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Federal Register / Vol. 71, No.

18 / Friday, January 27, 2006 / Proposed Rules 4541

application filed pursuant to paragraph new qualifying cogeneration facility if purchase electric energy or capacity
(a) of this section. the Commission has found that: from or to sell electric energy or
(c) All potentially affected qualifying (1) Competing retail electric suppliers capacity to a qualifying cogeneration
facilities shall include: are willing and able to sell and deliver facility or qualifying small power
(1) Those qualifying facilities that electric energy to the qualifying production facility (including the right
have existing power purchase contracts cogeneration facility or qualifying small to recover costs of purchasing electric
with the applicant; power production facility; and energy or capacity).
(2) Other qualifying facilities that sell (2) The electric utility is not required
[FR Doc. E6–940 Filed 1–26–06; 8:45 am]
their output to the applicant or that by State law to sell electric energy in its
BILLING CODE 6717–01–P
have pending self-certification or service territory.
Commission certification with the (b) Any electric utility may file an
Commission for qualifying facility status application with this Commission for
whereby the applicant will be the relief from the mandatory obligation to NATIONAL ARCHIVES AND RECORDS
purchaser of the qualifying facility’s sell under this paragraph on a service ADMINISTRATION
output; territory-wide basis or a single
qualifying facility basis. Such Information Security Oversight Office
(3) Any developer of generating
facilities with whom the applicant has application shall set forth the factual
basis upon which relief is requested and 32 CFR Part 2004
agreed to enter into power purchase
contracts or are in discussion with describe why the conditions set forth in RIN 3095–AB34
regard to power purchase contacts; paragraphs (a)(1) and (a)(2) of this
(4) The developers of facilities that section have been met. After notice, Information Security Oversight Office;
have pending state avoided cost including sufficient notice to potentially National Industrial Security Program
proceedings; and affected qualifying facilities, and an Directive No. 1
(5) Any other qualifying facilities that opportunity for comment, the AGENCY: Information Security Oversight
the applicant reasonably believes to be Commission shall make a final Office (ISOO), National Archives and
affected by its application filed pursuant determination within 90 days of such Records Administration (NARA).
to paragraph (a) of this section. application regarding whether the
ACTION: Implementing directive;
conditions set forth in paragraphs (a)(1)
§ 292.311 Reinstatement of obligation to proposed rule.
and (a)(2) of this section have been met.
purchase.
SUMMARY: The Information Security
At any time after the Commission § 292.313 Reinstatement of obligation to
sell. Oversight Office (ISOO), National
makes a finding under § 292.310 Archives and Records Administration
relieving an electric utility of its At any time after the Commission
makes a finding under § 292.312 (NARA), is publishing this Directive as
obligation to purchase electric energy, a a proposed rule and pursuant to section
qualifying cogeneration facility, a relieving an electric utility of its
obligation to sell electric energy, a 102(b)(1) of Executive Order 12829, as
qualifying small power production amended, relating to the National
facility, a State agency, or any other qualifying cogeneration facility, a
qualifying small power production Industrial Security Program. This order
affected person may apply to the establishes a National Industrial
Commission for an order reinstating the facility, a State agency, or any other
affected person may apply to the Security Program (NISP) to safeguard
electric utility’s obligation to purchase Federal Government classified
electric energy under this section, if Commission for an order reinstating the
electric utility’s obligation to sell information that is released to
there has been a change in the contractors, licensees, and grantees of
conditions upon which the Commission electric energy under this section, if
there has been a change in the the United States Government.
based its finding. Such application shall Redundant, overlapping, or unnecessary
set forth the factual basis upon which conditions upon which the Commission
based its finding. Such application shall requirements impede those interests.
the application is based and describe Therefore, the NISP serves as the single,
why the conditions set forth in set forth the factual basis upon which
the application is based and describe integrated, cohesive industrial security
§ 292.309 (a)(1), (2) or (3) are no longer program to protect classified
met. After notice, including sufficient why the conditions set forth in
§ 292.312 (a)(1) and (a)(2) are no longer information and to preserve our
notice to potentially affected utilities, Nation’s economic and technological
and opportunity for comment, the met. After notice, including sufficient
notice to potentially affected utilities, interests. This Directive sets forth
Commission shall issue an order within guidance to agencies to set uniform
90 days of such application reinstating and opportunity for comment, the
Commission shall issue an order within standards throughout the NISP that
the electric utility’s obligation to promote these objectives.
purchase electric energy under this 90 days of such application reinstating
the electric utility’s obligation to sell DATES: Comments must be received on
section if the Commission finds that the
conditions set forth in § 292.309 (a)(1), electric energy under this section if the or before March 13, 2006.
(2), or (3) which relieved the obligation Commission finds that the conditions ADDRESSES: You may submit comments,
to purchase, are no longer met. set forth in § 292.312 (a)(1) and (a)(2) are identified by ‘‘RIN 3095–AB34,’’ by any
no longer met. of the following methods:
§ 292.312 Procedures for utilities Federal eRulemaking Portal: http://
requesting termination of obligation to sell § 292.314 Existing rights and remedies. www.regulations.gov. Follow the
to qualifying facilities. Nothing in this §§ 292.303 through instructions for submitting comments.
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(a) An electric utility shall not be 292.314 affects the rights or remedies of E-mail: comments@nara.gov. Include
required to enter into a new contract or any party under any contract or ‘‘RIN 3095–AB34’’ in the subject line of
obligation to sell electric energy to a obligation, in effect or pending approval the message.
qualifying small power production before the appropriate State regulatory Fax: (301) 837–0319.
facility, an existing qualifying authority or non-regulated electric Mail: Regulation Comments Desk
cogeneration qualifying facility, or a utility on or before August 8, 2005, to (NPOL), Room 4100, National Archives

