Title 10--ENERGY
Chapter I--NUCLEAR REGULATORY COMMISSION


Energy Reorganization Act of 1974, as amended, Pub. L. 93-438, 88 Stat. 1233 (42 U.S.C. 5801 et seq.). This Act abolished the Atomic Energy Commission and, by section...


assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission Management Directives System and other NRC issuances,...


in the Washington, DC, area. Facilities for the service of process and papers are maintained in the State of Maryland at 11555 Rockville Pike, Rockville, Maryland...


of whom is designated by the President as Chairman, is established pursuant to section 201 of the Energy Reorganization Act of 1974, as amended. The Chairman is the...


and standards that govern NRC's financial and management audit program; (b) Plans, directs, and executes the long-range, comprehensive audit program; ...


was established by section 29 of the Atomic Energy Act of 1954, as amended. Consisting of a maximum of 15 members, it reviews and reports on safety studies and...


pursuant to section 191 of the Atomic Energy Act of 1954, as amended, conducts hearings for the Commission and such other regulatory functions as the...


advice to the Commission on all aspects of nuclear waste management, as appropriate, within the purview of NRC's regulatory responsibilities. The primary emphasis of...


1954, as amended, the Commission may establish advisory bodies to make recommendations to it. Currently, four committees are in existence. (a) The Advisory Committee...


section 25 of the Atomic Energy Act of 1954, as amended-- (a) Directs matters of law and legal policy, providing opinions, advice, and assistance to the agency...


(a) Monitors cases pending before presiding officers; (b) Provides the Commission with an analysis of any adjudicatory matter requiring a Commission decision...


(a) Provides general management services to support the Commission and to implement Commission decisions; and advises and assists the Commission and staff on the...


the Chairman, the Commission, and NRC staff on all NRC relations with Congress and the views of Congress toward NRC policies, plans and activities; (b) Maintains...


programs, and procedures for the Chairman's approval for informing the public of NRC activities; (b) Prepares, clears, and disseminates information to the public and...


Advises the Chairman, the Commission, and NRC staff on international issues; (b) Recommends policies concerning nuclear exports and imports, international...


(a) Oversees all financial management activities relating to NRC's programs and operations and provides advice to the Chairman on financial management matters; ...


(EDO) reports for all matters to [[Page 12]] the Chairman, and is subject to the supervision and direction of the Chairman as provided in Reorganization...


programs for enforcement of NRC requirements; (b) Manages major enforcement actions; and (c) Assesses the effectiveness and uniformity of Regional...


agencywide contracting policies and procedures; (b) Develops policies and procedures and manages the operation and maintenance of NRC offices, facilities,...


(a) Plans, directs, and oversees the NRC's information resources, including technology infrastructure and delivery of information management services, to meet the...


of licensees, applicants, their contractors or vendors, including the investigation of all allegations of wrongdoing by other than NRC employees and contractors; ...


(a) Develops and implements an effective small and disadvantaged business program in accordance with the Small Business Act, as amended, and plans and implements...


NRC policies, programs, and services to provide for the effective organization, utilization, and development of the agency's human resources; (b) Provides labor...


NRC's program of cooperation and liaison with States, local governments, interstate and Indian Tribe organizations; and coordinates liaison with other...


and Safeguards is responsible for protecting the public health and safety, the common defense and security, and the environment by licensing, inspection,...


(a) Develops, promulgates and implements regulations and develops and implements policies, programs, and procedures for all aspects of licensing, inspection, and...


(a) Plans, recommends, and implements programs of nuclear regulatory research, standards development, and resolution of generic safety issues for nuclear power plants and...


assigned programs relating to inspection, enforcement, licensing, State agreements, State liaison, and emergency response within Regional boundaries set out in Sec. 1.5(b)...


Energy Reorganization Act of 1974, the Nuclear Regulatory Commission, has adopted an official seal. Its description is as follows: An American bald eagle (similar to that on...


the following: (1) NRC letterhead stationery; (2) NRC award certificates and medals; (3) Security credentials and employee identification cards; (4) NRC...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1.55] [Page 16] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION--Table of Contents Subpart C--NRC Seal and Flag Sec. 1.55 Establishment of official NRC flag. The official flag is based on the design of the NRC seal. It is 50 inches by 66 inches in size with a 38-inch diameter seal incorporated in the center of a dark blue field with a gold fringe. ...


