10 CFR 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?

Regulations last checked for updates: May 01, 2025

Title 10 - Energy last revised: Apr 21, 2025

View all text of Subpart C [§ 1045.70 - § 1045.110]

§ 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?

Yes. Under the AEA, DOE may classify information that is privately generated (e.g., not under a Government contract) as RD. This may only be done in writing by the Secretary or Deputy Secretary. This responsibility cannot be delegated. Once such a determination is made, DOE must notify the public through the Federal Register. This notice is not required to reveal any details about the determination and must protect the national security as well as the interests of the private party.

authority: 42 U.S.C. 2011; E.O. 13526, 75 FR 705, 3 CFR 2010 Comp., pp. 298-327

source: 83 FR 66007, Dec. 21, 2018, unless otherwise noted.

cite as: 10 CFR 1045.90