[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Rules and Regulations]
[Pages 43506-43511]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 223
[Docket ID: DOD-2010-OS-0108]
RIN 0790-AI64
DoD Unclassified Controlled Nuclear Information (UCNI)
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: This rule updates policies and responsibilities for
controlling Department of Defense (DoD) Unclassified Controlled Nuclear
Information (UCNI) in accordance with the provisions of current U.S.
Code. This revision streamlines and reflects current practices within
the Department of Defense. This rule may be altered, in accordance with
applicable statutory and regulatory requirements, as necessary to align
with any future direction given in response to on-going efforts
currently being led by the National Archives and Records Administration
in the implementation of Executive Order 13556, ``Controlled
Unclassified Information,'' signed on November 4, 2010.
DATES: This rule is effective August 24, 2012.
FOR FURTHER INFORMATION CONTACT: Linda B. Jones, (757) 229-3866.
SUPPLEMENTARY INFORMATION: The Department of Defense published a
proposed rule on April 25, 2011 (76 FR 22849-22854). Comments from two
submitters were received and are addressed below:
Comment: One submitter suggested clarifications and changes to the
markings specified by sections 223.6(d) and 223.6(e). We made the
changes suggested.
Comment: One comment suggested a change to the placement of the
required markings for consistency with 32 CFR part 2001.21(b). As 32
CFR part 2001 applies only to classified national security information,
we have not changed the placement requirements in the final rule.
Comment: One comment recommended adding a statement regarding
parenthetical markings for classified messages. The change was made.
Comment: Suggestions for clarifying the last half of paragraph
223.6(d)(3) were made. Changes were incorporated in the final rule when
we agreed they clarified the guidance.
Comment: One comment questioned the scope of the allowable
dissemination within the U.S. Government. A change to the dissemination
guidance was made.
Comment: One submitter suggested more definitive guidance on
identifying information that qualifies for designation as DoD UCNI and
that which qualifies for classification. Classification of information
regarding protection of DoD special nuclear material, equipment and
facilities, is a decision made by an authorized classification
authority based on his or her reasoned judgment as to the degree of
damage that could be caused by unauthorized disclosure. As such
determinations are inherently subjective, risk-managed decisions and,
thus, it is not possible to identify a ``definitive line where UCNI
stops and higher classification starts.'' No changes were made as a
result of this comment.
Comment: Additional changes were made based on DoD legal and
editorial review.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been certified that 32 CFR part 223 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 Executive Order.
It has been certified that 32 CFR part 223 is not economically
significant, and 32 CFR part 223 has been reviewed by the Office of
Management and Budget as required under the provisions of E.O. 12866.
Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 223 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 223 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 223 does not impose
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 223 does not have federalism
implications, as set forth in Executive Order 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 223
National defense, Nuclear energy, Reporting and recordkeeping
requirements, Security measures.
0
Accordingly, 32 CFR part 223 is revised to read as follows.
[[Page 43507]]
PART 223--DOD UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION (UCNI)
Sec.
223.1 Purpose.
223.2 Applicability.
223.3 Definitions.
223.4 Policy.
223.5 Responsibilities.
223.6 Procedures-identifying and controlling DoD UCNI.
223.7 Procedures-determination of DoD UCNI.
Authority: 10 U.S.C. 128 and 5 U.S.C. 552(b)(3).
Sec. 223.1 Purpose.
This part:
(a) Updates policies, assigns responsibilities and prescribes
procedures for the implementation of 10 United States Code (U.S.C.)
128, which is the statutory basis for controlling unclassified
information on the physical protection of DoD special nuclear material
(SNM), SNM equipment, and SNM facilities. Such information is referred
to as DoD UCNI, to distinguish it from a similar Department of Energy
(DOE) program.
(b) Identifies the authority to be used for denying disclosure of
DoD UCNI pursuant to 5 U.S.C. 552.
(c) Supplements security classification guidance contained in DoD
Instruction 5210.67,\1\ DOE classification guide CG-SS-4,\2\ and DoD/
DOE joint classification guides by establishing procedures for
identifying, controlling, and limiting the dissemination of
unclassified information on the physical protection of DoD SNM.