(1) On or in front of NRC installations; (2) At NRC ceremonies; (3) At conferences involving official NRC participation (including permanent display in NRC...


seal and flag as provided in this subpart, a report of each suspected violation of this subpart, or any questionable use of the NRC seal or flag, should be submitted to...


in part 110, under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, for-- (a) Granting, suspending, revoking, amending, or...


in the first section of that subpart. Subpart G [[Page 21]] sets forth general rules applicable to all types of proceedings except rule making, and should...


another subpart or other part of this chapter applicable to a particular type of proceeding, the special rule governs. [27 FR 377, Jan. 13, 1962, as amended at 28 FR 10152,...


the Act. Act means the Atomic Energy Act of 1954, as amended (68 Stat. 919). Adjudication means the process for the formulation of an order for the final...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR2.8] [Page 23] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS--Table of Contents Sec. 2.8 Information collection requirements: OMB approval. This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). [61 FR 43408, Aug. 22, 1996] ...


Scope of subpart. This subpart prescribes the procedures for issuance of a license; amendment of a license at the request of the licensee; and transfer and...


Filing of application. (a)(1) An application for a license, a license transfer, or an amendment to a license shall be filed with the Director of the Office...


Administrative review of application. (a) During review of an application by the staff, an applicant may be required to supply additional information. The staff...


Action on applications for byproduct, source, special nuclear material, and operator licenses. (a) If the Director of Nuclear Reactor Regulation or the Director...


Notice of hearing. (a) In the case of an application on which a hearing is required by the Act or this chapter, or in which the Commission finds that a hearing...


Notice of proposed action. (a) If a hearing is not required by the Act or this chapter, and if the Commission has not found that a hearing is in the public...


Notice of issuance. (a) The Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate, will cause to be published...


Withdrawal of application. (a) The Commission may permit an applicant to withdraw an application prior to the issuance of a notice of hearing on such terms...


Denial of application for failure to supply information. (a) The Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards,...


Effect of timely renewal application. (a) Except for the renewal of an operating license for a nuclear power plant under 10 CFR 50.21(b) or 50.22, if, at least 30 days...


Filing and administrative action on submittals for design review or early review of site suitability issues. (a)(1) A submittal pursuant to appendix O of part 52 of...


Prohibition of sex discrimination. No person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or...


Civil Penalties Sec. 2.200 Scope of subpart. (a) This subpart prescribes the procedures in cases initiated by...


Civil Penalties Sec. 2.201 Notice of violation. (a) In response to an alleged violation of any provision of the Act or...


Imposing Civil Penalties Sec. 2.202 Orders. (a) The Commission may institute a proceeding to modify, suspend, or revoke a...


Imposing Civil Penalties Sec. 2.203 Settlement and compromise. At any time after the issuance of an order designating the time...


Civil Penalties Sec. 2.204 Demand for information. (a) The Commission may issue to a licensee or other person subject to...


Imposing Civil Penalties Sec. 2.205 Civil penalties. (a) Before instituting any proceeding to impose a civil penalty under...


Imposing Civil Penalties Sec. 2.206 Requests for action under this subpart. (a) Any person may file a request to institute a...


of Duplicate Design at Multiple Sites Sec. 2.400 Scope of subpart. Source: 40 FR 2976, Jan. 17, 1975, unless otherwise...


of Duplicate Design at Multiple Sites Sec. 2.401 Notice of hearing on applications pursuant to appendix N of part 52 for...


Plants of Duplicate Design at Multiple Sites Sec. 2.402 Separate hearings on separate issues; consolidation of proceedings. (a) In the...


of Duplicate Design at Multiple Sites Sec. 2.403 Notice of proposed action on applications for operating licenses pursuant to appendix N of...


of Duplicate Design at Multiple Sites Sec. 2.404 Hearings on applications for operating licenses pursuant to appendix N of part 52. ...


of Duplicate Design at Multiple Sites Sec. 2.405 Initial decisions in consolidated hearings. At the conclusion of any hearing held...


of Duplicate Design at Multiple Sites Sec. 2.406 Finality of decisions on separate issues. Notwithstanding any other provision of...


of Duplicate Design at Multiple Sites Sec. 2.407 Applicability of other sections. The provisions of subparts A and G relating...


