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of the classification system. The Chairman, Vice Chairman, and Executive Director exercise downgrading and declassification authority in the FPC.

(b) Information and material classified prior to June 1, 1972, and assigned to Group 4 under E.O. 10501, as amended by E.O. 10964, unless declassified earlier by the original classifying authority, shall be declassified and downgraded in accordance with the following General Declassification Schedule.

(1) Top Secret. Information or material originally classified TOP SECRET becomes automatically downgraded to Secret at the end of the second full calendar year following the year in which it was originated, downgraded to Confidential at the end of the fourth full calendar year following the year in which it was originated, and declassified at the end of the 10th full calendar year following the year in which it was originated.

(2) Secret. Information and material originally classified Secret becomes automatically downgraded to Confidential at the end of the second full calendar year following the year in which it was originated, and declassified at the end of the eighth full calendar year following the year in which it was originated.

(3) Confidential. Information and material originally classified Confidential becomes automatically declassified at the end of the sixth full calendar year following the year in which it was originated.

(c) To the fullest extent applicable, there shall be indicated on each such FPC originated classified document whether it can be downgraded or declassified at a date earlier than under the above schedule, or after a specified event, or upon the removal of classified attachments or enclosures. Classified information in the possession of the Federal Power Commission, but not bearing a marking for automatic downgrading or declassification, will be marked or designated by the Chairman or the Security Officer designated by 83a.51 hereof for automatic downgrading or declassification in accordance with the rules and regulations of the department or agency which originally classified the information or material.

(d) When the FPC official having classification authority downgrades or cancels the classification of a document before its classification status changes automatically, each addressee to whom the document was transmitted shall be notified of the change unless the addressee has previously advised that the document was destroyed. Addressees must be notified similarly when it has been determined that a document must be upgraded.

(e) When classified information from more than one source is incorporated into a new document or other material, the document or other material shall be classified, downgraded, or declassified in accordance with the provisions of E.O. 11652 and NSC directives thereunder applicable to the information requiring the greatest protection.

(f) All information or material classified prior to June 1, 1972, other than that described in paragraph (b) of this section, is excluded from the General Classification Schedule. However, at any time after the expiration of 10 years from the date of origin it shall be subject to classification review and disposition by FPC provided:

(1) A department or agency or member of the public requests review;

(2) The request describes the record with sufficient particularity to enable FPC to identify it; and

(3) The record can be obtained with a reasonable amount of effort.

(g) All classified information or material which is 30 years old or more will be declassified under the following conditions:

(1) All information and material classified after June 1, 1972, will, whether or not declassification has been requested, become automatically declassified at the end of 30 full calendar years after the date of its original classification except for such specifically identified information

material which the Chairman personally determines in writing to require continued protection because such continued protection is essential to the national security, or disclosure would place a person in immediate jeopardy. In such case, the Chairman also will specify the period of continued classification.

(2) All information and material classified before June 1, 1972 and more than


ferred thereto, shall make the declassified information and material available to the public to the extent permitted by law.

(b) Departments and agencies and members of the public may direct requests for review for declassification, as described in 83a.22(f), to: Office of the Secretary, Federal Power Com

mission, Washington, DC 20426.

30 years old will be systematically reviewed for declassification by the Archivist of the United States by the end of the 30th full calendar year following the year in which it was originated. In his review, the Archivist will separate and keep protected only such information or material as is specifically identified by the Chairman in accordance with paragraph (g) (1) of this section. In such case, the Chairman also will specify the period of continued classification.

(3) The Executive Director, acting for the Chairman, is assigned to assist the Archivist of the United States in the exercise of his responsibilities indicated in paragraph (g)(2) of this section. He will:

(1) Provide guidance and assistance to archival employees in identifying and separating those materials originated in FPC which are deemed to require continued classification; and

(ii) Develop a list for submission to the Chairman which identifies the materials so separated, with recommendations concerning continued classification. The Chairman will then make the determination required under paragraphs (g) (1) and (2) of this section and cause a list to be created which identifies the documents included in the determination, indicates the reason for continued classification, and specifies the date on which such material shall be declassified.