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\1\ Copies available on the Internet at http://www.dtic.mil/whs/directives/corres/pdf/521067p.pdf.
\2\ Copies available to authorized recipients from the Director
of Classification, Department of Energy.
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Sec. 223.2 Applicability.
This part applies to:
(a) 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 (hereinafter referred to collectively as the ``DoD
Components'').
(b) All SNM, regardless of form, whether in reactor cores or other
items under the direct control of the DoD Components (hereinafter
referred to as ``DoD SNM'').
(c) Nuclear weapons containing SNM that are in DoD custody
(hereinafter referred to as ``nuclear weapons in DoD custody'').
(d) Contractors, consultants, and grantees of the Department of
Defense.
Sec. 223.3 Definitions.
These terms and their definitions are for the purposes of this
part:
(a) Atomic Energy Defense Programs. Activities, equipment, and
facilities of the Department of Defense that are capable of the
following:
(1) Development, production, testing, sampling, maintenance,
repair, modification, assembly, utilization, transportation, or
retirement of nuclear weapons or nuclear weapon components.
(2) Production, utilization, or transportation of DoD SNM for
military applications.
(3) Safeguarding of activities, equipment, or facilities that
support the functions in paragraphs (a)(1) and (a)(2) of this section,
including the protection of nuclear weapons, nuclear weapon components,
or DoD SNM for military applications at a fixed facility or in transit.
(b) Document or material. The physical medium on or in which
information is recorded, or a product or substance that contains or
reveals information, regardless of its physical form or
characteristics.
(c) DoD UCNI. Unclassified information on the physical protection
of DoD SNM, SNM equipment, and SNM facilities, including unclassified
information on the physical protection of nuclear weapons containing
SNM that are in DoD custody.
(d) Information. Any fact or concept, regardless of the physical
form or characteristics of the medium on or in which it is recorded,
contained, or revealed.
(e) Intelligence Community. An element or agency of the U.S.
Government identified in or designated pursuant section 3.5(h) of
Executive Order 12333, as amended.
(f) Reviewing official. An individual appointed by the Assistant
Secretary of Defense for Nuclear, Chemical, and Biological Defense
Programs who may make a determination that a document or material
contains, does not contain, or no longer contains DoD UCNI.
(g) Safeguards. An integrated system of physical protection,
document and material accounting, and control measures designed to
deter, prevent, detect, and respond to unauthorized possession, use, or
sabotage of DoD SNM, SNM equipment, SNM facilities, or nuclear weapons
in DoD custody.
(h) SNM. Defined in 42 U.S.C. 2014.
(i) SNM equipment. Equipment, systems, or components whose failure
or destruction would cause an impact on safeguarding DoD SNM resulting
in an unacceptable interruption to a national security program or an
unacceptable impact on the health and safety of the public.
(j) SNM facility. A DoD facility that performs a function in
support of Atomic Energy Defense Programs whose disruption could
reasonably be expected to have a significant adverse effect on
safeguarding DoD SNM, the health and safety of the public or the common
defense and security.
(k) Unauthorized dissemination. The intentional or negligent
transfer, in any manner and by any person, of information contained in
a document or material determined by a reviewing official to contain
DoD UCNI, and so marked in accordance with the procedures in Sec.
223.6 of this part, to any person or entity other than an individual or
entity authorized access to DoD UCNI in accordance with 10 U.S.C. 128
and this part.
Sec. 223.4 Policy.
It is DoD policy that:
(a) Unauthorized dissemination of unclassified information
pertaining to security measures, including security plans, procedures,
and equipment, for the physical protection of DoD SNM, SNM equipment,
SNM facilities, or nuclear weapons in DoD custody is prohibited.