To Manufacture Nuclear Power Reactors To Be Operated at Sites Not Identified in the License Application and Related Licensing Proceedings ...


appendix M of part 52 for a license to manufacture nuclear power reactors. (a) In the case of an application pursuant to appendix M of part 52 of this chapter for...


to construct a nuclear power reactor manufactured pursuant to a Commission license issued pursuant to appendix M of part 52 of this chapter at the site at which the...


Notwithstanding any other provision of this chapter, no matter which has been resolved at an earlier stage of the licensing process which involves a manufacturing license,...


The provisions of subparts A and G relating to construction permits apply to manufacturing licenses subject to this subpart, with respect to matters of radiological health...


a Permit To Construct Certain Utilization Facilities Sec. 2.600 Scope of subpart. Source: 42 FR 22885, May 5, 1977, unless...


a Permit To Construct Certain Utilization Facilities Sec. 2.601 Applicability of other sections. The provisions of subparts A and G relating...


a Permit To Construct Certain Utilization Facilities Sec. 2.602 Filing fees. Each application which contains a request for early review of...


for a Permit To Construct Certain Utilization Facilities Sec. 2.603 Acceptance and docketing of application for early review of site...


a Permit To Construct Certain Utilization Facilities Sec. 2.604 Notice of hearing on application for early review of site suitability issues. ...


for a Permit To Construct Certain Utilization Facilities Sec. 2.605 Additional considerations. (a) The Commission will not conduct more than...


a Permit To Construct Certain Utilization Facilities Sec. 2.606 Partial decisions on site suitability issues. (a) The provisions of Sec....


this subpart govern procedure in all adjudications initiated by the issuance of an order pursuant to Sec. 2.202, an order pursuant to Sec. 2.205(e), a notice of hearing,...


of the Administrative Procedure Act, the Commission may provide alternative procedures in adjudications to the extent that there is involved the conduct of military...


filed with the Commission in adjudications subject to this part either: (1) By delivery to the NRC Public Document Room at One White Flint North, 11555 Rockville Pike...


for each proceeding subject to this part, commencing with the issuance of the initial notice of hearing, notice of consideration of issuance of facility operating license...


which the terms of a notice of hearing are not otherwise prescribed by this part, the order or notice of hearing will state: (1) The nature of the hearing, and its time...


(a) The Commission may provide in the notice of hearing that one or more members of the Commission, or an atomic safety and licensing board, or a...


of the notice of hearing, or such other time as may be specified in the notice of hearing, a party may file an answer which shall concisely state: (1) The nature of...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR2.706] [Page 50] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS--Table of Contents Subpart G--Rules of General Applicability Sec. 2.706 Reply. A party may file a reply to an answer within ten (10) days after it is served. [27 FR 377, Jan. 13, 1962, as amended at 43 FR 17801, Apr. 26, 1978] ...


answer or pleading within the time prescribed in this part or as specified in the notice of hearing or pleading; to appear at a hearing or prehearing conference, to comply...


document filed in an adjudication subject to this part to which a docket number has been assigned shall bear the docket number and title of the proceeding. (b) Each...


to conform to the requirements of Sec. 2.708 may be refused acceptance for filing and may be returned with an indication of the reason for nonacceptance. Any matter so tendered...


time, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is included unless...


(a) Except as otherwise provided by law, whenever an act is required or allowed to be done at or within a specified time, the time fixed or the period of time prescribed may for good...


of papers by the Commission. Except for subpoenas, the Commission will serve all orders, decisions, notices, and other papers issued by it upon all parties. (b) Who...


proceedings. (a) Standards of practice. In the exercise of their functions under this subpart, the Commission, the Atomic Safety and Licensing Boards,...


may be affected by a proceeding and who desires to participate as a party shall file a written petition for leave to intervene. In a proceeding noticed pursuant to Sec....


leave to intervene and/or requests for hearing. (a) Notwithstanding the provisions of Sec. 2.730(f), an order of the presiding officer or the atomic safety and...


(a) A person who is not a party may, in the discretion of the presiding officer, be permitted to make a limited appearance by making oral or written statement of his position on...


license proceedings. On motion or on its or his own initiative, the Commission or the presiding officer may order any parties in a proceeding for the...


for good cause shown or on its own initiative, the Commission or the presiding officers of each affected proceeding may consolidate for hearing or for other purposes two or...


