[Code of Federal Regulations]
[Title 10, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR95.29]

[Page 549-550]
 
                            TITLE 10--ENERGY
                  (This book contains parts 51 to 199)
 
          CHAPTER I--NUCLEAR REGULATORY COMMISSION (Continued)
 
PART 95_FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA--Table of Contents
 
Sec. 95.29  Establishment of Restricted or Closed areas.

    (a) If, because of its nature, sensitivity or importance, classified 
matter cannot otherwise be effectively controlled in accordance with the 
provisions of Sec. Sec. 95.25 and 95.27, a Restricted or Closed area 
must be established to protect this matter.
    (b) The following measures apply to Restricted Areas:
    (1) Restricted areas must be separated from adjacent areas by a 
physical barrier designed to prevent unauthorized access (physical, 
audio, and visual) into these areas.
    (2) Controls must be established to prevent unauthorized access to 
and removal of classified matter.
    (3) Access to classified matter must be limited to persons who 
possess appropriate access authorization or other written CSA disclosure 
authorization and who require access in the performance of their 
official duties or regulatory obligations.
    (4) Persons without appropriate access authorization for the area 
visited must be escorted by an appropriate CSA access authorized person 
at all times while within Restricted or Closed Areas.
    (5) Each individual authorized to enter a Restricted or Closed Area 
must be issued a distinctive form of identification (e.g., badge) when 
the number of employees assigned to the area exceeds thirty per shift.
    (6) During nonworking hours, admittance must be controlled by 
protective personnel. Protective personnel shall conduct patrols during 
nonworking hours at least every 8 hours and more frequently if necessary 
to maintain a commensurate level of protection. Entrances must be 
continuously monitored by protective personnel or by an approved alarm 
system.
    (c) Due to the size and nature of the classified material, or 
operational necessity, it may be necessary to construct Closed Areas for 
storage because GSA-approved containers or vaults are unsuitable or 
impractical. Closed Areas must be approved by the CSA. The following 
measures apply to Closed Areas:
    (1) Access to Closed Areas must be controlled to preclude 
unauthorized access. This may be accomplished through the use of a 
cleared employee or by a CSA approved access control device or system.
    (2) Access must be limited to authorized persons who have an 
appropriate security clearance and a need-to-know for the classified 
matter within the area. Persons without the appropriate level of 
clearance and/or need-to-know must be escorted at all times by an 
authorized person where inadvertent or unauthorized exposure to 
classified information cannot otherwise be effectively prevented.

[[Page 550]]

    (3) The Closed Area must be accorded supplemental protection during 
non-working hours. During these hours, admittance to the area must be 
controlled by locked entrances and exits secured by either an approved 
built-in combination lock or an approved combination or key-operated 
padlock. However, doors secured from the inside with a panic bolt (for 
example, actuated by a panic bar), a dead bolt, a rigid wood or metal 
bar, or other means approved by the CSA, do not require additional 
locking devices.
    (4) Open shelf or bin storage of classified matter in Closed Areas 
requires CSA approval. Only areas protected by an approved intrusion 
detection system will qualify for approval.

[62 FR 17693, Apr. 11, 1997, as amended at 64 FR 15652, Apr. 1, 1999]