Editorial Note on Part 1045
Editorial Notes: Nomenclature changes to part 1045 appear at 88 FR 41294, June 26, 2023, and 88 FR 82238, Nov. 24, 2023.

§ 1045.120 What training is required for persons who have access to or who derivatively classify matter containing RD, FRD, or TFNI? ( a ) Prior to being authorized access to RD and FRD, a person must receive training that explains: ( 1 ) What information is potentially RD and FRD;
( 2 ) Matter that potentially contains RD or FRD must be reviewed by an RD Derivative Classifier to determine whether it contains RD or FRD;
( 3 ) DOE must review matter that potentially contains RD or TFNI for public release and DOE or DoD must review matter that potentially contains FRD for public release;
( 4 ) RD Derivative Classification authority is required to classify or upgrade matter containing RD or FRD, or to downgrade the level of matter containing RD or FRD;
( 5 ) Only a person trained in accordance with this section, may classify matter containing TFNI;
( 6 ) Matter containing RD, FRD, and TFNI is not automatically declassified and only DOE authorized persons may downgrade the category or declassify matter marked as containing RD; only DOE or DoD authorized persons may downgrade the category or declassify matter marked as containing FRD;
( 7 ) How to submit a challenge if they believe RD, FRD, or TFNI information (*e.g.,* a guide topic) or matter containing RD, FRD, or TFNI is not properly classified; and
( 8 ) Access requirements for matter marked as containing RD or FRD.
( b ) Each person with access to RD and FRD must also receive periodic refresher briefings covering these same topics.
( c ) In addition to the training in paragraph (a) of this section, prior to derivatively classifying matter containing RD, or FRD and every 2 years thereafter, each RD Derivative Classifier must also receive training that explains: ( 1 ) The use of classification guides, classification bulletins, and portion-marked source documents to classify matter containing RD and FRD;
( 2 ) What to do if applicable classification guidance is not available;
( 3 ) Limitations on an RD Derivative Classifier's authority to remove RD or FRD portions from matter; and
( 4 ) Marking requirements for matter containing RD and FRD.
( d ) Prior to having access to TFNI, and periodically thereafter, each person must receive the following training (which may be combined with the training required for access to RD or FRD): ( 1 ) What information is potentially TFNI;
( 2 ) Only a person with appropriate training may determine if matter contains TFNI;
( 3 ) Marking requirements for matter containing TFNI;
( 4 ) Matter containing TFNI is not automatically declassified and only DOE authorized persons may downgrade the category or declassify matter marked as containing TFNI; and
( 5 ) How to submit a challenge if they believe TFNI information (*e.g.,* a guide topic) or matter containing TFNI is not properly classified.
( e ) In addition to the training in § 1045.120(d), prior to derivatively classifying matter containing TFNI and every 2 years thereafter, each person who derivatively classifies matter containing TFNI must also receive training that explains: ( 1 ) The markings applied to matter containing TFNI;
( 2 ) Limitations on their authority to remove TFNI portions from matter;
( 3 ) Only DOE authorized persons may determine that classified matter no longer contains TFNI;
( 4 ) Only DOE authorized persons may declassify matter marked as containing TFNI; and
( 5 ) DOE must review matter that potentially contains TFNI for public release.