(a) Unless otherwise ordered by the Commission, the jurisdiction of the presiding officer designated to conduct a hearing over the proceeding,...


has the duty to conduct a fair and impartial hearing according to law, to take appropriate action to avoid delay, and to maintain order. He has all powers necessary to those...


the designated presiding officer or, if he is not available, the Chairman of the Atomic Safety and Licensing Board Panel, the Chief Administrative Law Judge, or...


The Commission or the Chairman of the Atomic Safety and Licensing Board Panel may from time to time establish one or more atomic safety and licensing boards, each comprised of...


(a) In consultation with the Panel Chairman, the presiding officer may, at his discretion, appoint from the Atomic Safety and Licensing Board Panel established by the...


motions shall be addressed to the Commission or, when a proceeding is pending before a presiding officer, to the presiding officer. All written motions shall be filed with...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR2.731] [Page 61] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS--Table of Contents Subpart G--Rules of General Applicability Sec. 2.731 Order of procedure. The presiding officer or the Commission will designate the order of procedure at a hearing. The proponent of an order will ordinarily open and close. ...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR2.732] [Page 61] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS--Table of Contents Subpart G--Rules of General Applicability Sec. 2.732 Burden of proof. Unless otherwise ordered by the presiding officer, the applicant or the proponent of an order has the burden of proof. [[Page 62]] ...


presiding officer to permit a qualified individual who has scientific or technical training or experience to participate on behalf of that party in the examination...


closed record to consider additional evidence will not be granted unless the following criteria are satisfied: (1) The motion must be timely, except that an exceptionally...


(a) Discovery methods. Parties may obtain discovery by one or more of the following methods: Depositions upon oral examination or written interrogatories (Sec. 2.740a);...


(a) Any party desiring to take the testimony of any party or other person by deposition on oral examination or written interrogatories shall,...


may serve upon any other party (other than the staff) \4\ written interrogatories to be answered in writing by the party served, or if the party served is a public or...


inspection and other purposes. (a) Request for discovery. Any party may serve on any other party a request to: (1) Produce and permit the party making...


during or as a result of a prehearing conference, at any time after his answer has been filed, a party may file a written request for the admission of the genuineness...


proceeding shall have the right to present such oral or documentary evidence and rebuttal evidence and to conduct, in accordance with an approved cross-examination plan...


(a) A request for the production of an NRC record or document not available pursuant to Sec. 2.790 by a party to an initial licensing proceeding may be served on the Executive...


on the pleadings. (a) Any party to a proceeding may move, with or without supporting affidavits, for a decision by the presiding officer in that party's...


be reported under the supervision of the presiding officer, stenographically or by other means, by an official reporter who may be designated by the Commission or may be...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR2.751] [Page 71] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS--Table of Contents Subpart G--Rules of General Applicability Sec. 2.751 Hearings to be public. Except as may be requested pursuant to section 181 of the Act, all hearings will be public unless otherwise ordered by the Commission. ...


operating license proceedings. (a) In any proceeding involving an application for a construction permit or an operating license for a production or utilization...


the presiding officer may, and in the case of a proceeding on an application for a construction permit or an operating license for a facility of a type described in Sec....


during or as a result of a prehearing conference, the parties may stipulate in writing at any stage of the proceeding or orally during the hearing, any relevant fact or...


party to a proceeding may, or if directed by the presiding officer shall, file proposed findings of fact and conclusions of law, briefs and a proposed form or order of decision...


When, in the opinion of the presiding officer, time permits and the nature of the proceeding and the public interest warrant, he may allow and fix a time for the presentation of...


use of informal procedures consistent with the Act, sections 551-558 of title 5 of the United States Code, and the regulations in this chapter, and with the orderly conduct...


a hearing. To prevent unnecessary delays or an unnecessarily large record, the presiding officer may: (a) Limit the number of witnesses whose testimony may...


adjudicatory proceedings. (a) Except as provided in paragraphs (b), (c), and (d) of this section, any rule or regulation of the Commission, or any provision...


