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| Applications | 725.11 – 725.15 | ||||||||||||||||
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Sec. 161 of the Atomic Energy Act of 1954, as amended, 68 Stat. 943, 42 U.S.C. 2201.
41 FR 56778, Dec. 30, 1976, unless otherwise noted.
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Subscribe to: 10 CFR Part 725 - Applications
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Nomenclature changes to part 725 appear at 88 FR 41292, June 26, 2023.
(a) Any person desiring access to Restricted Data pursuant to this part should submit an application (Form 378), in triplicate, for an access permit to the Director, Office of Environment, Health, Safety and Security, EHSS-1, U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585.
(b) Where an individual desires access to Restricted Data for use in the performance of his duties as an employee, the application for an access permit must be filed in the name of his employer.
(c) Self-employed private consultants, desiring access to Restricted Data, must file the application in their own name for an individual access permit.
(d) Each application should contain the following information:
(1) Name of applicant (unincorporated subsidiaries or divisions of a corporation must apply in the name of the corporation);
(2) Address of applicant;
(3) Description of business or occupation of applicant; and
(4)
(i) If applicant is an individual, state citizenship.
(ii) If applicant is a partnership, state name, citizenship and address of each partner and the principal location where the partnership does business.
(iii) If applicant is a corporation or an unincorporated association, state:
(A) The state where it is incorporated or organized and the principal location where it does business;
(B) The names, addresses and citizenship of its directors and of its principal officers;
(C) Whether it is owned, controlled or dominated by an alien, a foreign corporation, or foreign government, and if so, give details.
(iv) If the applicant is acting as agent or representative of another person in filing the application, identify the principal and furnish information required under this subparagraph with respect to such principal;
(5) Total number of full-time employees;
(6) Classification of Restricted Data (Confidential or Secret) to which access is requested;
(7) Potential use of the Restricted Data in the applicant's business, profession or trade. If access to Secret Restricted Data is requested, list the specific categories by number and furnish detailed reasons why such access within the specified categories is needed by the applicant. The need for Secret information should be stated by describing its proposed use in specific research, design, planning, construction, manufacturing, or operating projects; in activities under licenses issued by Nuclear Regulatory Commission; in studies or evaluations planned or under way; or in work or services to be performed for other organizations. In addition, if access to secret restricted data in category C-65, plutonium production, or restricted data in category C-24, isotope separation, is requested, the application should also include sufficient information to satisfy the requirements of § 725.15(b) (2) or (3), as the case may be.”
(8) Principal Location(s) at which Restricted Data will be used.
(e) Applications should be signed by a person authorized to sign for the applicant.
(f) Each application shall contain complete and accurate disclosure with respect to the real party or parties in interest and as to all other matters and things required to be disclosed.
[41 FR 56778, Dec. 30, 1976, as amended at 71 FR 68732, Nov. 28, 2006; 88 FR 41293, June 26, 2023]
The following persons are not eligible to apply for an access permit:
(a) Corporations not organized under the laws of the United States or a political subdivision thereof.
(b) Any individual who is not a citizen of the United States.
(c) Any partnership not including among the partners one or more citizens of the United States; or any other unincorporated association not including one or more citizens of the United States among its principal officers.
(d) Any organization which is owned, controlled or dominated by the Government of, a citizen of, or an organization organized under the laws of a country or area listed as a Subgroup A country or destination in § 371.3 (15 CFR 371.3) of the Comprehensive Export Schedule of the United States Department of Commerce.
(e) Persons subject to the jurisdiction of the United States who are not doing business within the United States.
The Director, Office of Environment, Health, Safety and Security may, at any time after the filing of the original application and before the termination of the permit, require additional information in order to enable the Director, Office of Environment, Health, Safety and Security to determine whether the permit should be granted or denied or whether it should be modified or revoked.
[41 FR 56778, Dec. 30, 1976, as amended at 71 FR 68732, Nov. 28, 2006; 88 FR 41292, June 26, 2023]
Applications and documents submitted to DOE in connection with applications may be made available for public inspection in accordance with the regulations contained in part 702 of this chapter.
(a) An application for an access permit authorizing access to confidential restricted data in the categories set forth in appendix A of this part (except C-91 and C-24) will be approved only if the application demonstrates that the applicant has a potential use or application for such data in his business, trade, or profession and has filed a complete application form.
(b)
(1) An application for an access permit authorizing access to restricted data in category C-24 or secret restricted data in other categories will be approved only if the applicant has a need for such data in his business, trade, or profession and has filed a complete application form.
(2) An application for an access permit authorizing access to Secret Restricted Data in category C-65 Plutonium Production will be approved only if the application demonstrates also that the applicant:
(i) Is directly engaged in a substantial effort to develop, design, build or operate a chemical processing plant or other facility related to his participation in the peaceful uses of atomic energy for which such production rate and cost data are needed; or
(ii) Is furnishing to a permittee having access to C-65 under paragraph (b)(2)(i) of this section, substantial scientific, engineering or other professional services to be used by said permittee in carrying out the activities for which said permittee received access to category C-65.
(3) An application for an access permit authorizing access to Restricted Data in category C-24, isotope separation—subcategory A or B—will be approved only if the application demonstrates also that the applicant:
(i) Possesses technical, managerial and financial qualifications demonstrating that the applicant is potentially capable of undertaking or participating significantly in the construction and/or operation of production or manufacturing facilities and offers reasonable assurance of adequacy of resources to carry on, alone or with others, uranium enrichment on a production basis or the large-scale manufacture or assembly of precision equipment systems, or is potentially capable of utilizing centrifuge machines in its business for uranium enrichment or for purposes other than uranium enrichment; and is not subject to foreign ownership, control, or influence; and
(A) For subcategory A, desires to determine its interest in participating significantly in a substantial effort to develop, design, build, and operate a uranium enrichment facility or a facility for the manufacture of uranium enrichment equipment.
(B) For subcategory B, proposes to
(1) participate significantly in, or is directly participating significantly in, a substantial effort to evaluate alternative processes, develop, design, build, and operate a uranium enrichment facility or a facility for the manufacture of uranium enrichment equipment, or
(2) utilize centrifuge machines and related equipment in its business for uranium enrichment or for purposes other than uranium enrichment, or
(ii) Is furnishing to a permittee having access to Category C-24 under the paragraph (b)(3)(i) of this section substantial scientific, engineering, or other professional services to be used by said permittee in carrying out the activities for which said permittee received access to Category C-24.
(4) An application for an access permit authorizing access to Confidential and Secret Restricted Data in C-91, Nuclear Reactors for Rocket Propulsion, will be approved only if the application demonstrates also that the applicant:
(i) Possesses qualifications demonstrating that he is capable of making a contribution to research and development in the field of nuclear reactors for rocket propulsion and is directly engaged in or proposes to engage in a substantial research and development program in such field of work; or
(ii) Is engaged in or proposes to engage in a substantial study program in the field of nuclear reactors for rocket propulsion preparatory to the submission of a research and development proposal to DOE; or
(iii) Is furnishing to a permittee having access under paragraph (b)(4) (i) or (ii) of this section substantial scientific, engineering or other professional services to be used by that permittee in a study or research and development program for which said permittee received access.
[41 FR 56778, Dec. 30, 1976, as amended at 52 FR 30139, Aug. 13, 1987]