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4542 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Proposed Rules

and Records Administration, 8601 Title 32 of the Code of Federal § 2004.11 Agency implementing
Adelphi Road, College Park, MD 20740– Regulations to add part 2004 as follows: regulations, internal rules, or guidelines
6001. [102(b)(3)].
Hand Delivery/Courier: Regulation PART 2004—NATIONAL INDUSTRIAL (a) Reviews and Updates. All
Comments Desk (NPOL), Room 4100, SECURITY PROGRAM DIRECTIVE implementing regulations, internal
National Archives and Records NO. 1 rules, or guidelines that pertain to the
Administration, 8601 Adelphi Road, NISP shall be reviewed and updated by
Subpart A—Implementation and Oversight the originating agency, as circumstances
College Park, MD 20740–6001.
Sec. require. If a change in national policy
FOR FURTHER INFORMATION CONTACT: J.
2004.10 Responsibilities of the Director, necessitates a change in agency
William Leonard, Director, ISOO, at Information Security Oversight Office
202–219–5250. implementing regulations, internal
(ISOO) [102(b)].
rules, or guidelines that pertain to the
SUPPLEMENTARY INFORMATION: This 2004.11 Agency implementing regulations,
internal rules, or guidelines [102(b)(3)]. NISP, the agency shall promptly issue
proposed rule is being issued pursuant
2004.12 Reviews by ISOO [102(b)(4)]. revisions.
to the provisions of section 102(b)(1) of (b) Reviews by ISOO. The Director,
Executive Order 12829, January 6, 2003 Subpart B—Operations ISOO, shall review agency
(58 FR 3479), as amended by Executive 2004.20 National Industrial Security implementing regulations, internal
Order 12885, December 14, 1993, (58 FR Program Operating Manual (NISPOM) rules, or guidelines, as necessary, to
65863). The purpose of this Directive is [201(a)]. ensure consistency with NISP policies
to assist in implementing the Order; 2004.21 Protection of classified information and procedures. Such reviews should
users of the Directive shall refer [201(e)].
normally occur during routine oversight
concurrently to that Order for guidance. 2004.22 Operational responsibilities
[202(a)]. visits, when there is indication of a
As of November 17, 1995, ISOO became problem that comes to the attention of
a part of NARA. The drafting, 2004.23 Cost reports [203 (d)].
2004.24 Definitions. the Director, ISOO, or after a change in
coordination, and issuance of this national policy that impacts such
Directive fulfills one of the Authority: Section 102(b)(1) of Executive
Order 12829, January 6, 2003, 58 FR 3479, as regulations, rules, or guidelines. The
responsibilities of the implementation Director, ISOO, shall provide findings
delegated to the ISOO Director. ISOO amended by Executive Order 12885,
December 14, 1993, 58 FR 65863. from such reviews to the responsible
maintains oversight over Executive department or agency.
Order 12958, as amended, and policy Subpart A—Implementation and
oversight over Executive Order 12829, Oversight § 2004.12 Reviews by ISOO [102(b)(4)].
as amended. Nothing in this directive The Director, ISOO, shall fulfill his
shall be construed to supersede the § 2004.10 Responsibilities of the Director, monitoring role based, in part, on
authority of the Secretary of Energy or Information Security Oversight Office information received from NISP Policy
the Nuclear Regulatory Commission (ISOO) [102(b)].1 Advisory Committee (NISPPAC)
under the Atomic Energy Act of 1954, The Director ISOO shall: members, from on-site reviews that
as amended (42 U.S.C. 2011 et seq.), or (a) Implement EO 12829, as amended. ISOO conducts under the authority of
the authority of the Director of Central EO 12829, as amended, and from
Intelligence under the National Security (b) Ensure that the NISP is operated
complaints and suggestions from
Act of 1947, as amended, or Executive as a single, integrated program across
persons within or outside the
Order No. 12333 of December 8, 1981, the Executive Branch of the Federal
Government. Findings shall be reported
or the authority of the Director of Government; i.e., that the Executive
to the responsible department or agency.
National Intelligence under the Branch departments and agencies
Intelligence Reform and Terrorism adhere to NISP principles. Subpart B—Operations
Prevention Act of 2004. Requirements of (c) Ensure that each contractor’s
implementation of the NISP is overseen § 2004.20 National Industrial Security
the latter Act will necessitate additional Program Operating Manual (NISPOM)
future changes to Executive Order 12829 by a single Cognizant Security Authority
[201(a)].
and this implementing Directive. The (CSA), based on a preponderance of
classified contracts per agreement by the (a) The NISPOM applies to release of
interpretive guidance contained in this classified information during all phases
proposed rule will assist agencies in CSAs.
of the contracting process.
implementing Executive Order 12829, (d) Ensure that all Executive Branch (b) As a general rule, procedures for
as amended. departments and agencies that contract safeguarding classified information by
The proposed rule is [not] a for classified work have included the contractors and recommendations for
significant regulatory action for the Security Requirements clause, 52.204–2, changes shall be addressed through the
purposes of Executive Order 12866. The from the Federal Acquisition Regulation NISPOM coordination process that shall
proposed rule is [not] a major rule as (FAR), or an equivalent clause, in such be facilitated by the Executive Agent.
defined in 5 U.S.C. Chapter 8, contract. The Executive Agent shall address
Congressional Review of Agency (e) Ensure that those Executive NISPOM issues that surface from
Rulemaking. As required by the Branch departments and agencies for industry, Executive Branch departments
Regulatory Flexibility Act, we certify which the Department of Defense (DoD) and agencies, or the NISPPAC. When
that this proposed rule will [not] have serves as the CSA have entered into consensus cannot be achieved through
a significant impact on a substantial agreements with the DoD that establish the NISPOM coordination process, the
number of small entities because it the terms of the Secretary’s
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issue shall be raised to the NSC for


