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<br />10804
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<br />1. Section 25.5 of 10 CFR part 25 Is re-
<br />vised to read as follows:
<br />
<br />ti 25.5 Communications_
<br />
<br />Communications concerning rolema.k~
<br />lng, i.e., petition to change part 25.
<br />should be addressed to Secretary. U.S.
<br />Atomic Energy Commission. Washing-
<br />ton, D.C. 20545. Except with respect to
<br />category C-24, all other communications
<br />concerning the regulations in this part
<br />and applications filed WIder them,
<br />should be addressed to the Commission
<br />Operations omce listed in appendix "B"
<br />at this part responsible for the geo-
<br />graphical area in which (a) the appli-
<br />cant's principal place of business is lo-
<br />cated. or (b) the principal place where
<br />the applicant will use the restricted data
<br />is located.
<br />
<br />~ 25.11 [Amended]
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<br />2. Paragraph (a) of 125.11 of 10 CPR
<br />part 25 is amended by adding the follow-
<br />ing sentence at the end thereof: "Ap-
<br />plications for access to restricted data in
<br />category C-24 isotope separation. should
<br />be submitted to the Oak Ridge Opera.
<br />tions Office."
<br />3. Paragraph (e) (7) of 125.11 of 10
<br />CFR part 25 is amended by revising the
<br />last sentence thereof to read as follows:
<br />"In addition, if access to secret restricted
<br />data In category C-65, plutonium produc-
<br />tJon, or restricted data in category C-24,
<br />isotope separation, is requested, the ap-
<br />plication should also include sufficient in-
<br />formation to satisfY the requirements of
<br />I 25.15(b) (2) or (31,astheew;emaybe."
<br />4. In I 25.15, paragraphs (a). (b)(1l,
<br />(bl (3) are amended to read as follows:
<br />
<br />!} 25.15 Requiremenl8 lor Dpprm:w or
<br />appliCalions.
<br />
<br />(a) An application for an access per-
<br />mit authorizing access to confidential re-
<br />stricted data in the categories set forth
<br />In appendix A of this part (except C-
<br />91 and C-24) wUl be approved only if
<br />the application demonstrates that the
<br />applicant has a potential use or applica-
<br />tion for such data in his business, trade,
<br />or profession and has filed a complete
<br />application form.
<br />(b) (1) An application for an access
<br />permit authorizing access. to restricted
<br />data in category C-24 or secret restricted
<br />data in other categories will be approved
<br />only if the application d.emonstrates that
<br />the applicant has a need for such data
<br />in his business, trade, or profession and
<br />has filed a complete application form.
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<br />(3) An application for an access per-
<br />mit authorizing access to restricted data
<br />in category C-24, isotope separat1on-
<br />subcategory A or B-will be approved
<br />only "if the appl1cation demonstrates also
<br />that the applicant:
<br />(1) Possesses Qualifications demon-
<br />strating that the applicant is potentially
<br />capable of undertaking or participating
<br />significantly in the construction and op-
<br />eration of large, complex prOduction or
<br />manufacturing facilities and offers rea-
<br />sonable assurance of adequacy of re-
<br />sources to carry on, alone or with others,
<br />
<br />RULES AND REGULATIONS
<br />
<br />urantwn enrichment on a production
<br />basis or the large-scale manufacture or
<br />assembly of precision equipment sys-
<br />tems; is not a corporation or entity
<br />owned, controlled, or domInated by an
<br />alien. a foreign corporation, or a foreIgn
<br />government: and
<br />(a) For subcategory A, desires to de-
<br />termine its interest in participating sig-
<br />nificanUy tn a substantial effort to de-
<br />velop, design, build, and operate a
<br />uranium enrichment facility or a facility
<br />for the manuladure of uranium enrich-
<br />ment equipment.
<br />(b) For subcategory B, proposes to
<br />participate significantly in, or is directly
<br />participating significantly in, a substan-
<br />tial effort to evaluate alternative proc-
<br />esses, develop, design, build and operate
<br />a uranium enrichment facility or a facti.
<br />ity for the manufacture of uranium en-
<br />richment equipment, or
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<br />ties to the United states - and. at the
<br />request of the Commission, to domestIc
<br />and foreign persons, to use in the pro-
<br />duction or enrichment of special nuclear
<br />material any U.S. patent or any U.S.
<br />patent application (othemse in cond1.
<br />tion for allowance except for a secrecy
<br />order thereon) on any invention or dis-
<br />covery made or conceived by the per-
<br />mittee, its employees, or others engaged
<br />by the permittee in the course of the
<br />permittee's work under the access per-
<br />mit. or as a result of access to data. or
<br />information made available by the Com-
<br />mission.
