View Rule

DOE regulations at 10 CFR part 1045 prescribe procedures for the identification of restricted data (RD), formerly-restricted data (FRD), and transclassified nuclear information (TFNI), describe how members of the public may request the release of RD, FRD, TFNI, and DOE National Security Information (NSI), and set forth the process to appeal decisions on these requests.  Burden reducing measures include: (1) harmonizing TFNI marking requirements with the existing marking policies in 32 CFR part 2001.  This would reduce public confusion with classification of TFNI and would, as a secondary matter, reduce Federal government costs associated with two different sets of regulations; (2) enabling derivative classifiers to remove RD, FRD, and TFNI from matter even when the resulting matter remains classified.  This change would result in greater public access to information; (3) emphasizing that classification challenges can be submitted directly to the Director, Office of Classification rather than a lower-level official, resulting in faster appeals; and (4) clarifying that once classified and unclassified information exempt from public release is redacted, DOE responses to declassification requests, as well as FOIA requests for matter containing classified information, are posted on DOE’s OpenNet System.  This would result in greater public access and reduce public burden, because the public would not need to submit a new request for information already posted online.