[Code of Federal Regulations]
[Title 10, Volume 4, Parts 500 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1004.6]

[Page 622]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1004--FREEDOM OF INFORMATION--Table of Contents
 
Sec. 1004.6  Requests for classified records.

    (a) All requests for classified records and Unclassified Controlled 
Nuclear Information will be subject to the provisions of this part with 
the special qualifications noted below.
    (b) All requests for records made in accordance with this part, 
except those requests for access to classified records which are made 
specifically pursuant to the mandatory review provisions of Executive 
Order 12356 or any successor thereto, may be automatically considered a 
Freedom of Information Act request.
    (c) Concurrence of the Director of Classification is required on all 
responses involving requests for classified records. The Director of 
Classification will be informed of the request by either the Freedom of 
Information Officer or the Authorizing Official to whom the action is 
assigned, and will advise the office originating the records, or having 
responsibility for the records, and consult with such office or offices 
prior to making a determination under this section.
    (d) The written notice of a determination to deny records, or 
portions of records, which contain both classified material and other 
exempt material, will be concurred in by the Director of Classification 
who will be the Denying Official for the classified portion of such 
records in accordance with Secs. 1004.5(c) and 1004.7(b)(2). If other 
DOE officials or appropriate officials of other agencies are responsible 
for denying any portion of the record, their names and titles or 
positions will be listed in the notice of denial in accordance with 
Secs. 1004.5(c) and 1004.7(b)(2) and it will be clearly indicated what 
portion or portions they were responsible for denying.
    (e) Requests for DOE records containing classified information 
received from another agency, and requests for classified documents 
originating in another agency, will be coordinated with or referred to 
the other agency consistent with the provisions of Sec. 1004.4(f). 
Coordination or referral of information or documents subject to this 
section will be effected by the Director of Classification (in 
consultation with the Authorizing Official) with the appropriate 
official of the other agency.