classified Secret. 

(b) Be armed with sidearms of 9mm 

or greater. 

§ § 1016.31 through 1016.34 [Redesignated 

as §§ 1016.18 through 1016.21 and 

Amended] 

■ 14. Sections 1016.31 through 1016.34 

are redesignated as §§ 1016.18 through 

1016.21 and newly redesignated 

§§ 1016.18 through 1016.21 are revised 

to read as follows: 

§ 1016.18 Access to Restricted Data. 

(a) Except as DOE may authorize, no 

person subject to the regulations in this 

part shall permit any individual to have 

access to Restricted Data in his 

possession unless the individual has an 

appropriate access authorization granted 

by DOE, or has been certified by DOD 

or NASA through DOE; and 

(1) The individual is authorized by an 

Access Permit to receive Restricted Data 

in the categories involved and the 

permittee determines that such access is 

required in the course of his duties; or 

(2) The individual needs such access 

in connection with such duties as a DOE 

employee or DOE contractor employee, 

or as certified by DOD or NASA. 

(b) Inquiries concerning the access 

authorization status of individuals, the 

scope of Access Permits, or the nature 

of contracts should be addressed to the 

cognizant DOE or NNSA office. 

§ 1016.19 Review, classification and 

marking of classified information. 

(a) Classification. Restricted Data 

generated or possessed by an Access 

Permit holder must be appropriately 

classified and marked in accordance 

with 10 CFR part 1045. CG–DAR–2, 

‘‘Guide to the Declassified Areas of 

Nuclear Energy Research U 08/98,’’ will 

be furnished each permittee. In the 

event a permittee originates classified 

information which falls within the 

definition of Restricted Data or 

information for which the permittee is 

not positive that the information is 

outside of that definition and CG–DAR– 

2 does not provide positive 

classification guidance for such 

information, the permittee shall 

designate the information as 

Confidential, Restricted Data and 

request classification guidance from the 

DOE through the Classification Officer 

at the cognizant DOE or NNSA office. If 

the DOE Classification Officer does not 

have authority to provide the guidance, 

he will refer the request to the Director, 

Office of Classification, AU–60/ 

Germantown Building, Office of 

Environment, Health, Safety and 

Security, U.S. Department of Energy, 

1000 Independence Avenue SW., 

Washington, DC 20585–1290. 

(b) Challenges. If a person receives a 

document or other classified matter 

which, in his opinion, is not properly 

classified, or omits the appropriate 

classification markings, he is 

encouraged to challenge the 

classification and there shall be no 

retribution for submitting a challenge. 

Challenges shall be submitted in 

accordance with 10 CFR part 1045. 

(c) Classification markings. Restricted 

Data generated or possessed by an 

individual approved for access must be 

appropriately identified and marked in 

accordance with 10 CFR part 1045, 

Nuclear Classification and 

Declassification. Questions and requests 

for additional direction or guidance 

regarding the marking of classified 

matter may be submitted to the Director, 

Office of Classification, AU–60/ 

Germantown Building, Office of 

Environment, Health, Safety and 

Security, U.S. Department of Energy, 

1000 Independence Avenue SW., 

Washington, DC 20585–1290. 

§ 1016.20 External transmission of 

Restricted Data. 

(a) Restrictions. (1) Restricted Data 

shall be transmitted only to persons 

who possess appropriate access 

authorization, need to know, and are 

otherwise eligible for access under the 

requirements of § 1016.18. 

(2) In addition, such classified matter 

containing Restricted Data shall be 

transmitted only to persons who possess 

approved facilities for their physical 

security consistent with this part. Any 

person subject to the regulations in this 

part who transmits such Restricted Data 

containing Restricted Data shall be 

deemed to have fulfilled his obligations 

under this paragraph (a)(2) by securing 

a written certification from the 

prospective recipient that such recipient 

possesses facilities for its physical 

security consistent with this part. 

(3) Restricted Data shall not be 

exported from the United States without 

prior authorization from DOE. 

(b) Preparation of documents. 

Documents containing Restricted Data 

shall be prepared for transmission 

outside an individual installation in 

accordance with the following: 

(1) They shall be enclosed in two 

sealed, opaque envelopes or wrappers. 

(2) The inner envelope or wrapper 

shall be addressed in the ordinary 

manner and sealed with tape, the 

appropriate classification shall be 

marked on both sides of the envelope, 

and any additional marking required by 

10 CFR part 1045 shall be applied. 

(3) The outer envelope or wrapper 

shall be addressed in the ordinary 

manner. No classification, additional 

marking, or other notation shall be 

affixed which indicates that the 

document enclosed therein contains 

classified information or Restricted 

Data. 

(4) A receipt which identifies the 

document, the date of transfer, the 

recipient, and the person transferring 

the document shall accompany the 

document and shall be signed by the 

recipient and returned to the sender 

whenever the custody of a document 

containing Secret Restricted Data is 

transferred. 

(c) Preparation of other classified 

matter. Classified matter, other than 

documents, containing Restricted Data 

shall be prepared for shipment outside 

an individual installation in accordance 

with the following: 

(1) The classified matter shall be so 

packaged that the classified 

characteristics will not be revealed. 

(2) A receipt which identifies the 

classified matter, the date of shipment, 

the recipient, and the person 

transferring the classified matter shall 

accompany the classified matter, and 

the recipient shall sign such receipt 

whenever the custody of classified 

matter containing Secret Restricted Data 

is transferred. 

(d) Methods of transportation. (1) 

Secret classified matter shall be 

transported only by one of the following 

methods: 

(i) By messenger-courier system 

specifically created for that purpose and 

approved for use by DOE. 