The Commission recognizes that the public interest may be served through settlement of particular issues in a proceeding or the entire proceeding. Therefore, to the extent that it...


the presiding officer will render an initial decision which will constitute the final action of the Commission forty (40) days after its date unless any party petitions...


facility operating licenses. In any initial decision in a contested proceeding on an application for an operating license for a production or...


officer may determine a proceeding by an order after the conclusion of a hearing without issuing an initial decision, when: (1) All parties stipulate that the...


on an application for a construction permit for a utilization facility which is subject to Sec. 51.20(b) of this chapter, and is of the type specified in Sec. 51.21(b) (2)...


allow oral argument upon the request of a party made in a petition for review or brief on review, or upon its own initiative. [56 FR 29408, June...


or amendment of construction permit or operating license. (a) Except as provided in paragraphs (c) through (f) of this section, or as otherwise ordered by...


or amendment of licenses under part 61 of this chapter. An initial decision directing the issuance of a license under part 61 of this chapter (relating to...


consider the whole record on review, but may limit the issues to be reviewed to those identified in an order taking review. (b) The Commission may adopt, modify, or...


reconsideration of a final decision may be filed by a party within ten (10) days after the date of the decision. (b) The petition for reconsideration shall state...


When briefs, motions or other papers listed herein are submitted to the Commission itself, as opposed to officers who have been delegated authority to act for...


this subpart-- (a) Interested persons outside the agency may not make or knowingly cause to be made to any Commission adjudicatory employee, any ex parte...


under this subpart, any NRC officer or employee engaged in the performance of any investigative or litigating function in that proceeding or in a factually related proceeding...


(a) Within forty (40) days after the date of a decision or action by a presiding officer, or within thirty (30) days after a petition for review of the decision...


(a) Within ten (10) days after service of a decision or action of a presiding officer any party to the proceeding may file an application for a stay of...


(a) Subject to the provisions of paragraphs (b), (c), (d), (e), and (f) of this section, final NRC records and documents, including but not limited to...


amendment and repeal of regulations in which participation by interested persons is prescribed under section 553 of title 5 of the U.S. Code. [35 FR 11459, July...


the Commission at its own instance, on the recommendation of another agency of the United States, or on the petition of any other...


petition the Commission to issue, amend or rescind any regulation. The petition should be addressed to the Secretary, Attention: Rulemakings and Adjudications Staff, and...


the petition unless the Commission deems it advisable. If the Commission determines that sufficient reason exists, it will publish a notice of proposed rulemaking. In any...


paragraph (d) of this section, when the Commission proposes to adopt, amend, or repeal a regulation, it will cause to be published in the Federal Register a notice of...


proceedings conducted under the provisions of Sec. 2.804(a), the Commission will afford interested persons an opportunity to participate through the submission of...


the notice of adoption of a regulation a concise general statement of its basis and purpose, and will cause the notice and regulation to be published in the Federal Register...


specify the effective date. Publication or service of the notice and regulation, other than one granting or recognizing exemptions or relieving from restrictions, will...


When briefs, motions or other papers listed herein are submitted to the Commission itself, as opposed to officers who have been delegated authority to act for the Commission,...


(a) In its advisory capacity to the Commission, the ACRS may recommend that the Commission initiate rulemaking in a particular area. The Commission will respond to...


contained in this section to determine whether a licensee qualifies as a small entity in its regulatory programs. (a) A small business is a for-profit concern and...


Sec. 2.900 Purpose. Source: 41 FR 53329, Dec. 6, 1976, unless otherwise noted. This subpart is issued pursuant to section 181 of the...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR2.901] [Page 90] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS--Table of Contents Subpart I--Special Procedures Applicable to Adjudicatory Proceedings Involving Restricted Data and/or National Security Information Sec. 2.901 Scope. This subpart applies to all proceedings subject to subpart G. ...


Sec. 2.902 Definitions. As used in this subpart: (a) Government agency means any executive department, commission, independent...


Sec. 2.903 Protection of restricted data and national security information. Nothing in this subpart shall relieve any person from safeguarding Restricted...


Sec. 2.904 Classification assistance. On request of any party to a proceeding or of the presiding officer, the Commission will designate a representative...


Sec. 2.905 Access to restricted data and national security information for parties; security clearances. (a) Access to restricted data and...


Sec. 2.906 Obligation of parties to avoid introduction of restricted data or national security information. It is the obligation of all parties in...


Sec. 2.907 Notice of intent to introduce restricted data or national security information. (a) If, at the time of publication of a notice of hearing,...


