(a) The Director of Classification shall classify information as RD and the Chief Health, Safety and Security Officer shall maintain the classification of RD (and FRD in coordination with the DoD) only if undue risk of damage to the common defense and security from its unauthorized disclosure can be identified and described.
(b) The Director of Classification shall not classify information and the Chief Health, Safety and Security Officer shall declassify information if there is significant doubt about the need to classify the information.
(c) The Director of Classification and the Chief Health, Safety and Security Officer shall consider the presumptions in Sec. 1045.15 (d) and (e) before applying the criteria in paragraph (d) of this section.
(d) In determining whether information should be classified or declassified, the Director of Classification and the Chief Health, Safety and Security Officer shall consider the following:
(1) Whether the information is so widely known or readily apparent to knowledgeable observers that its classification would cast doubt on the credibility of the classification system;
(2) Whether publication of the information would assist in the development of countermeasures or otherwise jeopardize any U.S. weapon or weapon system;
(3) Whether the information would hinder U.S. nonproliferation efforts by significantly assisting potential adversaries to develop or improve a nuclear weapon capability, produce nuclear weapons materials, or make other military use of nuclear energy;
(4) Whether publication of the information would have a detrimental effect on U.S. foreign relations;
(5) Whether publication of the information would benefit the public welfare, taking into account the importance of the information to public discussion and education and potential contribution to economic growth; and, 6) Whether publication of the information would benefit the operation of any Government program by reducing operating costs or improving public acceptance. [62 FR 68509, Dec. 31, 1997, as amended at 71 FR 68737, Nov. 28, 2006]