18 CFR § 3a.12 - Authority to classify official information.
(a) The authority to classify information or material originally under E.O. 11652 is restricted to those offices within the executive branch which are concerned with matters of national security, and is limited to the minimum number absolutely required for efficient administration.
(b) The authority to classify information or material originally as Top Secret is to be exercised only by such officials as the President may designate in writing and by the heads of the following departments and agencies and such of their principal staff officials as the heads of these departments and agencies may designate in writing;
(c) The authority to classify information or material originally as Secret is exercised only by:
(1) Officials who have Top Secret classification authority under § 3a.11(b); and
(2) The heads of the following departments and agencies and such principal staff officials as they may designate in writing:
(d) The authority to classify information or material originally as Confidential is exercised by officials who have Top Secret or Secret classification authority.
(e) Pursuant to E.O. 11652, the authority to classify information or material originally as Secret or Confidential in the FERC shall be exercised only by the Chairman, the Vice Chairman, and the Executive Director. When an incumbent change occurs in these positions, the name of the new incumbent will be reported to the Interagency Classification Review Committee NSC.