Sec. 2.908 Contents of notice of intent to introduce restricted data or other national security information. (a) A party who intends to introduce...


Sec. 2.909 Rearrangement or suspension of proceedings. In any proceeding subject to this part where a party gives a notice of intent to...


Sec. 2.910 Unclassified statements required. (a) Whenever Restricted Data or other National Security Information is introduced into a proceeding, the...


Sec. 2.911 Admissibility of restricted data or other national security information. A presiding officer shall not receive any Restricted Data or...


Sec. 2.912 Weight to be attached to classified evidence. In considering the weight and effect of any Restricted Data or other National Security...


Sec. 2.913 Review of Restricted Data or other National Security Information received in evidence. At the close of the reception of evidence, the...


a Geologic Repository Sec. 2.1000 Scope of subpart. Source: 54 FR 14944, Apr. 14, 1989, unless otherwise noted. ...


a Geologic Repository Sec. 2.1001 Definitions. Bibliographic header means the minimum series of descriptive fields that...


a Geologic Repository Sec. 2.1003 Availability of material. (a) Subject to the exclusions in Sec. 2.1005 and paragraphs (b)...


a Geologic Repository Sec. 2.1004 Amendments and additions. Any document that has not been provided to other parties...


a Geologic Repository Sec. 2.1005 Exclusions. The following material is excluded from the requirement to provide...


a Geologic Repository Sec. 2.1006 Privilege. (a) Subject to the requirements in Sec. 2.1003(a)(4), the traditional...


a Geologic Repository Sec. 2.1007 Access. (a)(1) A system to provide electronic access to the Licensing Support Network shall...


a Geologic Repository Sec. 2.1009 Procedures. (a) Each potential party, interested governmental participant, or...


a Geologic Repository Sec. 2.1010 Pre-License Application Presiding Officer. (a)(1) The Commission may designate one or...


at a Geologic Repository Sec. 2.1011 Management of electronic information. (a) Electronic document production and the...


a Geologic Repository Sec. 2.1012 Compliance. (a) If the Department of Energy fails to make its initial certification at...


at a Geologic Repository Sec. 2.1013 Use of the electronic docket during the proceeding. (a)(1) Pursuant to Sec. 2.702,...


at a Geologic Repository Sec. 2.1014 Intervention. (a)(1) Any person whose interest may be affected by a proceeding on...


at a Geologic Repository Sec. 2.1015 Appeals. (a) No appeals from any Pre-License Application Presiding Officer or...


a Geologic Repository Sec. 2.1016 Motions. (a) All motions shall be addressed to the Commission or, when a proceeding is...


at a Geologic Repository Sec. 2.1017 Computation of time. In computing any period of time, the day of the act, event,...


at a Geologic Repository Sec. 2.1018 Discovery. (a)(1) Parties, potential parties, and interested governmental participants...


at a Geologic Repository Sec. 2.1019 Depositions. (a) Any party or interested governmental participant desiring to take...


at a Geologic Repository Sec. 2.1020 Entry upon land for inspection. (a) Any party, potential party, or interested...


a Geologic Repository Sec. 2.1021 First prehearing conference. (a) In any proceeding involving an application for a license...


at a Geologic Repository Sec. 2.1022 Second prehearing conference. (a) The Commission or the Presiding Officer in a proceeding on...


at a Geologic Repository Sec. 2.1023 Immediate effectiveness. (a) Pending review and final decision by the Commission, an...


at a Geologic Repository Sec. 2.1025 Authority of the Presiding Officer to dispose of certain issues on the pleadings. (a)...


a Geologic Repository Sec. 2.1026 Schedule. (a) Subject to paragraphs (b) and (c) of this section, the Presiding Officer...


a Geologic Repository Sec. 2.1027 Sua Sponte. In any initial decision in a proceeding on an application to receive and...


Sec. 2.1101 Purpose. Source: 50 FR 41670, Oct. 15, 1985, unless otherwise noted. The regulations in this subpart establish hybrid...


Reactors Sec. 2.1103 Scope. The procedures in this subpart apply to contested proceedings on applications filed after January 7, 1983, for a license or...


Sec. 2.1105 Definitions. As used in this part: (a) Civilian nuclear power reactor means a civilian nuclear power plant required to be licensed as...


Sec. 2.1107 Notice of proposed action. In connection with each application filed after January 7, 1983, for a license or an amendment to a license to...


