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Code of Federal Regulations (Last Updated: October 10, 2024) |
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Title 10 - Energy |
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Chapter X - Department of Energy (General Provisions) |
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Part 1045 - Nuclear Classification and Declassification |
| Subpart A - Introduction |
| § 1045.1 - Purpose and scope. |
| § 1045.2 - Applicability. |
| § 1045.3 - Definitions. |
| § 1045.4 - Responsibilities. |
| § 1045.5 - What is the purpose of this part? |
| § 1045.6 - Openness Advisory Panel. |
| § 1045.7 - Suggestions or complaints. |
| § 1045.8 - Procedural exemptions. |
| § 1045.9 - RD classification performance evaluation. |
| § 1045.10 - To whom does this part apply? |
| § 1045.15 - What is the process for submitting a question or a comment on any of the policies and procedures contained in this part? |
| § 1045.20 - How does an agency request an exemption or equivalency to meet a provision in this part? |
| § 1045.25 - What actions can be taken against a person who violates the requirements in this part? |
| § 1045.30 - What definitions apply to this part? |
| § 1045.35 - What acronyms are commonly used in this part? |
| Subpart B - Management of Restricted Data (RD), Formerly Restricted Data (FRD), and Transclassified Foreign Nuclear Information (TFNI) Classification Programs |
| § 1045.11 - Applicability. |
| § 1045.12 - Authorities. |
| § 1045.13 - Classification prohibitions. |
| § 1045.14 - Process for classification and declassification of restricted data and formerly restricted data information. |
| § 1045.16 - Criteria for evaluation of restricted data and formerly restricted data information. |
| § 1045.17 - Classification levels. |
| § 1045.18 - Newly generated information in a previously declassified subject area. |
| § 1045.19 - Accountability for classification and declassification determinations. |
| § 1045.21 - Privately generated restricted data. |
| § 1045.22 - No comment policy. |
| § 1045.40 - Is there an official in each agency with access to RD, FRD, or TFNI who manages the agency's RD, FRD, or TFNI program to ensure the requirements in this part are met? |
| § 1045.45 - What are the responsibilities of DOE officials and personnel, and the officials and personnel of other agencies, under this part? |
| § 1045.50 - [Reserved] |
| § 1045.55 - When are RD, FRD, and TFNI considered for declassification? |
| § 1045.60 - Does an unauthorized public release of RD, FRD, or TFNI result in its declassification? |
| § 1045.65 - What are the responsibilities of a person with access to RD, FRD, or TFNI, if they see information in the open literature that they think is RD, FRD, or TFNI? |
| Subpart C - Determining if Information is RD, FRD, or TFNI |
| § 1045.31 - Applicability. |
| § 1045.32 - Authorities. |
| § 1045.33 - Appointment of restricted data management official. |
| § 1045.34 - Designation of restricted data classifiers. |
| § 1045.36 - Reviews of agencies with access to restricted data and formerly restricted data. |
| § 1045.37 - Classification guides. |
| § 1045.38 - Automatic declassification prohibition. |
| § 1045.39 - Challenging classification and declassification determinations. |
| § 1045.41 - Use of classified addendums. |
| § 1045.42 - Mandatory and Freedom of Information Act reviews for declassification of restricted data and formerly restricted data documents. |
| § 1045.43 - Systematic review for declassification. |
| § 1045.44 - Classification review prior to public release. |
| § 1045.46 - Classification by association or compilation. |
| § 1045.70 - How is information initially determined to be RD? |
| § 1045.75 - Are there prohibitions against information being classified, remaining classified, or prevented from being declassified as RD, FRD, or TFNI? |
| § 1045.80 - What are the classification and declassification presumptions? |
| § 1045.85 - How is information determined to be FRD or TFNI and can FRD or TFNI be returned to the RD category? |
| § 1045.90 - Can information generated by private entities that is not owned by, produced by, or controlled by the U.S. Government be classified as RD? |
| § 1045.95 - What are the criteria used to assign levels to RD, FRD, or TFNI? |
| § 1045.100 - How are RD, FRD, and TFNI declassified? |
| § 1045.105 - What is the method to request the declassification of RD, FRD or TFNI? |
| § 1045.110 - How are challenges to the classification and declassification of RD, FRD, or TFNI submitted and processed? |
| Subpart D - Classifying and Declassifying Matter Containing RD, FRD, or TFNI |
| § 1045.51 - Applicability. |
| § 1045.52 - Mandatory declassification review requests. |
| § 1045.53 - Appeal of denial of mandatory declassification review requests. |
| § 1045.115 - Who is authorized to derivatively classify matter that contains RD, FRD, or TFNI? |
| § 1045.120 - What training is required for persons who have access to or who derivatively classify matter containing RD, FRD, or TFNI? |
| § 1045.125 - What is the process for reviewing and derivatively classifying matter that potentially contains RD, FRD, or TFNI? |
| § 1045.130 - How does an authorized person derivatively classify matter containing RD, FRD, or TFNI? |
| § 1045.135 - Can a person make an RD, FRD, or TFNI classification determination if applicable classification guidance is not available? |
| § 1045.140 - How is matter containing RD, FRD, or TFNI marked? |
| § 1045.145 - Who must review output from a classified IT system that is marked as RD, FRD, or TFNI? |
| § 1045.150 - Can anyone remove the RD, FRD, or TFNI portions and markings to produce an NSI or unclassified version of the matter? |
| § 1045.155 - How is matter marked as containing RD, FRD, or TFNI declassified? |
| § 1045.160 - When the RD, FRD, or TFNI is removed from matter, what action must be taken if the matter still contains NSI? |
| § 1045.165 - Once matter marked as RD, FRD, or TFNI is declassified, how is it marked? |
| § 1045.170 - What is the purpose of this subpart? |
| § 1045.175 - How must agencies process FOIA and MDR requests for matter that is marked as or potentially contains RD, FRD, or TFNI? |
| § 1045.180 - What is the procedure if an agency receives an appeal to a FOIA or MDR concerning the denial of RD, FRD, or TFNI? |
| Subpart F - DOE-Specific Procedures for MDR Requests |
| § 1045.185 - What is the purpose of this subpart? |
| § 1045.190 - How does the public submit an MDR for DOE classified matter? |
| § 1045.195 - Is any matter exempt from MDR requests? |
| § 1045.200 - Is there a cost for an MDR review? |
| § 1045.205 - How does DOE conduct an MDR review? |
| § 1045.210 - How does a person submit an appeal if DOE withholds classified information in an MDR response? |
| § 1045.215 - How does DOE process an MDR appeal for DOE matter containing NSI? |
| § 1045.220 - How does DOE process an MDR appeal for matter containing RD, FRD, or TFNI? |
| § 1045.225 - Are DOE responses to MDR requests available to the public? |