-7- 
such prohibtion exists here. Moreover, the courts have held that the 
research designs and protocols of non-commercial scientist^ are not 
trade secrets and therefore must be revealed to the public under 
5 U.S.C. §552. Washington Research Project v. Department of Health 
Education and Welfare 504 F.2d 238(1974). This decision applies to 
all recombinant DNA activities regardless of whether the investigator 
plans to Seek a patent on his research. In addition none of the 
information EDF maintains should be available to the public meets the 
test for confidential commercial information contained in National 
Parks and Conservation Association v. Morton (498 F.2d 765(1974)). 
' 1 
EDF 'maintains that no changes in ongoing recombinant DNA projects 
subject to the guidelines should be allowed without NIH approval. 
The error rate of IBC's has been variously estimated at 4-15% 'by NIH's 
Office of Recombinant DNA Activities (ORDA) . The turn around time for 
ORDA review of an IBC assessment of containment requirements is 4-5 Iji 
days. For these two reasons, EDF maintains that no changes should be 
allowed without ORDA approval. To speed up the turn around time, EDF 
suggests that ORDA be given additional staff. There are presently only 
two people reviewing IBC assessments of containment requirements. 
[ 288 ] 