Sec. 2.1109 Requests for oral argument. (a)(1) Within ten (10) days after an order granting a request for hearing or petition for leave to intervene, any...


Sec. 2.1111 Discovery. Discovery shall begin and end at such times as the presiding officer shall order. It is expected that all discovery shall be...


Reactors Sec. 2.1113 Oral argument. (a) Fifteen (15) days prior to the date set for oral argument, each party, including the NRC staff, shall submit to...


Sec. 2.1115 Designation of issues for adjudicatory hearing. (a) After due consideration of the oral presentation and the written facts and data submitted...


Reactors Sec. 2.1117 Applicability of other sections. In proceedings subject to this subpart, the provisions of subparts A and [[Page 116]] G...


2.1201 Scope of subpart. Source: 54 FR 8276, Feb. 28, 1989, unless otherwise noted. (a) The general rules of this subpart govern procedure in...


2.1203 Docket; filing; service. (a) The Secretary shall maintain a docket for each adjudication subject to this subpart, commencing with the filing of a...


2.1205 Request for a hearing; petition for leave to intervene. (a) Any person whose interest may be affected by a proceeding for the grant, renewal,...


2.1207 Designation of presiding officer. (a) Unless otherwise ordered by the Commission or as provided in paragraph (b) of this section, within ten (10) days...


2.1209 Power of presiding officer. A presiding officer has the duty to conduct a fair and impartial hearing according to law, to take appropriate action to...


2.1211 Participation by a person not a party. (a) The presiding officer may permit a person who is not a party to make a limited appearance in order to state his...


2.1213 Role of the NRC staff. If a hearing request is filed under Sec. 2.1205(b), the NRC staff shall be a party to the proceeding. If a hearing request is...


2.1215 Appearance and practice. (a) An individual may appear in an adjudication under this subpart on his or her own behalf or by an...


2.1231 Hearing file; prohibition on discovery. (a) Within thirty (30) days of the presiding officer's entry of an order granting a request for a hearing, the...


2.1233 Written presentations; written questions. (a) After publication of a notice of hearing in accordance with Sec. 2.1205(i) and after the NRC staff has...


2.1235 Oral presentations; oral questions. (a) Upon a determination that it is necessary to create an adequate record for decision, in his or her discretion...


2.1237 Motions; burden of proof. (a) Motions presented in the proceeding must be presented and disposed of in accordance with Sec. Sec. 2.730 (a)-(g). ...


2.1239 Consideration of Commission rules and regulations in informal adjudications. (a) Except as provided in paragraph (b) of this section, any regulation...


2.1241 Settlement of proceedings. The fair and reasonable settlement of proceedings subject to this subpart is encouraged. A settlement must be approved by...


2.1251 Initial decision and its effect. (a) Unless the Commission directs that the record be certified to it in accordance with paragraph (b) of this section,...


2.1253 Petitions for review of initial decisions. Parties and Sec. 2.1211(b) participants may petition for review of an initial decision under this subpart...


2.1259 Final decision; petition for reconsideration. (a) Commission action to render a final decision must be in accordance with Sec. 2.770. (b)...


2.1261 Authority of the Secretary to rule on procedural matters. The Secretary or the Assistant Secretary may rule on procedural matters relating to...


2.1263 Stays of NRC staff licensing actions or of decisions of a presiding officer or the Commission pending hearing or review. Applications for a stay of...


Applications. Sec. 2.1300 Scope of subpart M. Source: 63 FR 66730, Dec. 3, 1998, unless otherwise noted. ...


Applications. Sec. 2.1301 Public notice of receipt of a license transfer application. (a) The Commission will notice...


Applications. Sec. 2.1302 Notice of withdrawal of an application. The Commission will notice the withdrawal of...


License Transfer Applications. Sec. 2.1303 Availability of documents. Unless exempt from disclosure under part 9 of this chapter,...


Applications. Sec. 2.1304 Hearing procedures. The procedures in this subpart will constitute the exclusive basis...


Applications. Sec. 2.1305 Written comments. (a) As an alternative to requests for hearings and petitions to...


Applications. Sec. 2.1306 Hearing request or intervention petition. (a) Any person whose interest may be affected by...


Applications. Sec. 2.1307 Answers and replies. (a) Unless otherwise specified by the Commission, an answer to a...


