1. (a) When the Director, Office of Classification, denies NSI, RD, FRD, or TFNI, or the NNSA Deputy Director, Deputy Administrator for Naval Reactors, denies Naval Nuclear Propulsion information, in matter requested under an MDR, the requester may appeal the determination to the Associate Under Secretary for Environment, Health, Safety and Security. The appeal must be received within 60 days of the receipt of the denial.

2. (b) The appeal must be in writing and submitted to the Director, Office of Environment, Health, Safety and Security, EHSS-1/Forrestal Building, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585. The appeal:

   1. (1) Must contain a concise statement of grounds upon which it is brought, and a description of the relief sought.
   2. (2) Must include a copy of the letter containing the determination being appealed.

   3. (3) Should include a discussion of all relevant authorities that include but are not limited to DOE (and predecessor agencies) rulings, regulations, interpretations, and decisions on appeals, as well as any judicial determinations being relied upon to support the appeal.

      Editorial Note:At 88 FR 41295, June 26, 2023, § 1045.210 was amended; however, a portion of the amendment could not be incorporated due to inaccurate amendatory instruction.

[83 FR 66007, Dec. 21, 2018, as amended at 88 FR 41295, June 26, 2023]