§ 1017.9 Nuclear material determinations.

(a) The Secretary may determine that a material other than special nuclear material, byproduct material, or source material as defined by the Atomic Energy Act is included within the scope of the term “nuclear material” if it meets the following criteria: (1) The material is used in the production, testing, utilization, or assembly of nuclear weapons or components of nuclear weapons; and (2) Unauthorized acquisition of the material could reasonably be expected to result in a significant adverse effect on the health and safety of the public or the common defense and security because the specific material: (i) Could be used as a hazardous radioactive environmental contaminant; or (ii) Could be of significant assistance in the illegal production of a nuclear weapon. (b) Designation of a material as a nuclear material under paragraph (a) of this section does not make all information about the material UCNI. Specific information about the material must still meet each of the criteria in § 1017.7 prior to its being identified and controlled as UCNI.