applies only to Federal agencies. responsibilities on behalf of those resolution.
List of Subjects in 32 CFR Part 2004 agency heads.
§ 2004.21 Protection of classified
Classified information. 1 Bracketed
information [201(e)].
references pertain to related sections
1. For the reasons set forth in the of Executive Order 12829, as amended by E.O. Procedures for the safeguarding of
preamble, NARA proposes to amend 12885. classified information by contractors are

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Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Proposed Rules 4543

promulgated in the NISPOM. DoD, as § 2004.23 Cost reports [203 (d)]. SIP.;’’ In addition, this revision includes
the Executive Agent, shall use standards (a) The Executive Branch departments the implementation control strategies,
applicable to agencies as the basis for and agencies shall provide information integral vistas protection, and long term
the requirements, restrictions, and each year to the Director, ISOO, on the strategies, otherwise known as the
safeguards contained in the NISPOM; costs within the agency associated with ‘‘Phase I, Part II Visibility SIP.’’ Lastly,
however, the NISPOM requirements implementation of the NISP for the EPA is proposing to remove the SIP
may be designed to accommodate as previous year. disapprovals associated with Phase I,
necessary the unique circumstances of (b) The DoD as the Executive Agent Parts I and II, and the resultant Federal
industry. Any issue pertaining to shall develop a cost methodology in Implementation Plans (FIPs).
deviation of industry requirements in coordination with industry to collect the DATES: Written comments must be
the NISPOM from the standards costs incurred by contractors of all received on or before February 27, 2006.
applicable to agencies shall be Executive Branch departments and ADDRESSES: Comments may be mailed to
addressed through the NISPOM agencies to implement the NISP, and Mr. Thomas Diggs, Chief, Air Planning
coordination process. shall report those costs to the Director, Section (6PD–L), Environmental
ISOO, on an annual basis. Protection Agency, 1445 Ross Avenue,
§ 2004.22 Operational responsibilities
[202(a)]. § 2004.24 Definitions.
Suite 1200, Dallas, Texas 75202–2733.
(a) Designation of Cognizant Security Comments may also be submitted
For the purposes of this part the electronically or through hand delivery/
Authority (CSA). The CSA for a following definitions apply:
contractor shall be determined by the courier by following the detailed
(a) Cognizant Security Agencies
preponderance of classified contract instructions in the ADDRESSES section of
(CSAs) means the Executive Branch
activity per agreement by the CSAs. The the direct final rule located in the rules
departments and agencies authorized in
responsible CSA shall conduct oversight section of this Federal Register.
EO 12829, as amended, to establish
inspections of contractor security FOR FURTHER INFORMATION CONTACT: Joe
industrial security programs: the
programs and provide other support Department of Defense, designated as Kordzi, Air Planning Section (6PD–L),
services to contractors as necessary to the Executive Agent; the Department of Environmental Protection Agency,
ensure compliance with the NISPOM Energy; the Nuclear Regulatory Region 6, 1445 Ross Avenue, Suite 700,
and that contractors are protecting Commission; and the Central Dallas, Texas 75202–2733, telephone
classified information as required. DoD, Intelligence Agency. (214) 665–7186; fax number 214–665–
as Executive Agent, shall serve as the (b) Contractor means any industrial, 7263; e-mail address
