10 CFR Ch. III (1–1–03 Edition)

§ 725.30 10 CFR Ch. III (1–1–03 Edition)

grant the permit in the first instance, means and methods of transporting mate- or for violation of any of the terms and rials from one to another device. conditions of the Atomic Energy Act of C–44 Nuclear Technology. This category 1954 or rules, regulations or orders includes classified technical information issued pursuant thereto. A permittee concerning nuclear technology. It may con- tain information on the following: should request termination of his per- a. Materials, including metals, ceramics, mit when he no longer requires Re- organic and inorganic compounds. Included stricted Data for use in his business, are such technical areas as the technology trade or profession. and fabrication of fuel elements, corrosion studies, cladding techniques and radiation § 725.30 Exceptions and additional re- studies. quirements. b. Chemistry, chemical engineering and radiochemistry of all the elements and their Notwithstanding any other provision compounds. Included are techniques and in the regulations in this part, the Ad- processes of chemical separations, radio- ministrator may deny an application active waste handling and feed material for an access permit or suspend or re- processing. voke any access permit, or incorporate c. Reactor physics, engineering and tech- additional conditions or requirements nology including theory, design, criticality studies and operation of reactors, reactor in any access permit, upon finding that systems and reactor components. such denial, revocation or the incorpo- d. Reserved. ration of such conditions and limita- e. Lithium isotope separation technology. tions is necessary or appropriate in the This subcategory includes classified tech- interest of the common defense and se- nical information on the separation of lith- curity or is otherwise in the public in- ium isotopes by using counter-current flows terest. of lithium amalgam and aqueous lithium hy- droxide solution in packed columns. Not included is information regarding plant design § 725.31 Violations. and operating conditions from which total An injunction or other court order production rates or design capacity of the may be obtained prohibiting any viola- lithium isotope separation plant (Colex) in tion of any provision of the Act or any Oak Ridge, Tennessee, can be inferred. In ad- dition to the other requirements of this part, regulation or order issued thereunder. access permits for Restricted Data in this Any person who willfully violates any subcategory will be approved, provided the provision of the Act or any regulation permittee: or order issued thereunder may be 1. Demonstrates that it is not a corpora- guilty of a crime and, upon conviction, tion or entity owned, controlled or domi- may be punished by fine or imprison- nated by an alien, a foreign corporation, or a ment or both, as provided by law. foreign government, and 2. Agrees to insertion in his access permit of the terms and conditions: APPENDIX A TO PART 725—CATEGORIES (i) Set forth in paragraphs (a) and (b) of OF RESTRICTED DATA AVAILABLE § 725.23 of this part; (ii) Set forth in paragraph (c) of § 725.23 of C–24 Isotope separation.—This category is this part, amended by deleting the phrase divided into subcategories A and B. ‘‘category C–24, isotope separation,’’ and in- Subcategory A includes information in serting in lieu thereof the phrase ‘‘sub- summary form concerning the status and po- category C–44e, lithium isotope separation tential of the gaseous diffusion and gas cen- technology’’; trifuge processes for the separation of ura- (iii) Set forth in paragraph (d) of § 725.23 of nium isotopes. this part, amended by: Subcategory B includes information on the (A) Deleting the phrases ‘‘production or en- following: richment of special nuclear material’’ and a. Any aspect of separating one or more ‘‘separation of isotopes’’ wherever they ap- isotopes of uranium from a composition con- pear, and inserting in lieu thereof the phrase taining a mixture of isotopes of that element ‘‘separation of isotopes of lithium’’; by the gas centrifuge or gaseous diffusion (B) Deleting the phrase ‘‘domestic com- processes. mercial uranium enriching services are pro- b. Design, construction, and operation of vided by,’’ and inserting in lieu thereof the any plant, facility or device capable of sepa- phrase ‘‘domestic lithium isotope separation rating by the gas centrifuge or gaseous diffu- capacity becomes available to.’’ sion processes one or more isotopes of ura- This category does not include information nium from a composition containing a mix- which reveals or from which can be cal- ture of isotopes of that element, including culated actual or planned (as distinguished

