[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: 10CFR95.39]

[Page 554-555]
 
                            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. 95.39  External transmission of documents and material.

    (a) Restrictions. Documents and material containing classified 
information received or originated in connection with an NRC license or 
certificate must be transmitted only to CSA approved security 
facilities.
    (b) Preparation of documents. Documents containing classified 
information must be prepared in accordance with the following when 
transmitted outside an individual installation.
    (1) The documents must be enclosed in two sealed opaque envelopes or 
wrappers.
    (2) The inner envelope or wrapper must contain the addressee's 
classified mail address and the name of the intended recipient. The 
appropriate classification must be placed on both sides of the envelope 
(top and bottom) and the additional markings, as appropriate, referred 
to in Sec. 95.37(e) must be placed on the side bearing the address.
    (3) The outer envelope or wrapper must contain the addressee's 
classified mailing address. The outer envelope or wrapper may not 
contain any classification, additional marking or other

[[Page 555]]

notation that indicate that the enclosed document contains classified 
information. The Classified Mailing Address shall be uniquely designated 
for the receipt of classified information. The classified shipping 
address for the receipt of material (e.g., equipment) should be 
different from the classified mailing address for the receipt of 
classified documents.
    (4) A receipt that contains an unclassified description of the 
document, the document number, if any, date of the document, 
classification, the date of transfer, the recipient and the person 
transferring the document must be enclosed within the inner envelope 
containing the document and be signed by the recipient and returned to 
the sender whenever the custody of a Secret document is transferred. 
This receipt process is at the option of the sender for Confidential 
information.
    (c) Methods of transportation.
    (1) Secret matter may be transported only by one of the following 
methods within and directly between the U.S., Puerto Rico, or a U.S. 
possession or trust territory:
    (i) U.S. Postal Service Express Mail and U.S. Postal Service 
Registered Mail.

    Note: The ``Waiver of Signature and Indemnity'' block on the U.S. 
Postal Service Express Mail Label 11-B may not be executed and the use 
of external (street side) express mail collection boxes is prohibited.

    (ii) A cleared ``Commercial Carrier.''
    (iii) A cleared commercial messenger service engaged in the 
intracity/local area delivery (same day delivery only) of classified 
material.
    (iv) A commercial delivery company, approved by the CSA, that 
provides nationwide, overnight service with computer tracing and 
reporting features. These companies need not be security cleared.
    (v) Other methods as directed, in writing, by the CSA.
    (2) Confidential matter may be transported by one of the methods set 
forth in paragraph (c)(1) of this section, by U.S. express or certified 
mail. Express or certified mail may be used in transmission of 
Confidential documents to Puerto Rico or any United States territory or 
possession.
    (d) Telecommunication of classified information. Classified 
information may not be telecommunicated unless the telecommunication 
system has been approved by the CSA. Licensees, certificate holders or 
other persons who may require a secure telecommunication system shall 
submit a telecommunication plan as part of their request for facility 
clearance, as outlined in Sec. 95.15, or as an amendment to their 
existing Standard Practice Procedures Plan for the protection of 
classified information.
    (e) Security of classified information in transit. Classified matter 
that, because of its nature, cannot be transported in accordance with 
Sec. 95.39(c), may only be transported in accordance with procedures 
approved by the CSA. Procedures for transporting classified matter are 
based on a satisfactory transportation plan submitted as part of the 
licensee's, certificate holder, or other person's request for facility 
clearance or submitted as an amendment to its existing Standard Practice 
Procedures Plan.

[62 FR 17696, Apr. 11, 1997, as amended at 64 FR 15652, Apr. 1, 1999]