(b) Unclassified information shall be protected as DoD UCNI based
on a determination that the unauthorized dissemination of such
information could reasonably be expected to have a significant adverse
effect on the health and safety of the public or the common defense and
security by significantly increasing the likelihood of the illegal
production of nuclear weapons or the theft, diversion, or sabotage of
DoD SNM, SNM equipment, SNM facilities, or nuclear weapons in DoD
custody.
(c) Unclassified information regarding physical protection of DoD
SNM and nuclear weapons in DoD custody shall be made publicly available
to the fullest extent possible by applying the minimum restrictions,
consistent with the requirements of 10 U.S.C. 128, necessary to protect
the health and safety of the public or the common defense and security.
(d) This part and title 10 of the Code of Federal Regulations (CFR)
part 1017 shall be used as guidance for handling DOE UCNI that is under
DoD control.
(e) This part does not prevent a determination that information
previously determined to be DoD UCNI is classified information in
accordance
[[Page 43508]]
with Volume 1 of DoD Manual 5200.01 \3\ and other applicable standards
of classification.
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\3\ Available on the Internet at http://www.dtic.mil/whs/directives/corres/pdf/520001_vol1.pdf.
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Sec. 223.5 Responsibilities.
(a) The Under Secretary of Defense for Intelligence (USD(I)) shall
oversee the DoD program for controlling DoD UCNI and coordinate DoD
compliance with the DOE program for controlling DOE UCNI.
(b) The Assistant Secretary of Defense for Nuclear, Chemical, and
Biological Defense Programs (ASD(NCB)), under the authority, direction,
and control of the Under Secretary of Defense for Acquisition,
Technology, and Logistics, shall:
(1) Identify information regarding nuclear weapons security and the
protection of SNM at DoD nuclear reactor facilities as DoD UCNI and
protect it from unauthorized dissemination, consistent with the
requirements of 10 U.S.C. 128 and this part.
(2) Advise the USD(I) on implementation of the DoD UCNI program.
(3) Designate a DoD UCNI reviewing official, who shall be
authorized to determine that materials or documents contain, do not
contain, or no longer contain DoD UCNI.
(c) The Director, Administration and Management shall provide
guidance, as needed, to the Heads of the DoD Components regarding 5
U.S.C. 552, as implemented by 32 CFR part 286, as it applies to the DoD
UCNI program.
(d) The Heads of the DoD Components shall identify DoD UCNI within
their Component and protect it from unauthorized dissemination,
consistent with the requirements of 10 U.S.C. 128 and this part.
Sec. 223.6 Procedures-identifying and controlling DoD UCNI.
(a) General. (1) The decision to protect unclassified information
as DoD UCNI shall be based on a determination that the unauthorized
dissemination of such information could reasonably be expected to have
an adverse effect on the health and safety of the public or the common
defense and security by increasing significantly the likelihood of the
illegal production of nuclear weapons or the theft, diversion, or
sabotage of DoD SNM, SNM equipment, SNM facilities, or nuclear weapons
in DoD custody. This is called the ``adverse effects test.''
(2) DoD UCNI shall be identified, controlled, marked, transmitted,
and safeguarded in the DoD Components, the Intelligence Community, and
the North Atlantic Treaty Organization (NATO), and among DoD
contractors, consultants, and grantees. Within NATO, DoD UCNI shall be
marked, controlled, and safeguarded as ``NATO RESTRICTED'' information.
(3) Contracts requiring access to or the preparation of
unclassified information that is or could be DoD UCNI shall require
compliance with this part and any applicable DoD Component regulations,
and shall specify requirements for identifying, marking, handling, and
safeguarding DoD UCNI.
(b) Identifying DoD UCNI. (1) To be designated and protected as DoD
UCNI, information must:
(i) Be unclassified.
(ii) Pertain to security measures, including plans, procedures, and
equipment, for the physical protection of DoD SNM, SNM equipment, SNM
facilities, or nuclear weapons in DoD custody.
(iii) Meet the adverse effects test.
(2) Information shall be protected as DoD UCNI if it qualifies for
one or more of the categories listed in Sec. 223.7(c) and meets the
criteria in paragraph (b)(1) of this section.
