§ 1045.70. How is information initially determined to be RD?
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/us/cfr/t10/s§ 1045.70·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For new information to be classified as RD it must fall under the definition of RD that states such information concerns: The design, manufacture, or utilization of nuclear weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy, and the unauthorized release of the information must reasonably be expected to cause undue risk to the common defense and security.
(b)This initial determination is made by the Director, Office of Classification after:
(1)Ensuring the information is not prohibited from being classified under § 1045.75;
(2)Considering whether the information falls within the classification or declassification presumptions in § 1045.80; and
(3)Evaluating the criteria in this paragraph.
(i)Whether the information is so widely known or readily apparent to knowledgeable observers that its classification would cast doubt on the credibility of classification programs;
(ii)Whether publication of the information would assist in the development of countermeasures or otherwise jeopardize any U.S. weapon or weapon system;
(iii)Whether the information would hinder U.S. nonproliferation efforts by significantly assisting potential adversaries to develop or improve a nuclear weapon capability, produce nuclear weapons materials, or make other military use of nuclear energy;
(iv)Whether information would assist terrorists to develop a nuclear weapon, produce nuclear materials, or use special nuclear material in a terrorist attack;
(v)Whether publication of the information would have a detrimental effect on U.S. foreign relations;
(vi)Whether publication of the information would benefit the public welfare, taking into account the importance of the information to public discussion and education and potential contribution to economic growth; and
(vii)Whether publication of the information would benefit the operation of any Government program by reducing operating costs or improving public acceptance.
(c)In consideration of the analysis of the criteria of this section, if there is significant doubt about the need to classify the information, then the Director cannot make an initial determination to classify the information.