[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR3a.11]

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           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 3a_NATIONAL SECURITY INFORMATION--Table of Contents
 
Sec. 3a.11  Classification of official information.

    (a) Security Classification Categories. Information or material 
which requires protection against unauthorized disclosure in the 
interest of the national defense or foreign relations of the United 
States (hereinafter collectively termed national security) is classified 
Top Secret, Secret or Confidential, depending upon the degree of its 
significance to national security. No other categories are to be used to 
identify official information or material requiring protection in the 
interest of national security, except as otherwise expressly provided by 
statute. These classification categories are defined as follows:

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    (1) Top Secret. Top Secret refers to national security information 
or material which requires the highest degree of protection. The test 
for assigning Top Secret classification is whether its unauthorized 
disclosure could reasonably be expected to cause exceptionally grave 
damage to the national security. Examples of exceptionally grave damage 
include armed hostilities against the United States or its allies; 
disruption of foreign relations vitally affecting the national security; 
the compromise of vital national defense plans or complex cryptologic 
and communications intelligence systems; the revelation of sensitive 
intelligence operations; and the disclosure of scientific or 
technological developments vital to national security. This 
classification is to be used with the utmost restraint.
    (2) Secret. Secret refers to national security information or 
material which requires a substantial degree of protection. The test for 
assigning Secret classification shall be whether its unauthorized 
disclosure could reasonably be expected to cause serious damage to the 
national security. Examples of serious damage include disruption of 
foreign relations significantly affecting the national security; 
significant impairment of a program or policy directly related to the 
national security; revelation of significant military plans or 
intelligence operations; and compromise of significant scientific or 
technological developments relating to national security. The 
classification Secret shall be sparingly used.
    (3) Confidential. Confidential refers to national security 
information or material which requires protection, but not to the degree 
described in paragraphs (a) (1) and (2) of this section. The test for 
assigning Confidential classification shall be whether its unauthorized 
disclosure could reasonably be expected to cause damage to the national 
security.
    (b) Classified information will be assigned the lowest 
classification consistent with its proper protection. Documents will be 
classified according to their own content and not necessarily according 
to their relationship to other documents.
    (c) The overall classification of a file or group of physically 
connected documents will be at least as high as that of the most highly 
classified document therein. When put together as a unit or complete 
file, the classification of the highest classified document contained 
therein will be marked on a cover sheet, file folder (front and back), 
or other similar covering, and on any transmittal letters, comments, or 
endorsements.
    (d) Administrative Control Designations. These designations are not 
security classification designations, but are used to indicate a 
requirement to protect material from unauthorized disclosure. Material 
identified under the provisions of this subparagraph will be handled and 
protected in the same manner as material classified Confidential except 
that it will not be subject to the central control system described in 
Sec. 3a.71. Administrative Control designations are:
    (1) For Official Use Only. This designation is used to identify 
information which does not require protection in the interest of 
national security, but requires protection in accordance with statutory 
requirements or in the public interest and which is exempt from public 
disclosure under 5 U.S.C. 552(b) and Sec. 388.105(n) of this chapter.
    (2) Limited Official Use. This administrative control designation is 
used by the Department of State to identify nondefense information 
requiring protection from unauthorized access. Material identified with 
this notation must be limited to persons having a definite need to know 
in order to fulfill their official responsibilities.
    (e) A letter or other correspondence which transmits classified 
material will be classified at a level at least as high as that of the 
highest classified attachment or enclosure. This is necessary to 
indicate immediately to persons who receive or handle a group of 
documents the highest classification involved. If the transmittal 
document does not contain classified information, or if the information 
in it is classified lower than in an enclosure, the originator will 
include a notation to that effect. (See Sec. 3a.31(e).)

[Order 470, 38 FR 5161, Feb. 26, 1973, as amended by Order 225, 47 FR 
19055, May 3, 1982]

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