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from design) capacities, production rates and or other environmental conditions char- unit costs for the plutonium production pro- acteristic of rocket reactors. gram. This category does not include information C–65 Plutonium Production. This cat- on: egory includes information on reactor, fuel a. Design details of weapons systems or nu- element and separations technology which clear warheads. reveals or from which can be calculated ac- b. Military operational techniques or char- tual or planned (as distinguished from de- acteristics. c. General aspects of payload and aero- sign) capacities, production rates and unit dynamic characteristics. costs for the Hanford and Savannah River d. Design details and development, infor- production facilities. mation of components and subsystems of the Technology which does not reveal or en- nuclear rocket engine other than that asso- able calculation of production rates and unit ciated with the reactor system. costs of Hanford or Savannah River production facilities is categorized in C–44 Nuclear C–92 Systems for Nuclear Auxiliary Technology. Power (SNAP). This category includes information on: C–90 Nuclear Reactors for Ram-Jet Pro- a. Isotopic SNAP Program, including the- pulsion. This category includes information ory, design, research and development, fab- on: rication, test procedures and results for the a. Programs pertaining to the development device, including power conversion device of nuclear reactors for application to ram-jet and the fuels used. propulsion systems including theory and/or b. Reactor SNAP Program, including the- design, test philosophy procedures and/or re- ory, design, research and development, fab- sults. rication, test procedures and results for the b. Fabrication technology and evaluation reactor, including the directly associated of performance or characteristics of mate- power conversion device when developed by rials or components for such reactors. DOE. c. Controls, control systems and instru- This category does not include that tech- mentation relating to the design or technical and scientific data developed under the nology of such reactors. SNAP Advanced Concept Program which d. Data pertaining to heat transfer, propel- should be reported in C–93. lant kinetics or corrosion and erosion of ma- C–93 Advanced Concepts for Future Appli- terials under conditions of high temperature, cation. high gas flows or other environmental conditions characteristic of ram-jet propulsion C–93a Reactor Experiments. This cat- systems. egory includes classified technical informa- This category does not include information tion developed in the pursuit of work on new on: or advanced concepts of reactors or compo- a. Design details of weapons systems or nu- nents which DOE considers essential to fu- clear warheads. ture growth or for general application to future generations of reactors. Classified infor- b. Military operational techniques or char- mation developed in the pursuit of work on acteristics. the lithium cooled reactor experiment is an c. General aspects of nuclear ram-jet mis- example of the type of information to be re- siles, such as payload, aerodynamic charac- ported in this category, i.e., information re- teristics, guidance systems, physical size, sulting from an experimental reactor project gross weight, thrust and information of this or component development which may have kind which is associated with utilization of a many future applications but which is not nuclear ram-jet propulsion system. currently being pursued to meet the specific C–91 Nuclear Reactors for Rocket Propul- needs of an approved requirement for which sion. This category includes information on: other information categories have been pro- a. Programs pertaining to nuclear reactors vided. For example, classified technical infor rocket propulsion, i.e., missile propul- formation developed in the pursuit of work sion, theory and/design, test philosophy pro- on Naval, Ram-Jet or Rocket nuclear reac- cedures and/or results. tors would not be reported here but under b. Design, fabrication technology and eval- their respective specific categories. This cat- uation of performance or characteristics of egory will include classified technical infor- material, components, or subsystems or nu- mation on the following: clear rocket reactors. a. Theory, design, and performance, either c. Controls, control systems and instru- estimated or actual. mentation relating to the design or tech- b. Design details, composition and per- nology of rocket reactor systems. formance characteristics of major compo- d. Data pertaining to heat transfer, propel- nents (e.g., fuel media, reflectors, modera- lant kinetics or corrosion and erosion of tors, heat exchangers, pressure shells or con- rocket reactor system materials under con- tainment devices, control rods, conversion ditions of high temperature, high gas flows, devices, instrumentation and shielding).

