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| General Provisions | 725.1 – 725.7 | ||||||||||||||||||||||
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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 - General Provisions
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Nomenclature changes to part 725 appear at 88 FR 41292, June 26, 2023.
This part establishes procedures and standards for the issuance of an Access Permit to any person subject to this part who requires access to Restricted Data applicable to civil uses of atomic energy for use in his business, trade or profession; provides for the amendment, renewal, suspension, termination and revocation of an Access Permit; and specifies the terms and conditions under which the Director, Office of Environment, Health, Safety and Security will issue the Permit.
[41 FR 56778, Dec. 30, 1976, as amended at 71 FR 68732, Nov. 28, 2006; 88 FR 41292, June 26, 2023]
The regulations in this part apply to any person within or under the jurisdiction of the United States who desires access to Restricted Data for use in his business, profession or trade.
As used in this part:
(a) Access Permit means a permit, issued by the Administrator authorizing access by the named permittee to Restricted Data applicable to civil uses of atomic energy in accordance with the terms and conditions stated on the permit.
(b) Act means the Atomic Energy Act of 1954 (68 Stat. 919), including any amendments thereto.
(c) Category means a category of Restricted Data designated in appendix A to the regulations in this part.
(d) Director of the Office of Environment, Health, Safety and Security means the DOE official to whom the Secretary assigns the authority to develop policy and technical assistance; safety analysis; and organizational safety and security programs, or the Director's duly authorized representatives.
(e) DOE means the Department of Energy.
(f) Permittee means the holder of a permit issued pursuant to the regulations in this part.
(g) Person means
(1) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than DOE, any state or any political subdivision of, or any political entity within a state, or other entity; and
(2) any legal successor, representative, agent, or agency of the foregoing.
(h) Restricted Data means all data concerning
(1) design, manufacture or utilization of atomic weapons;
(2) the production of special nuclear material; or
(3) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Act.
(i) Government Confidential Commercial Information means sensitive commercial information not including Restricted Data, generated by the government, the release of which could put the government at a competitive disadvantage in providing enrichment services.
[41 FR 56778, Dec. 30, 1976, as amended at 52 FR 30139, Aug. 13, 1987; 71 FR 68732, Nov. 28, 2006; 88 FR 41293, June 26, 2023]
Except as specifically authorized by the Director, Office of Environment, Health, Safety and Security in writing no interpretation of the meaning of the regulations in this part by any officer or employee of DOE other than a written interpretation by the General Counsel will be recognized to be binding upon DOE.
[41 FR 56778, Dec. 30, 1976, as amended at 71 FR 68732, Nov. 28, 2006; 88 FR 41292, June 26, 2023]
All communications concerning this part should be addressed to the Director, Office of Environment, Health, Safety and Security, EHSS-1, U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585.
[71 FR 68732, Nov. 28, 2006, as amended at 88 FR 41293, June 26, 2023]
For administrative purposes DOE has categorized Restricted Data which will be made available to permittees in the categories as set forth in appendix A to this part. Top Secret information; information pertaining to the design, manufacture or utilization of atomic weapons; and defense information other than Restricted Data are not included in these categories and will not be made available under this part.
The Director, Office of Environment, Health, Safety and Security may, upon application of any interested party, grant such waivers from the requirements of this part as he determines are authorized by law and will not constitute an undue risk to the common defense and security.
[41 FR 56778, Dec. 30, 1976, as amended at 71 FR 68732, Nov. 28, 2006; 88 FR 41292, June 26, 2023]