Department of Energy § 810.2

and the Department of Defense, to au- mally contain or come in direct con- thorize persons to directly or indi- tact with or control the primary cool- rectly engage or participate in the de- ant of the reactor core; velopment or production of special nu- (6) Development, production or use of clear material outside the United production accelerator-driven subcrit- States. The purpose of the regulations ical assembly systems; in this part is to: (7) Heavy water production and hy- (a) Identify activities that are gen- drogen isotope separation when the erally authorized by the Secretary and technology or process has reasonable thus require no other authorization potential for large-scale separation of under this part; deuterium (2H) from protium (1H); (b) Identify activities that require (8) Reprocessing of irradiated nuclear specific authorization by the Secretary fuel or targets containing special nu- and explain how to request authoriza- clear material, and post-irradiation ex- tion; and (c) Specify reporting requirements amination of fuel elements, fuel assem- for authorized activities. blies and cladding thereof, if it is part of a reprocessing program; and § 810.2 Scope. (9) The transfer of technology for the (a) Part 810 (this part) applies to: development, production, or use of (1) All persons subject to the jurisdic- equipment or material especially de- tion of the United States who directly signed or prepared for any of the above or indirectly engage or participate in listed activities. (See Nuclear Regu- the development or production of any latory Commission regulations at 10 special nuclear material outside the CFR part 110, Appendices A through K, United States; and and O, for an illustrative list of items (2) The transfer of technology that considered to be especially designed or involves any of the activities listed in prepared for certain listed nuclear ac- paragraph (b) of this section either in tivities.) the United States or abroad by such (c) This part does not apply to: persons or by licensees, contractors or (1) Exports authorized by the Nuclear subsidiaries under their direction, su- Regulatory Commission, Department pervision, responsibility, or control. of State, or Department of Commerce; (b) The activities referred to in para- (2) Transfer of publicly available in- graph (a) of this section are: formation, publicly available tech- (1) Chemical conversion and purifi- nology, or the results of fundamental cation of uranium and thorium from research; milling plant concentrates and in all (3) Uranium and thorium mining and subsequent steps in the nuclear fuel milling (e.g., production of impure cycle; source material concentrates such as (2) Chemical conversion and purifi- uranium yellowcake and all activities cation of plutonium and neptunium; prior to that production step); (3) Nuclear fuel fabrication, including (4) Nuclear fusion reactors per se, ex- preparation of fuel elements, fuel as- semblies and cladding thereof; cept for supporting systems involving (4) Uranium isotope separation (ura- hydrogen isotope separation tech- nium enrichment), plutonium isotope nologies within the scope defined in separation, and isotope separation of paragraph (b)(7) of this section and any other elements (including stable § 810.7(c)(3); isotope separation) when the tech- (5) Production or extraction of radio- nology or process can be applied di- pharmaceutical isotopes when the rectly or indirectly to uranium or plu- process does not involve special nu- tonium; clear material; and (5) Nuclear reactor development, pro- (6) Transfer of technology to any in- duction or use of the components with- dividual who is lawfully admitted for in or attached directly to the reactor permanent residence in the United vessel, the equipment that controls the States or is a protected individual level of power in the core, and the under the Immigration and Naturaliza- equipment or components that nor- tion Act (8 U.S.C. 1324b(a)(3)).

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(d) Persons under U.S. jurisdiction Fissile materials are uranium-235, ura- are responsible for their foreign licens- nium-233, plutonium-239, and pluto- ees, contractors, or subsidiaries to the nium-241. extent that the former have control Foreign national means an individual over the activities of the latter. who is not a citizen or national of the United States, but excludes U.S. lawful § 810.3 Definitions. permanent residents and protected in- As used in this part 810: dividuals under the Immigration and Agreement for cooperation means an Naturalization Act (8 U.S.C. agreement with another nation or 1324b(a)(3)). group of nations concluded under sec- Fundamental research means basic tions 123 or 124 of the Atomic Energy and applied research in science and en- Act. gineering, the results of which ordi- Assistance means assistance in such narily are published and shared broadly forms as instruction, skills, training, within the scientific community, as working knowledge, consulting serv- distinguished from proprietary re- ices, or any other assistance as deter- search and from industrial develop- mined by the Secretary. Assistance ment, design, production, and product may involve the transfer of technical utilization, the results of which ordi- data. narily are restricted for proprietary or Atomic Energy Act means the Atomic national security reasons. Energy Act of 1954, as amended. General authorization means an au- Classified information means national thorization granted by the Secretary security information classified under under section 57 b.(2) of the Atomic En- Executive Order 13526 or any prede- ergy Act to provide assistance or tech- cessor or superseding order, and Re- nology to foreign atomic energy activi- stricted Data classified under the ties subject to this part and which does Atomic Energy Act. not require a request for, or the Sec- Cooperative enrichment enterprise retary’s issuance of, a specific author- means a multi-country or multi-com- ization. pany (where at least two of the compa- IAEA means the International Atom- nies are incorporated in different coun- ic Energy Agency. tries) joint development or production NNPA means the Nuclear Non-Pro- effort. The term includes a consortium liferation Act of 1978, 22 U.S.C. 3201 et of countries or companies or a multi- seq. national corporation. NPT means the Treaty on the Non- Country, as well as government, na- Proliferation of Nuclear Weapons, done tion, state, and similar entity, shall be on July 1, 1968. read to include Taiwan, consistent Nuclear reactor means an apparatus, with section 4 of the Taiwan Relations other than a nuclear explosive device, Act (22 U.S.C. 3303). designed or used to sustain nuclear fis- Development means any activity re- sion in a self-sustaining chain reaction. lated to all phases before production Operational safety means the capa- such as: Design, design research, design bility of a reactor to be operated in a analysis, design concepts, assembly manner that complies with national and testing of prototypes, pilot produc- standards or requirements or widely- tion schemes, design data, process of accepted international standards and transforming design data into a prod- recommendations to prevent uncon- uct, configuration design, integration trolled or inadvertent criticality, pre- design, and layouts. vent or mitigate uncontrolled release DOE means the U.S. Department of of radioactivity to the environment, Energy. monitor and limit staff exposure to ra- Enrichment means isotope separation diation and radioactivity, and protect of uranium or isotope separation of off-site population from exposure to ra- plutonium, regardless of the type of diation or radioactivity. Operational process or separation mechanism used. safety may be enhanced by providing Fissile material means isotopes that expert advice, equipment, instrumenta- readily fission after absorbing a neu- tion, technology, software, services, tron of any energy, either fast or slow. analyses, procedures, training, or other

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