The Office of the Secretary will assign the request to the appropriate Bureau or Office for action and will acknowledge in writing the receipt of the request. If the request requires the rendering of services for which fair and equitable fees should be charged pursuant to Title 5 of the Independent Offices Appropriations Act, 1952, 31 U.S.C. 483a, the requester shall be so notified. The Bureau or Office which is assigned action will make a determination within 30 days of receipt or explain why further time is necessary. If at the end of 60 days from receipt of the request for review no determination has been made, the requester may apply to the FPC Review Committee (paragraph (g) of this section) for a determination. Should the Bureau or Office assigned the action on a request for review determine that under the criteria set forth in section 5(B) of E.O. 11652 continued classification is required, the requester will be notified promptly and, whenever possible, provided with a brief statement as to why the requested information or material cannot be declassified. The requester may appeal any such determination to the FPC Review Committee and the notice of determination will advise him of this right.

(C) The FPC Review Committee will establish procedures to review and act within 30 days upon all applications and appeals regarding requests for declassification. The chairman, acting through the committee, is authorized to overrule previous determinations in whole or in part when, in its judgment, continued protection is no longer required. If the committee determines that continued classification is required under the criteria of section 5(B)

8 3a.23 Review of classified material

for declassification purposes. (a) All information and material classified after June 1, 1972, and determined in accordance with Chapter 21, title 44, United States Code, to be of sufficient historical or other value to warrant preservation shall be systematically reviewed on a timely basis for the purpose of making such information and material publicly available according to the declassification determination at the time of classification. During each calendar year the FPC shall segregate to the maximum extent possible all such information and material warranting preservation and becoming declassified at or prior to the end of such year. Promptly after the end of such year the FPC, or the Archives of the United States if trans

1 Now known as the Federal Energy Regulatory Commission.

of E.O. 11652, it will promptly so notify will be taken and of his right to appeal the requester and advise him that he such decision. may appeal the denial to the Inter- (g) The FPC Review Committee will agency Classification Review Commit- consist of the Executive Director, as tee.

Committee Chairman, the Secretary, (d) A request by a department or and the Director, Office of Public Inforagency or a member of the public to re- mation, as members. In addition to the view for declassification documents activities described in this paragraph, more than 30 years old shall be referred the Review Committee has authority directly to the Archivist of the United to act on all suggestions and comStates, and he shall have the requested plaints with respect to administration documents reviewed for declassifica- of E.O. 11652 and this part 3a. tion. If the information or material re- (h) The FPC Review Committee is quested has been transferred to the also responsible for recommending to General Services Administration for the chairman appropriate administraaccession into the Archives, the Archi- tive action to correct abuse or violavist shall, together with the chairman, tion of any provision of E.O. 11652 or have the requested documents reviewed NSC directives thereunder, including for declassification. Classification shall notifications by warning letter, formal be continued in either case only when reprimand, and to the extent permitted the chairman makes the personal de- by law, suspension without pay and retermination indicated in 83a.22(g)(1). moval. The Archivist shall notify the re- (1) The Chairman of the Review Comquester promptly of such determina

mittee will submit through the chairtion and of his right to appeal the de- man, FPC, a report quarterly to the nial to the Interagency Classification Interagency Classification Review Review Committee.

Committee, NSC, of actions on classi(e) For purposes of administrative de- fication review requests, classification terminations under paragraph (b), (c), abuses, and unauthorized disclosures. or (d) of this section, the burden is on the FPC to show that continued classi- CLASSIFICATION MARKINGS AND SPECIAL fication is warranted. Upon a deter

NOTATIONS mination that the classified material no longer warrants classification, it

§ 3a.31 Classification markings and will be declassified and made available

special notations. to the requester if not otherwise ex- (a) After the chairman, the vice empt from disclosure under section chairman, or the executive director de552(b) of Title 5, U.S.C. (Freedom of In- termines that classified information is formation Act) or other provisions of contained in an original document or law.

other item, the appropriate marking, (f) A request for classification review i.e., Secret or Confidential, will be apmust describe the document with suffi- plied as indicated herein. In addition, cient particularity to enable the FPC each classified document will reflect to identify it and obtain it with a rea- its date of origin and the Bureau, Ofsonable amount of effort. Whenever a fice, or Regional Office responsible for request is deficient in its description of its preparation and issuance, and the the record sought, the requester will be identity of the highest authority auasked to provide additional identifying thorizing the classification. Where the information whenever possible. Before individual who signs or otherwise audenying a request on the ground that it thenticates the document or other is unduly burdensome, the requester item has also authorized the classificawill be asked to limit his request to tion, no further annotation as to his records that are reasonably obtainable. identity is required. Each classified If the requester then does not describe document will also show on its face the records sought with sufficient par- whether it is subject to or exempt from ticularity, or the record requested can- the General Declassification Schedule not be obtained with a reasonable described in $3a.22(b). amount of effort, the requester will be (1) For marking documents which are notified of the reasons why no action subject to the General Declassification

