ISOO Implementing Directive Pursuant to Executive Order 13526

[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)] [Rules and Regulations] [Pages 37254-37280] From the Federal Register Online via the Government Printing Office [www.gpo.gov] FR Doc No: 2010-15443

Page 37253

Part V

National Archives and Records Administration

Information Security Oversight Office

32 CFR Parts 2001 and 2003

Classified National Security Information; Final Rule

Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations

Page 37254

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Information Security Oversight Office 32 CFR Parts 2001 and 2003 [FDMS Docket ISOO–10–0001] RIN 3095–AB63 Classified National Security Information

AGENCY: Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA).

ACTION: Implementing directive; final rule.

SUMMARY: The Information Security Oversight Office (ISOO), National Archives and Records Administration (NARA), is publishing this Directive as a final rule and pursuant to Executive Order 13526 (hereafter the Order), relating to classified national security information. The Executive order prescribes a uniform system for classifying, safeguarding, and declassifying national security information. It also establishes a monitoring system to enhance its effectiveness. This Directive sets forth guidance to agencies on original and derivative classification, downgrading, declassification, and safeguarding of classified national security information.

DATES: Effective Date: June 25, 2010.

FOR FURTHER INFORMATION CONTACT: William J. Bosanko, Director, Information Security Oversight Office, at 202–357–5250.

SUPPLEMENTARY INFORMATION: This final rule is issued pursuant to the provisions of 5.1(a) and (b) of Executive Order 13526, issued December 29, 2009, and published January 5, 2010, and amends 32 CFR part 2001 published on September 22, 2003. The purpose of this Directive is to assist in implementing the Order; users of the Directive shall refer concurrently to that Order for guidance. As of November 17, 1995, ISOO became a part of the National Archives. The Archivist of the United States (the Archivist) delegated the implementation and monitoring functions of this program to the Director of ISOO. The drafting, coordination, and issuance of this Directive fulfills one of the responsibilities of the implementation delegated to the Director of ISOO.

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. The interpretive guidance contained in this rule will assist agencies in implementing Executive Order 13526, which was issued on December 29, 2009. NARA has also determined that delaying the effective date for 30 days is unnecessary as this rule updates the existing Directive implementing Executive Order 12958, as amended. Moreover, since Executive Order 13526 becomes effective on June 27, 2010, Federal agencies will benefit immediately by having up-to-date ISOO guidance, and any delay in the effective date would hinder agency procedure and be contrary to the public interest.

Regulatory Impact This rule is not a significant regulatory action for the purposes of Executive Order 12866. This rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. As required by the Regulatory Flexibility Act, we certify that this rule will not have a significant impact on a substantial number of small entities because it applies only to Federal agencies.

List of Subjects in 32 CFR Parts 2001 and 2003 Archives and records, Authority delegations (Government agencies), Classified information, Executive orders, Freedom of Information, Information, Intelligence, National defense, National security information, Presidential documents, Security information, Security measures, Standard Forms.

■ For the reasons set forth in the preamble, the Information Security Oversight Office, NARA, is amending 32 CFR Chapter XX as follows:

■

1.
 * Title 32 of the Code of Federal Regulations, part 2001, is revised to read as follows:

PART 2001—CLASSIFIED NATIONAL SECURITY INFORMATION
PART 2001--CLASSIFIED NATIONAL SECURITY INFORMATION

Subpart A--Scope of Part Sec. 2001.1 Purpose and scope. Subpart B--Classification 2001.10 Classification standards. 2001.11 Original classification authority. 2001.12 Duration of classification. 2001.13 Classification prohibitions and limitations. 2001.14 Classification challenges. 2001.15 Classification guides. 2001.16 Fundamental classification guidance review. Subpart C--Identification and Markings 2001.20 General. 2001.21 Original classification. 2001.22 Derivative classification. 2001.23 Classification marking in the electronic environment. 2001.24 Additional requirements. 2001.25 Declassification markings. 2001.26 Automatic declassification exemption markings. Subpart D--Declassification 2001.30 Automatic declassification. 2001.31 Systematic declassification review. 2001.32 Declassification guides. 2001.33 Mandatory review for declassification. 2001.34 Referrals. 2001.35 Discretionary declassification. 2001.36 Classified information in the custody of private organizations or individuals. 2001.37 Assistance to the Department of State. Subpart E--Safeguarding 2001.40 General. 2001.41 Responsibilities of holders. 2001.42 Standards for security equipment. 2001.43 Storage. 2001.44 Reciprocity of use and inspection of facilities. 2001.45 Information controls. 2001.46 Transmission. 2001.47 Destruction. 2001.48 Loss, possible compromise, or unauthorized disclosure. 2001.49 Special access programs. 2001.50 Telecommunications, automated information systems, and network security. 2001.51 Technical security. 2001.52 Emergency authority. 2001.53 Open storage areas. 2001.54 Foreign government information. 2001.55 Foreign disclosure of classified information. Subpart F--Self-Inspections 2001.60 General. Subpart G--Security Education and Training 2001.70 General. 2001.71 Coverage. Subpart H--Standard Forms 2001.80 Prescribed standard forms. Subpart I--Reporting and Definitions 2001.90 Agency annual reporting requirements. 2001.91 Other agency reporting requirements. 2001.92 Definitions.

Authority: Sections 5.1(a) and (b), E.O. 13526, (75 FR 707, January 5, 2010).

Subpart A—Scope of Part
Sec. 2001.1 Purpose and scope.

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PART 2003--[REMOVED]
■ 2.
 * Under the authority of E.O. 12958, 60 FR 19825, 3 CFR Comp., p. 333 as amended by E.O. 13292, 68 FR 15315, March 28, 2003, remove and reserve 32 CFR part 2003.

Dated: June 22, 2010. William J. Bosanko, Director, Information Security Oversight Office. Approved: June 22, 2010. David S. Ferriero,<BR /> Archivist of the United States.<BR /> [FR Doc. 2010-15443 Filed 6-25-10; 8:45 am]<BR /> BILLING CODE 7515-01-P<BR />

Page URL: http://www.archives.gov/isoo/policy-documents/isoo-implementing-directive.html

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