---
kind: "section"
citation: "10 C.F.R. § 1045.195"
title: "10"
number: "1045.195"
heading: "Is any matter exempt from MDR requests?"
url: "https://uscodex.org/cfr/10/1045.195"
---

# §1045.195. Is any matter exempt from MDR requests?

- (a) **MDR requests are not accepted for—**
  - (1) Matter containing RD technical engineering, blueprints, and design regarding nuclear weapons, if they contain no NSI.
  - (2) Matter required to be submitted for prepublication review or other administrative process pursuant to an approved nondisclosure agreement;
  - (3) Matter that is the subject of pending litigation; or
  - (4) Any matter contained within an operational file exempted from search and review, publication, and disclosure under the FOIA in accordance with law.
- (b) Current Presidential records as described in [section 3.5(b)](/cfr/10/3.5.md?p=b) of E.O. 13526 or successor orders that are in the custody of DOE are exempt from release in response to an MDR request.

## Notes

### Authority

Authority: 42 U.S.C. 2011; E.O. 13526, 75 FR 705, 3 CFR 2010 Comp., pp. 298-327.

### Source

Source: 83 FR 66007, Dec. 21, 2018, unless otherwise noted.