50 CFR § 540.1-540.3 - Information Security

444 50 CFR Ch. V (10–1–23 Edition) § 530.2 identified in § 1507.3(b) of the regula tions which are applicable to the ac tivities of the Commission in light of its statutory functions and responsibil ities. § 530.2 Ensuring that environmental documents are actually considered in agency decision-making. Section 1505.1 of the NEPA regula tions contains requirements to ensure adequate consideration of environ mental documents in agency decision making. To implement these require ments, Commission officials shall: (a) Consider all relevant environ mental documents in evaluating pro posals for agency actions; (b) Ensure that all relevant environ mental documents, comments, and re sponses accompany the proposal through existing agency review proc esses; (c) Consider only those alternatives encompassed by the range of alter natives discussed in the relevant envi ronmental documents when evaluating any proposal for action by the Commis sion which is likely to significantly af fect the quality of the human environ ment; and (d) Where an environmental impact statement (EIS) has been prepared, consider the specific alternatives ana lyzed in the EIS when evaluating the proposal which is the subject of the EIS. All Commission officials directly involved in developing, evaluating, and/or reaching decisions on proposed actions shall consider relevant environ mental documents and comply with the applicable provisions of the NEPA process. § 530.3 Typical classes of action. Section 1507.3(b)(2), in conjunction with § 1508.4, requires agencies to iden tify typical classes of action that war rant similar treatment under NEPA with respect to the preparation of EIS’s or environmental assessments. As a general matter, the Commission’s activities do not include actions for which EIS’s or environmental assess ments are required. Its activities in volve: (a) Consultation with and rec ommendations to other Federal agen cies for actions relating to marine mammal protection and conservation for which an EIS or environmental as sessment is either not required by the NEPA regulations or for which an EIS or environmental assessment is pre pared by another Federal agency; and (b) Research contracts relating to policy issues, biological-ecological data needed to make sound management de cisions, and better methods for col lecting and analyzing data. These ac tivities are not, by themselves, major Federal actions significantly affecting the quality of the human environment and the Commission’s activities are therefore categorically excluded from the requirement to prepare an EIS or environmental assessment except for proposals for legislation which are ini tiated by the Commission, for which the Commission shall develop environ mental assessments or EIS’s, as appro priate, in accordance with the NEPA regulations. The Commission shall independently determine whether an EIS or an environmental assessment is required where: (1) A proposal for agency action is not covered by one of the typical class es of action above; or (2) For actions which are covered, the presence of extraordinary cir cumstances indicates that some other level of environmental review may be appropriate. § 530.4 Environmental information. Interested persons may contact the Office of the General Counsel for infor mation regarding the Commission’s compliance with NEPA. PART 540—INFORMATION SECURITY Sec. 540.1 Policy. 540.2 Program. 540.3 Procedures. AUTHORITY: Executive Order 12356. § 540.1 Policy. It is the policy of the Marine Mam mal Commission to act in accordance with Executive Order 12356 in matters relating to national security informa tion. [44 FR 55381, Sept. 26, 1979] 445 Marine Mammal Commission § 540.3 § 540.2 Program. The Executive Director is designated as the Commission’s official respon sible for implementation and oversight of information security programs and procedures. He acts as the recipient of questions, suggestions, and complaints regarding all elements of this program, and is solely responsible for changes to it and for insuring that it is at all times consistent with Executive Order 12356. The Executive Director also serves as the Commission’s official contact for requests for declassifica tion of materials submitted under the provisions of Executive Order 12356, re gardless of the point of origin of such requests. He is responsible for assuring that requests submitted under the Freedom of Information Act are han dled in accordance with that Act and that declassification requests sub mitted under the provisions of Execu tive Order 12356 are acted upon within 60 days of receipt. [44 FR 55381, Sept. 26, 1979] § 540.3 Procedures. (a) Mandatory declassification review. All requests for mandatory review shall be handled by the Executive Di rector or his designee. Under no cir cumstances shall the Exective Director refuse to confirm the existence or non existence of a document requested under the Freedom of Information Act or the mandatory review provisions of Executive Order 12356, unless the fact of its existence or non-existence would itself be classified under Executive Order 12356. Requests for declassifica tion shall be acted upon promptly pro viding that the request reasonably de scribes the information which is the subject of the request for declassifica tion. In light of the fact that the Com mission does not have original classi fication authority and national secu rity information in its custody has been classified by another Federal agency, the Executive Director will refer all requests for national security information in its custody to the Fed eral agency that classified it or, if the agency that classified it has either ceased to exist