(3) DoD personnel, in making a determination to protect
unclassified information as DoD UCNI, shall consider the probability of
illegal production of nuclear weapons or of theft, diversion, or
sabotage of DoD SNM, SNM equipment, SNM facilities, or nuclear weapons
in DoD custody if the information proposed for protection were made
available for public disclosure and dissemination. The cognizant
official shall consider how the unauthorized disclosure or
dissemination of such information could assist a potential adversary
in:
(i) Selecting a target for an act of theft, diversion, or sabotage
of nuclear weapons in DoD custody, DoD SNM, SNM equipment, or SNM
facilities (e.g., relative importance of a facility or the location,
form, and quantity of DoD SNM). Information that can be obtained by
observation from public areas outside controlled locations should not
be considered as DoD UCNI.
(ii) Planning or committing an act of theft, diversion, or sabotage
of nuclear weapons in DoD custody, DoD SNM, SNM equipment, or SNM
facilities (e.g., design of security systems; building plans; methods
and procedures for transfer, accountability, and handling of nuclear
weapons or DoD SNM; or security plans, procedures, and capabilities).
(iii) Measuring the success of an act of theft, diversion, or
sabotage of nuclear weapons in DoD custody, DoD SNM, SNM equipment, or
SNM facilities (e.g., actual or hypothetical consequences of the
sabotage of specific vital equipment or facilities).
(iv) Illegally producing a nuclear explosive device (e.g.,
unclassified nuclear weapon design information useful in designing a
primitive nuclear device; location of unique DoD SNM needed to
fabricate such a device; or location of a nuclear weapon).
(v) Dispersing DoD SNM in the environment (e.g., location, form,
and quantity of DoD SNM).
(c) Where questions or disagreements arise on designation or
continued protection of information as DoD UCNI, the reviewing official
appointed by the ASD(NCB) shall make the final determination. If a
determination cannot be made because applicable guidance is unclear or
does not exist, the document or material in question shall be referred
to the reviewing official for a determination.
(d) Access to DoD UCNI. (1) No explicit designation or security
clearance is required for access to DoD UCNI; however, a person granted
access to DoD UCNI must have a need to know the specific DoD UCNI to
which access is granted in the performance of official duties or of
DoD-authorized activities.
(2) The individual granting access to DoD UCNI shall notify each
person granted such access of applicable regulations, including the
physical protection and access requirements, concerning the protection
of DoD UCNI as well as any special dissemination limitations that apply
to the specific DoD UCNI to which access is being granted, prior to
dissemination of the DoD UCNI to the person.
(3) The requirement to notify persons granted access to DoD UCNI of
applicable regulations concerning protection and dissemination of DoD
UCNI may be met by attachment of an appropriate cover sheet to the
front of each document or material containing DoD UCNI prior to its
transmittal to the person granted access.
(e) Marking DoD UCNI. (1) An unclassified document with DoD UCNI
shall be marked ``DOD UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION'' (or
abbreviated ``DOD UCNI'') at the bottom on: the outside of the front
cover, if any; the outside of the back cover, if any; the first page;
and each individual page containing DoD UCNI.
(2) Within an unclassified document, an individual page containing
DoD UCNI shall be marked to show which of its portions contain DoD
UCNI. In marking sections, parts, paragraphs, or
[[Page 43509]]
similar portions, the parenthetical term ``(DCNI)'' shall be used and
placed at the beginning of the applicable portions.
(3) In a classified document, an individual page that has both DoD
UCNI and classified information shall be marked at the top and bottom
of the page with the highest security classification of information
appearing on that page or with the overall classification of the
document. In marking sections, parts, paragraphs, or similar portions,
the parenthetical term ``(U//DCNI)'' shall be used and placed at the
beginning of those portions containing DoD UCNI. In a classified
document, an individual page that has DoD UCNI, but no classified
information, shall be marked ``UNCLASSIFIED//DOD UNCLASSIFIED
CONTROLLED NUCLEAR INFORMATION'' (or ``UNCLASSIFIED//DOD UCNI'') at the
top and bottom of the page, unless the page is marked with the overall
classification of the document. The DoD UCNI information may be
included in the same portion with other classified or unclassified
information, if all relevant statutory and regulatory markings and
citations are included. Volume 2 of DoD Manual 5200.01 \4\ provides
additional guidance on marking classified documents.