<br />(2) The permittee agrees to grant to
<br />the United States, and, at the request of
<br />the COmm1ssion, to domestic and for-
<br />eign persons, the right at reasonable
<br />royalties to use for research, develop-
<br />ment, or manufacturing programs for
<br />the production or enrichment of speciaJ.
<br />nuclear material, any technical informa-
<br />tion or data, including economic evalu-
<br />ations thereof, of a proprietary nature
<br />developed by the pennittee, its em-
<br />ployees, or others engaged by the per-
<br />mittee in the course of the permittee's
<br />work under the access pennit or as are.
<br />sult of access to data or information
<br />made available by- the Conunission and
<br />not covered by a U.8. patent or U.S.
<br />patent application referred to in para-
<br />graph (d) (1) of this section. U the Com-
<br />mission disseminates any such proprie.
<br />tary technical Information or data in its
<br />possession to any of its contractors for
<br />use in any COmm.ission research, devel-
<br />opment, production, or manufacturing
<br />programs, it wlU do so under contractual
<br />provisions pursuant to which the con-
<br />tractor would undertake to use this in-
<br />formation only for the work under the
<br />pertinent Conunission contract. Not-
<br />withstanding the foregoing provisIons of
<br />this SUbparagraph, the permittee waives
<br />any claim against the Conunission for
<br />compensation or otherwise, in connec-
<br />tion with any use or dissemination of
<br />information or data not specifically
<br />Identified and claimed by the pennittee
<br />as proprietary in a written notice to the
<br />Commission at the time of the furnish-
<br />ing of the Information or data to the
<br />Commission. As used in this subpara-
<br />graph, the term "teclmical information
<br />or data, including economic evaluations
<br />thereof, of a proprietary nature" means
<br />informatton or data. which:
<br />(1) Is not the property of the Govern-
<br />ment by virtue of any agreement;
<br />(ll) Concerns the details of trade
<br />secrets or manUfacturing processes which
<br />the permittee has protected from us by
<br />others; and
<br />(ill) Is speCifically identified as pro-
<br />prietary at the time it is made avail-
<br />able to the Commission.
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<br />Technical information or data shall not
<br />be deemed proprietary in nature '\\'hen-
<br />ever substantiallY the same technical
<br />information 1.s available to the Com.
<br />mission which has been prepared, devel-
<br />oped or funlished as nonproprietary in-
<br />formation by another source independ.
<br />ently of the proprietary lnlormation
<br />and data furnished by the permittee.
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<br />fEDERAL REGISTER, VOL. 38, NO, 84-WEDNESDAY, MAY 2, 1973
<br />
<br />5. Paragraph (a) of i 25.22 of 10 CFR
<br />part 25 is revised to read as follows:
<br />
<br />S 25.22 St-ope of permil.
<br />
<br />(a) All access permits will as a mini-
<br />mum authorize access, SUbject to the
<br />terms and conditions of the access per-
<br />mit to confidential restricted data In all
<br />of the categories set forth in appendix
<br />A to this part, except C-91 and C-24.
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<br />6. In i 25.23. paragraph (e) (I), the
<br />last sentence of paragraph (c) (4), a.nd
<br />paragraph (d) are revised to read as
<br />follows:
<br />
<br />S 25.23 Terms and conditions or acces~..
<br />. ~..
<br />(c) Each permittee shall:
<br />(1) Comply with all applicable provi-
<br />sions of the Atomic Energy Act of 1954
<br />and with parts 95 and .110 of this chap-
<br />ter and with all other applicable rules.
<br />regulations, and orders of the Commis-
<br />ston, including such rules, regulations,
<br />and orders as the CommisSion may adopt
<br />or issue to effectuate the policies speci-
<br />fied in the act directing the Commission
<br />to strengthen free competition in private
<br />enterprise and avoid the creation or
<br />maintenance of a situation inconsistent
<br />with the antitrust laws.
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<br />(4) . . .
<br />In the case of an access permit author-
<br />izing access to restricted data in cate-
<br />gory C-24, isotope seperation, the agree-
<br />ment shall also provide for such re-
<br />QUirements as the permittee considers
<br />necessary for purposes of fulfilling Its
<br />obligations WIder paragraph (d) of this
<br />section.
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<br />(d) The following terms and condi-
<br />tions are applicable to an access permi t
<br />authorizing access to restricted data in
<br />category C-24, isotope separation irre-
<br />spective of whether access to the Com-
<br />mission's restricted data information Is.
<br />desired:
<br />(1) The permittee agrees to grant a
<br />nonexclusive license at reasonable royaJ.-
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