CSA for all Executive Branch education, commercial, or other entity, kordzi.joe@epa.gov.
departments and agencies that are not a to include licensees or grantees that has SUPPLEMENTARY INFORMATION: In the
designated CSA. As such, DoD shall: been granted access to classified final rules section of this Federal
(1) Provide training to industry to information. Contractor does not Register, EPA is approving the State’s
ensure that industry understands the include individuals engaged under SIP submittal as a direct final rule
responsibilities associated with personal services contracts. without prior proposal because the
protecting classified information. Agency views this as a noncontroversial
Dated: December 5, 2005.
(2) Validate the need for contractor submittal and anticipates no adverse
access to classified information, shall J. William Leonard,
comments. A detailed rationale for the
establish a system to request personnel Director, Information Security Oversight
approval is set forth in the direct final
security investigations for contractor Office.
rule. If no adverse comments are
personnel, and shall ensure adequate Approved: January 14, 2006.
received in response to this action rule,
funding for investigations of those Allen Weinstein, no further activity is contemplated. If
contractors under Department of Archivist of the United States. EPA receives adverse comments, the
Defense cognizance. [FR Doc. E6–815 Filed 1–26–06; 8:45 am] direct final rule will be withdrawn and
(3) Maintain a system of eligibility BILLING CODE 7515–01–P all public comments received will be
and access determinations of contractor addressed in a subsequent final rule
personnel. based on this proposed rule. EPA will
(b) General Responsibilities. Executive ENVIRONMENTAL PROTECTION not institute a second comment period.
Branch departments and agencies that AGENCY Any parties interested in commenting
issue contracts requiring industry to on this action should do so at this time.
have access to classified information 40 CFR Part 52 Please note that if EPA receives adverse
and are not a designated CSA shall: comment on an amendment, paragraph,
(1) Include the Security Requirements [NM–4–1–5208b; FRL–8025–4]
or section of this rule and if that
clause, 52.204–2, from the FAR in such Approval and Promulgation of provision may be severed from the
contracts; Implementation Plans; New Mexico, remainder of the rule, EPA may adopt
(2) Incorporate a Contract Security as final those provisions of the rule that
Visibility
Classification Specification (DD 254) are not the subject of an adverse
into the contracts in accordance with AGENCY: Environmental Protection comment.
the FAR subpart 4.4; Agency (EPA). For additional information, see the
(3) Sign agreements with the ACTION: Proposed rule. direct final rule which is located in the
Department of Defense as the Executive ‘‘Rules and Regulations’’ section of this
Agent for industrial security services; SUMMARY: EPA is proposing to approve
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Federal Register.
and a revision to the New Mexico State
(4) Ensure applicable department and Implementation Plan (SIP). This Dated: January 18, 2006.
agency personnel having NISP revision satisfies the New Source Richard E. Greene,
implementation responsibilities are Review (NSR) and monitoring plan Regional Administrator, Region 6.
provided appropriate education and requirements for visibility, otherwise [FR Doc. 06–759 Filed 1–26–06; 8:45 am]
training. known as the ‘‘Phase I, Part I Visibility BILLING CODE 6560–50–P

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