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\4\ Available on the Internet at http://www.dtic.mil/whs/directives/corres/pdf/520001_vol2.pdf.
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(4) Other material (e.g., electronic media, photographs, films,
tapes, or slides) containing DoD UCNI shall be conspicuously marked
``DOD UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION'' (or ``DOD UCNI''),
in accordance with paragraphs (d)(1) through (d)(3) of this section, to
ensure that a recipient or viewer is aware of the status of the
information.
(e) Dissemination and Transmission. (1) DoD UCNI may be
disseminated among the DoD Components, members of the Intelligence
Community, NATO, and DoD contractors, consultants, and grantees on a
need-to-know basis for the conduct of official business for the
Department of Defense. Dissemination to NATO or other foreign or
international entities requires prior review and approval by the
appropriate dissemination entity.
(2) Recipients shall be made aware of the status as DoD UCNI for
all such information disseminated to them. Transmission of DoD UCNI
shall be by means which preclude unauthorized disclosure or
dissemination (e.g., secure phone, encrypted email).
(3) Documents containing DoD UCNI shall be marked as prescribed in
paragraph (d) of this section. Transmittal documents shall call
attention to the presence of DoD UCNI attachments using an appropriate
statement in the text or including at the bottom of the transmittal
document a statement similar to: ``The attached document contains DoD
Unclassified Controlled Nuclear Information (DoD UCNI).''
(4) DoD UCNI transmitted outside the Department of Defense requires
application of an expanded marking to explain the significance of the
DoD UCNI marking. That may be accomplished by adding the transmittal
statement ``DEPARTMENT OF DEFENSE/UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION/EXEMPT FROM MANDATORY DISCLOSURE PURSUANT TO 5 U.S.C.
552(b)(3), AS AUTHORIZED BY 10 U.S.C. 128'' to the document cover
before transfer.
(5) When not commingled with classified information, DoD UCNI may
be sent by first-class mail in a single, opaque envelope, or wrapping.
(6) DoD UCNI shall not be discussed or transmitted over an
unprotected telephone or telecommunications circuit (to include
facsimile transmissions) except in case of an emergency.
(7) Each part of electronically transmitted messages containing DoD
UCNI portions shall be marked appropriately. Unclassified messages,
including email, with DoD UCNI portions shall have the abbreviation
``DOD UCNI'' at the top of the message, before the beginning of the
text, and the parenthetical marking ``(DCNI)'' preceding each portion
of text containing DoD UCNI information. Classified messages containing
DoD UCNI portions shall be marked with the highest classification of
information within the message; use the parenthetical marking ``(U//
DCNI)'' preceding each portion of text containing DoD UCNI information.
(8) DoD UCNI processed, stored, or produced on stand-alone or
networked computers or other information technology systems shall
enforce protection from unauthorized disclosure or dissemination, in
accordance with the procedures in paragraph (f) of this section.
(9) A document marked as having DoD UCNI may be reproduced
minimally without permission of the originator and consistent with the
need to carry out official business.
(f) Safeguarding DoD UCNI. (1) During normal working hours,
documents and materials determined to contain DoD UCNI shall be
safeguarded and controlled by measures designed to reduce the risk of
access to DoD UCNI by unauthorized individuals. Particular attention
should be paid to areas where DoD UCNI is used or stored if unescorted
access by unauthorized individuals is possible.
(2) At the close of business, DoD UCNI shall be stored to preclude
disclosure. Storage of such information with other unclassified
information in unlocked receptacles (e.g., desks, bookcases) is
adequate if Government or Government-contractor internal building
security is provided during non-duty hours. When such internal building
security is not provided, locked rooms or buildings normally provide
adequate after-hours protection. If such protection is not considered
adequate, DoD UCNI shall be stored in locked receptacles (e.g., locked
file cabinet, locked desk drawer, safe).