(ii) Registered mail. 

(iii) By protective services provided 

by United States air or surface 

commercial carriers under such 

conditions as may be preserved by the 

DOE. 

(iv) Individuals possessing 

appropriate DOE access authorization 

who have been given written authority 

by their employers. 

(2) Confidential classified matter may 

be transported by one of the methods set 

forth in paragraph (d)(1) of this section 

or by U.S. first class, express, or 

certified mail. 

(e) Telecommunication of classified 

information. There shall be no 

telecommunication of Restricted Data 

unless the secure telecommunication 

system has been approved by the DOE. 


sradovich on DSK3GMQ082PROD with RULES
41508 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

§ 1016.21 Accountability for Secret 

Restricted Data. 

Each permittee possessing classified 

matter (including classified matter in 

electronic format) containing Secret 

Restricted Data shall establish 

accountability procedures and shall 

maintain logs to document access to and 

record comprehensive disposition 

information for all such classified 

matter that has been in his custody at 

any time. 

§ 1016.35 [Redesignated as § 1016.22] 

■ 15. Section 1016.35 is redesignated as 

§ 1016.22. 

§ § 1016.36 and 1016.37 [Redesignated as 

§§ 1016.23 and 1016.24 and Amended] 

■ 16. Sections 1016.36 and 1016.37 are 

redesignated as §§ 1016.23 and 1016.24 

and newly redesignated §§ 1016.23 and 

1016.24 are revised to read as follows: 

§ 1016.23 Changes in classification. 

Classified matter containing 

Restricted Data shall not be downgraded 

or declassified except as authorized by 

DOE and in accordance with 10 CFR 

part 1045. 

§ 1016.24 Destruction of classified matter 

containing Restricted Data. 

Documents containing Restricted Data 

may be destroyed by burning, pulping, 

or another method that assures complete 

destruction of the information which 

they contain. Restricted Data contained 

in classified matter, other than 

documents, may be destroyed only by a 

method that assures complete 

obliteration, removal, or destruction of 

the Restricted Data. 

■ 17. Add § 1016.25 to read as follows: 

§ 1016.25 Storage, use, processing, 

transmission and destruction of classified 

information on computers, computer 

networks, electronic devices/media and 

mobile devices. 

Storage, use, processing, and 

transmission of Restricted Data on 

computers, computer networks, 

electronic devices/media and mobile 

devices must be approved by DOE. 

DOE-approved methods must be used 

when destroying classified information 

that is in electronic format. 

§ 1016.38 [Redesignated as § 1016.26] 

■ 18. Section 1016.38 is redesignated as 

§ 1016.26. 

§ 1016.39 [Redesignated as § 1016.27 and 

Amended] 

■ 19. Section 1016.39 is redesignated as 

§ 1016.27 and newly redesignated 

§ 1016.27 is revised to read as follows: 

§ 1016.27 Termination, suspension, or 

revocation of security facility approval. 

(a) In accordance with § 1016.12, if 

the need to use, process, store, 

reproduce, transmit, or handle classified 

matter no longer exists, the security 

facility approval will be terminated. The 

permittee may deliver all Restricted 

Data to the DOE or to a person 

authorized to receive them; or the 

permittee may destroy all such 

Restricted Data. In either case, the 

facility must submit a certification of 

non-possession of Restricted Data to the 

DOE. 

(b) In any instance where security 

facility approval has been suspended or 

revoked based on a determination of the 

DOE that further possession of classified 

matter by the permittee would endanger 

the common defense and national 

security, the permittee shall, upon 

notice from the DOE, immediately 

deliver all Restricted Data to the DOE 

along with a certificate of nonpossession of Restricted Data. 

§ § 1016.40 through 1016.42 [Redesignated 

as §§ 1016.28 through 1016.30] 

■ 20. §§ 1016.40 through 1016.42 are 

redesignated as §§ 1016.28 through 

1016.30. 

§ 1016.43 [Redesignated as § 1016.31 and 

Amended] 

■ 21. Section 1016.43 is redesignated as 

§ 1016.31 and newly redesignated 

§ 1016.31 is revised to read as follows: 

§ 1016.31 Inspections. 

The DOE shall make such inspections 

and surveys of the premises, activities, 

records, and procedures of any person 

subject to the regulations in this part as 

DOE deems necessary to effectuate the 

purposes of the Act, Executive Order 

13526, and DOE orders and procedures. 

§ 1016.44 [Redesignated as § 1016.32] 

■ 22. Section 1016.44 is redesignated as 

§ 1016.32. 

[FR Doc. 2017–18043 Filed 8–31–17; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0164; Product 

Identifier 2017–NE–06–AD; Amendment 39– 

19008; AD 2017–17–18] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

General Electric Company (GE) CF34–8 

model turbofan engines. This AD was 

prompted by analysis that resulted in 

the reduction of the life of the affected 

fan blades. This AD requires inspections 

of the affected fan blades until their 

removal. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective October 6, 

2017. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 6, 2017. 

ADDRESSES: For service information 

identified in this final rule, contact 

General Electric Company, GE— 

Aviation, Room 285, 1 Neumann Way, 

Cincinnati, OH 45215, phone: 513–552– 

3272; fax: 513–552–3329; email: 

geae.aoc@ge.com. You may view this 

service information at the FAA, Engine 

and Propeller Standards Branch, Policy 

and Innovation Division, 1200 District 

Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

It is also available on the internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2017– 

0164. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0164; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this final rule, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 


sradovich on DSK3GMQ082PROD with RULES