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c. Material (metals, ceramics and com- San Francisco Operations Office, U.S. De- pounds) development, alloying, cladding, partment of Energy, 2111 Bancroft Way, corrosion, erosion, radiation studies and fab- Berkeley 4, California 94612: California, rication techniques. Colorado, Hawaii, Idaho, Montana, Nevada, d. Chemistry, including chemical engineer- Utah, Wyoming, and U.S. Pacific Terri- ing, processes and techniques. Reactor phys- tories. ics, engineering and criticality studies. Savannah River Operations Office, U.S. De- C–93b Conversion Devices. This category partment of Energy, P.O. Box A, Aiken, includes classified technical information de- South Carolina 29810: Alabama, Florida, veloped in the pursuit of studies, designs, re- Georgia, North Carolina, and South Caro- search and development, fabrication and op- lina. eration of any energy conversion device to be used with nuclear energy sources which is [41 FR 56778, Dec. 30, 1976, as amended at 44 not being applied to a specific system devel- FR 37939, June 29, 1979] opment project. C–94 Military Compact Reactor (MCR). PART 745—PROTECTION OF This category includes classified technical information on the actual or planned Mili- HUMAN SUBJECTS tary Compact Reactor and its components developed in the pursuit of studies, designs, Sec. research and development, fabrication, and 745.101 To what does this policy apply? operation of the reactor system or its com- 745.102 Definitions. ponents. 745.103 Assuring compliance with this Examples of the areas of information in- policy—research conducted or supported cluded are: by any Federal department or agency. a. Reactor core physics. b. Fuel elements and fuel element compo- 745.104–745.106 [Reserved] nents. 745.107 IRB membership. c. Moderator and reflector details. 745.108 IRB functions and operations. d. Data on primary coolant system. 745.109 IRB review of research. e. Radiation shield. 745.110 Expedited review procedures for cer- f. Controls and instrumentation. tain kinds of research involving no more This category does not include information than minimal risk, and for minor on military operational characteristics or changes in approved research. techniques. 745.111 Criteria for IRB approval of re- [41 FR 56778, Dec. 30, 1976, as amended at 44 search. FR 37939, June 29, 1979] 745.112 Review by institution. 745.113 Suspension or termination of IRB APPENDIX B TO PART 725—DOE’S OPER- approval of research. ATIONS OFFICES AND GEOGRAPHICAL 745.114 Cooperative research. AREAS OF RESPONSIBILITIES 745.115 IRB records. 745.116 General requirements for informed Albuquerque Operations Office, U.S. Depart- consent. ment of Energy, P.O. Box 5400, Albu- querque, New Mexico 87115: Arizona, Kan- 745.117 Documentation of informed consent. sas, New Mexico, Oklahoma, and Texas. 745.118 Applications and proposals lacking Chicago Operations Office, U.S. Department definite plans for involvement of human of Energy, 9800 South Cass Avenue, Ar- subjects. gonne, Illinois 60439: Connecticut, Dela- 745.119 Research undertaken without the in- ware, District of Columbia, Illinois, Indi- tention of involving human subjects. ana, Iowa, Maine, Maryland, Massachu- 745.120 Evaluation and disposition of appli- setts, Michigan, Minnesota, Nebraska, cations and proposals for research to be North Dakota, New Hampshire, New Jer- conducted or supported by a Federal de- sey, New York, Ohio, Pennsylvania, Rhode partment or agency. Island, South Dakota, Vermont, and Wis- 745.121 [Reserved] consin. 745.122 Use of Federal funds. Richland Operations Office, U.S. Department 745.123 Early termination of research sup- of Energy, P.O. Box 550, Richland, Wash- ington 99352: Alaska, Oregon, and Wash- port: Evaluation of applications and pro- ington. posals. Oak Ridge Operations Office, U.S. Depart- 745.124 Conditions. ment of Energy, P.O. Box E, Oak Ridge, AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 7254; 42 Tennessee 37830: Arkansas, Kentucky, Lou- U.S.C. 300v–1(b). isiana, Mississippi, Missouri, Panama Canal Zone, Puerto Rico, Tennessee, Vir- SOURCE: 56 FR 28012, 28018, June 18, 1991, ginia, Virgin Islands, and West Virginia. unless otherwise noted.

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