(3) Non-record copies of DoD UCNI shall be destroyed by shredding
or burning or, if the sensitivity or volume of the information
justifies it, in accordance with the procedures specified by Volume 3
of DoD Manual 5200.01 \5\ for classified information. Record copies of
DoD UCNI shall be disposed of in accordance with the DoD Component's
record management regulations. DoD UCNI on magnetic storage media shall
be disposed of by overwriting to preclude its reconstruction. DoD UCNI
in electronic form shall be deleted and also removed from any desktop
trash or recycling files.
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(4) Unauthorized dissemination and disclosure of DoD UCNI justifies
investigative and administrative actions to determine cause, assess
impact, and fix responsibility. The DoD Component that originated the
DoD UCNI shall be informed of its unauthorized disclosure and the
outcome of the investigative and administrative actions. Unauthorized
disclosure of DoD UCNI does not constitute a compromise of classified
information.
(g) Retirement of Document or Material. (1) Any unclassified
document or material that is not marked as containing DoD UCNI but that
may contain DoD UCNI shall be marked upon retirement in accordance with
the DoD Component's record management regulations.
(2) A document or material marked as containing DoD UCNI is not
required to be reviewed upon, or subsequent, to retirement. Retired
documents or materials shall be reviewed in accordance with paragraph
(h) of this section upon a request for their release made pursuant to 5
U.S.C. 552.
[[Page 43510]]
(h) Requests for Public Release of UCNI. (1) Pursuant to 10 U.S.C.
128, information that qualifies as DoD UCNI is exempt from mandatory
disclosure pursuant to 5 U.S.C. 552. Requests for the public release of
DoD UCNI shall be denied, in accordance with procedures established in
32 CFR part 286, pursuant to 5 U.S.C. 552(b)(3), citing 10 U.S.C. 128
as authority.
(2) Requests for DOE UCNI contained within DoD documents shall also
be denied pursuant to 5 U.S.C. 552(b)(3), but 42 U.S.C 2168 shall be
cited, after formal FOIA consultation with the DOE, as the basis for
invoking the exemption. Requests for DOE documents will be formally
referred to DOE for final adjudication and response to the requestor.
(3) The reviewing official designated by the ASD (NCB) shall review
any retired DoD UCNI document or material upon a request for its
release made pursuant to 5 U.S.C. 552.
Sec. 223.7 Procedures-determination of DoD UCNI.
(a) Use of the Guidelines. (1) The guidelines in this section are
the basis for determining what unclassified information regarding the
physical protection of DoD SNM, SNM equipment, SNM facilities, or
nuclear weapons in DoD custody, in a given technical or programmatic
subject area are to be designated as DoD UCNI.
(2) The decision to protect unclassified information as DoD UCNI
shall be based on a determination that the unauthorized dissemination
of such information could reasonably be expected to have an adverse
effect on the health and safety of the public or the common defense and
security by significantly increasing the likelihood of the illegal
production of nuclear weapons or the theft, diversion, or sabotage of
SNM, SNM equipment, SNM facilities, or nuclear weapons in DoD custody.
(b) General Guidance. (1) Unclassified information relating to the
physical protection of DoD SNM, SNM equipment, SNM facilities, or
nuclear weapons in DoD custody is to be protected from public
disclosure to prevent the adverse effects identified in paragraph
(a)(2) of this section. Public availability of information that would
not result in such adverse effects is not to be restricted.
(2) In controlling DoD SNM information, only the minimum
restrictions needed to protect the health and safety of the public or
the common defense and security shall be applied to prohibit the
disclosure and dissemination of DoD UCNI.
(3) Any information that has been, or is, widely and irretrievably
disseminated in the public domain and whose dissemination was not, or
is not, under Government control is exempt from control under these
guidelines. However, the fact that information is in the public domain
is not a sufficient basis for determining that similar or updated
Government-owned and -controlled information in another document or
other material is not, or is no longer, DoD UCNI; case-by-case
determinations are required.
