10 C.F.R. § 1045.15 Classification and declassification presumptions.
Title 10 - Energy
(a) The DOE Directors of Declassification and Security Affairs shall consider the presumptions listed in paragraphs (d) and (e) of this section before applying the criteria in §1045.16. (b) Not all areas of nuclear-related information are covered by the presumptions. (c) In general, existing information listed in paragraphs (d) and (e) of this section has the classification status indicated. Inclusion of specific existing information in one of the presumption categories does not mean that new information in a category is or is not classified, but only that arguments to differ from the presumed classification status of the information should use the appropriate presumption as a starting point. (d) The DOE Directors of Declassification and Security Affairs shall presume that information in the following areas is unclassified unless application of the criteria in §1045.16 indicates otherwise: (1) Basic science: mathematics, chemistry, theoretical and experimental physics, engineering, materials science, biology and medicine; (2) Magnetic confinement fusion technology; (3) Civilian power reactors, including nuclear fuel cycle information but excluding technologies for uranium enrichment; (4) Source materials (defined as uranium and thorium and ores containing them); (5) Fact of use of safety features (e.g., insensitive high explosives, fire resistant pits) to lower the risks and reduce the consequences of nuclear weapon accidents; (6) Generic weapons effects; (7) Physical and chemical properties of uranium and plutonium, most of their alloys and compounds, under standard temperature and pressure conditions; (8) Nuclear fuel reprocessing technology and reactor products not revealing classified production rates or inventories; (9) The fact, time, location, and yield range (e.g., less than 20 kilotons or 20–150 kilotons) of U.S. nuclear tests; (10) General descriptions of nuclear material production processes and theory of operation; (11) DOE special nuclear material aggregate inventories and production rates not revealing size or details concerning the nuclear weapons stockpile; (12) Types of waste products resulting from all DOE weapon and material production operations; (13) Any information solely relating to the public and worker health and safety or to environmental quality; and (14) The simple association or simple presence of any material (i.e., element, compound, isotope, alloy, etc.) at a specified DOE site. (e) The DOE Directors of Declassification and Security Affairs shall presume that information in the following areas is classified unless the application of the criteria in §1045.16 indicates otherwise: (1) Detailed designs, specifications, and functional descriptions of nuclear explosives, whether in the active stockpile or retired; (2) Material properties under conditions achieved in nuclear explosions that are principally useful only for design and analysis of nuclear weapons; (3) Vulnerabilities of U.S. nuclear weapons to sabotage, countermeasures, or unauthorized use; (4) Nuclear weapons logistics and operational performance information (e.g., specific weapon deployments, yields, capabilities), related to military utilization of those weapons required by the DoD; (5) Details of the critical steps or components in nuclear material production processes; and (6) Features of military nuclear reactors, especially naval nuclear propulsion reactors, that are not common to or required for civilian power reactors.
Title 10: Energy
PART 1045—NUCLEAR CLASSIFICATION AND DECLASSIFICATION
Subpart B—Identification of Restricted Data and Formerly Restricted Data Information
§ 1045.15 Classification and declassification presumptions.