or transferred the infor mation in conjunction with a transfer of functions, to the appropriate federal agency exercising original classifica tion authority with respect to the same subject, for review and disposi tion in accordance with Executive Order 12356 and that agency’s regula tions and guidelines. (b) Exceptional cases. When an em ployee or contractor of the Commission originates information that is believed to require classification, the Executive Director shall ensure that it is pro tected in accordance with Executive Order 12356 and shall promptly trans mit it under appropriate safeguards to the agency with appropriate subject matter jurisdiction and classification authority for review and action in ac cordance with the Order and that agen cy’s regulations and guidelines. (c) Derivative classification. Derivative classification markings shall be ap plied to information that is in sub stance the same as information that is already classified, in accordance with Executive Order 12356, Section 2–1, un less it is determined through inquiries made to the originators of the classi fied information or other appropriate persons that the paraphrasing, restat ing, or summarizing of the classified information obviates the need for its classification, in which case the infor mation shall be issued as unclassified or shall be marked appropriately. After verifying the current level of classi fication so far as practicable, paper copies of such derivatively classified information shall be marked so as to indicate: (1) The source of the original classi fication; (2) The identity of the Commission employee originating the derivatively classified document; (3) The dates or events for declas sification or review for declassification indicated on the classified source ma terial; and (4) Any additional authorized mark ings appearing on the source material. (d) Handling. All classified documents shall be delivered to the Executive Di rector or his designee immediately upon receipt. All potential recipients of such documents shall be advised of the names of such designees and up dated information as necessary. In the event that the Executive Director or his designee is not available to receive 446 50 CFR Ch. V (10–1–23 Edition) Pt. 550 such documents, they shall be turned over to the Administrative Officer and secured, unopened, in the combination safe located in the Commission offices until the Executive Director or his des ignee is available. Under no cir cumstances shall classified materials that cannot be delivered to the Execu tive Director or his designee be stored other than in the designated safe. (e) Reproduction. Reproduction of classified material shall take place only in accordance with Executive Order 12356, its implementing direc tives, and any limitations imposed by the originator. Should copies be made, they are subject to the same controls as the original document. Records showing the number and distribution of copies shall be maintained, where re quired by the Executive Order, by the Administrative Officer and the log stored with the original documents. These measures shall not restrict re production for the purposes of manda tory review. (f) Storage. All classified documents shall be stored in the combination safe located in the Commission’s offices. The combination shall be changed as required by ISOO Directive No. 1, dated June 23, 1982. The combination shall be known only to the Executive Director and his designees with the appropriate security clearance. (g) Employee education. All employees who have been granted a security clearance and who have occasion to handle classified materials shall be ad vised of handling, reproduction, and storage procedures and shall be re quired to review Executive Order 12356 and appropriate ISOO directives. This shall be effected by a memorandum to all affected employees at the time these procedures are implemented. New employees will be instructed in proce dures as they enter employment with the Commission. (h) Agency terminology. The use of the terms Top Secret, Secret, and Confiden tial shall be limited to materials classi fied for national security purposes. [44 FR 55381, Sept. 26, 1979, as amended at 47 FR 55489, Dec. 10, 1982; 48 FR 44834, Sept. 30, 1983] PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PRO GRAMS OR ACTIVITIES CON DUCTED BY MARINE MAMMAL COMMISSION Sec. 550.101 Purpose. 550.102 Application. 550.103 Definitions. 550.104–550.109 [Reserved] 550.110 Self-evaluation. 550.111 Notice. 550.112–550.129 [Reserved] 550.130 General prohibitions against dis crimination. 550.131–550.139 [Reserved] 550.140 Employment. 550.141–550.148 [Reserved] 550.149 Program accessibility: Discrimina tion prohibited. 550.150 Program accessibility: Existing fa cilities. 550.151 Program accessibility: New con struction and alterations. 550.152–550.159 [Reserved] 550.160 Communications. 550.161–550.169 [Reserved] 550.170 Compliance procedures. 550.171–550.999 [Reserved] AUTHORITY: 29 U.S.C. 794. SOURCE: 51 FR 4579, Feb. 5, 1986, unless oth erwise noted. § 550.101 Purpose. This part effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabil ities Amendments of 1978, which amended section 504 of the Rehabilita tion Act of 1973 to prohibit discrimina tion on the basis of handicap in pro grams or activities conducted by Exec utive agencies or the United States Postal Service. § 550.102 Application. This part applies to all programs or activities conducted by the agency. § 550.103 Definitions. For purposes of this part, the term— Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Depart ment of Justice. Auxiliary aids means services or de vices that enable persons with im paired sensory, manual, or speaking