(c) Topical Guidance. DoD Components shall consider the topics
discussed in this section during the preparation of unclassified
information that addresses the physical protection of DoD SNM or
nuclear weapons in DoD custody to determine if it qualifies for control
as DoD UCNI.
(1) Vulnerability Assessments. (i) General vulnerabilities that
could be associated with specific DoD SNM, SNM equipment, SNM facility
locations, or DoD nuclear weapons storage facilities.
(ii) The fact that DoD SNM or nuclear weapons facility security-
related projects or upgrades are planned or in progress, if not
observable from a public area.
(iii) Identification and description of security system components
intended to mitigate the consequences of an accident or act of sabotage
at a DoD SNM or nuclear weapons facility.
(2) Material Control and Accountability. (i) Total quantity or
categories of DoD SNM at a facility.
(ii) Control and accountability plans or procedures.
(iii) Receipts that, cumulatively, would reveal quantities and
categories of DoD SNM of potential interest to an adversary.
(iv) Measured discards, decay losses, or losses due to fission and
transmutation for a reporting period.
(v) Frequency and schedule of DoD SNM inventories.
(3) Facility Description. (i) Maps, conceptual design, and
construction drawings of a DoD SNM or nuclear weapons facility showing
construction characteristics of building(s) and associated electrical
systems, barriers, and back-up power systems not observable from a
public area.
(ii) Maps, plans, photographs, or drawings of man-made or natural
features in a DoD SNM or nuclear weapons facility not observable from a
public area; e.g., tunnels, storm or waste sewers, water intake and
discharge conduits, or other features having the potential for
concealing surreptitious movement.
(iii) Communications and computer network configurations and
capabilities.
(4) Intrusion Detection and Security Alarm Systems. (i) Information
on the layout or design of security and alarm systems at a specific DoD
SNM or nuclear weapons facility, if the information is not observable
from a public area.
(ii) The fact that a particular system make or model has been
installed at a specific DoD SNM or nuclear weapons facility, if the
information is not observable from a public area.
(iii) Performance characteristics of installed systems.
(5) Keys, Locks, Combinations, and Tamper-Indicating Devices. (i)
Types and models of keys, locks, and combinations of locks used in DoD
SNM or nuclear weapons facilities and during shipment.
(ii) Method of application of tamper-indicating devices.
(iii) Vulnerability information available from unclassified vendor
specifications.
(6) Threat Response Capability and Procedures. (i) Information
about arrangements with local, State, and Federal law enforcement
agencies of potential interest to an adversary.
(ii) Information in ``non-hostile'' contingency plans of potential
value to an adversary to defeat a security measure, e.g., fire, safety,
nuclear accident, radiological release, or other administrative plans.
(iii) Required response time of security forces.
(7) Physical Security Evaluations. (i) Method of evaluating
physical security measures not observable from public areas.
(ii) Procedures for inspecting and testing communications and
security systems.
(8) In-Transit Security. (i) Fact that a shipment is going to take
place.
(ii) Specific means of protecting shipments.
(iii) Number and size of packages.
(iv) Mobile operating and communications procedures that an
adversary could exploit.
(v) Information on mode, routing, protection, communications, and
operations that must be shared with law enforcement or other civil
agencies, but not visible to the public.
(vi) Description and specifications of transport vehicle
compartments or security systems not visible to the public.
(9) Information on Nuclear Weapon Stockpile and Storage
Requirements, Nuclear Weapon Destruction and Disablement Systems, and
Nuclear Weapon Physical Characteristics. Refer
[[Page 43511]]
to DOE CG-SS-4 for guidance about the physical protection of
information on nuclear weapon stockpile and storage requirements,
nuclear weapon destruction and disablement systems, and nuclear weapon
physical characteristics that may, under certain circumstances, be
unclassified. Such information meeting the adverse effects test shall
be protected as DoD UCNI.
Dated: July 16, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-18122 Filed 7-24-12; 8:45 am]
BILLING CODE 5001-06-P