Schedule, the following stamp will be used:

(Top Secret, Secret, or Confidential) Classified by

Subject to General Declassification Schedule of E.O. 11652, automatically downgraded at 2-year intervals and declassified on December 31, (insert year).

(2) For marking documents which are to be automatically declassified on a given event or date earlier than the General Declassification Schedule the following stamp will be used:

(Top Secret, Secret, or Confidential) Classified by

Automatically declassified on

(effective date or event).

routing slips, or any other papers of any size which conceal or partially conceal the cover, the title page, or first page, will bear the marking of the overall classification.

(d) Whenever a classified document contains either more than one security classification category or unclassified information, each section, part or paragraph should be marked to the extent practicable to show its classification category or that it is unclassified.

(e) Letters of transmittal or other covering documents which are classified solely because of classified enclosures or attachments, or which are classified in a lower category than such enclosures or attachments, will bear either of the following markings, as appropriate.

(1) If the covering document is classified on its own, but has enclosures or attachments of a higher classification, or is a component (i.e., an endorsement or comment) or a file in which other components bear a higher classification:

(3) For marking documents which are exempt from the General Declassification Schedule the following stamp will be used:

(Top Secret, Secret, or Confidential) Classified by

Exempt from General Declassification Schedule of E.O. 11652, Exemption Category (section 5B (1), (2), (3), or (4). Automatically declassified on

(effective date or event, if any).


(appropriate classification) When separated from

(identify higher classified components)

(2) If unclassified when separated from its classified enclosures or attachments:

When the Attachments Are Removed, This

Transmittal Letter Becomes Unclassified.

(b) Should the classifier fail to mark such document with one of the foregoing stamps, the document shall be deemed to be subject to the General Declassification Schedule. The person who signs or finally approves a document or other material containing classified information shall be deemed to be the classifier. If the classifier is other than such person he shall be identified on the stamp as indicated.

(c) On documents, the classification markings Secret and Confidential will be stamped in red ink, printed, or written in letters considerably larger than those used in the text of the document. On documents which are typewritten in elite, pica or executive size type, the above markings should be in letters not less than three-sixteenths inch in height. No markings, other than those indicated above, are authorized to designate that a document or material requires protection in the interests of national security. The overall classification assigned to a document will be conspicuously marked on the top and bottom of each page and on the outside of the front and back covers, if any. Letters of transmittal, endorsements,

(f) In addition to the classification category markings prescribed above, the first or title page of each classified document will contain instructions as appropriate, in accordance with the following:

(1) Regarding instructions. The declassification and downgrading notation, as described in 83a.31(g) will be applied to classified documents only. The notation will not be carried forward to unclassified letters of transmittals or other cover documents. When such cover documents are classified by their own content, they will be annotated with the notwithstanding instructions which pertain to the enclosures.

(2) Special Handlingnotation. Classified information will not be released or disclosed to any foreign national without proper specific authorization. This applies even when the classified

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(canceled) То Effective on

(date) Under authority of

(authorizing official or office) By

(person or office taking action)


(h) In addition to the foregoing marking requirements, warning notices shall be displayed prominently on classified documents or materials as prescribed below. When display of these warning notices on the documents or other materials is not feasible, the warnings shall be included in the written notification of the assigned classification.

(1) Restricted data. For classified information or material containing restricted data as defined in the Atomic Energy Act of 1954, as amended:

83a.41 Access requirements.

(a) The Personnel Security Officer, on a continuing current basis, will certify to the Security Officer, the head of each bureau and office and each regional engineer, the names of officers and employees who have been granted a security clearance for access to classified material and the level of such clearance (Top Secret, Secret, Confidential). The Personnel Security Officer will maintain accurate and current listings of personnel who have been granted security clearances in accordance with the standards and criteria of Executive Orders 10450 and 10865 and as prescribed by this part.

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