Title 10: Energy
CHAPTER X: DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
PART 1045: NUCLEAR CLASSIFICATION AND DECLASSIFICATION
Subpart B: Identification of Restricted Data and Formerly Restricted Data Information
1045.21 - Privately generated restricted data.
(a) DOE may classify RD which is privately generated by persons not pursuant to Government contracts, in accordance with the Atomic Energy Act.
(b) In order for information privately generated by persons to be classified as RD, the Secretary or Deputy Secretary shall make the determination personally and in writing. This authority shall not be delegated.
(c) DOE shall publish a Federal Register notice when privately generated information is classified as RD, and shall ensure that the content of the notice is consistent with protecting the national security and the interests of the private party.