Applications. Sec. 2.1308 Commission action on a hearing request or intervention petition. (a) In considering a...


Applications. Sec. 2.1309 Notice of oral hearing. (a) A notice of oral hearing will-- (1) State the time, place,...


Applications. Sec. 2.1310 Notice of hearing consisting of written comments. A notice of hearing consisting of...


Applications. Sec. 2.1311 Conditions in a notice or order. (a) A notice or order granting a hearing or...


Applications. Sec. 2.1312 Authority of the Secretary. The Secretary or the Assistant Secretary may rule on...


Applications. Sec. 2.1313 Filing and service. (a) Hearing requests, intervention petitions, answers, replies...


License Transfer Applications. Sec. 2.1314 Computation of time. (a) In computing time, the first day of a designated time period...


Applications. Sec. 2.1315 Generic determination regarding license amendments to reflect transfers. (a) Unless...


Applications. Sec. 2.1316 Authority and role of NRC staff. (a) During the pendency of any hearing under this...


Applications. Sec. 2.1317 Hearing docket. For each hearing, the Secretary will maintain a docket which will include...


Applications. Sec. 2.1318 Acceptance of hearing documents. (a) Each document filed or issued must be clearly legible...


License Transfer Applications. Sec. 2.1319 Presiding Officer. (a) The Commission will ordinarily be the Presiding Officer at...


Applications. Sec. 2.1320 Responsibility and power of the Presiding Officer in an oral hearing. (a) The...


Applications. Sec. 2.1321 Participation and schedule for submission in a hearing consisting of written comments. ...


License Transfer Applications. Sec. 2.1322 Participation and schedule for submissions in an oral hearing. (a) Unless otherwise limited...


Applications. Sec. 2.1323 Presentation of testimony in an oral hearing. (a) All direct testimony in an oral hearing shall...


Applications. Sec. 2.1324 Appearance in an oral hearing. (a) A participant may appear in a hearing on her or his own...


License Transfer Applications. Sec. 2.1325 Motions and requests. (a) Motions and requests shall be addressed to the...


Applications. Sec. 2.1326 Burden of proof. The applicant or the proponent of an order has the burden...


Applications. Sec. 2.1327 Application for a stay of the effectiveness of NRC staff action on license transfer. (a)...


Applications. Sec. 2.1328 Default. When a participant fails to act within a specified time, the Presiding Officer...


Applications. Sec. 2.1329 Waiver of a rule or regulation. (a) A participant may petition that a Commission rule...


License Transfer Applications. Sec. 2.1330 Reporter and transcript for an oral hearing. (a) A reporter designated by the Commission...


License Transfer Applications. Sec. 2.1330 Reporter and transcript for an oral hearing. (a) A reporter designated by the Commission...
...


(78 Stat. 241; 42 U.S.C. 2000a note), and title IV of the Energy Reorganization Act of 1974, Pub. L. 93-438, (88 Stat. 1233; 42 U.S.C. 5801 note), which...


(The Acts are collectively referred to in subpart A as ``the Act''.) Subpart B sets forth rules applicable specifically to matters pertaining to section 504 of the...


types of Federal financial assistance to which this part applies are listed in appendix A of this part; appendix A may be revised from time to time by notice published in...


a condition to eligibility for Federal financial assistance; ``application'' means such an application, request, or plan. (b) Commission means the Commission of five...


to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or,...


record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is...


in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct...


Discrimination Prohibited No person in the United States shall, on the ground of sex, race, color, or national origin,...


discriminatory actions prohibited. (a) A recipient to which this subpart applies may not, directly or through contractual or other arrangements, on the ground of sex,...


practices. (a) Where a primary objective of the Federal financial assistance to a program to which this subpart applies is to provide employment, a recipient...


A recipient shall not be deemed to have failed to comply with Sec. 4.11 if immediate provision of a service or other benefit to an individual is necessary...


requirements. (a) Every grant, loan or contract to which this subpart applies, except an application to which Sec. 4.22 applies, shall, as a condition to its...


financial assistance. Every application by a State or a State agency for continuing Federal financial assistance shall require the submission of and every...


institutions. (a) In the case of a grant, loan or contract involving Federal financial assistance to an institution of higher education, the assurance required...


assistance. The responsible NRC official shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this subpart...


(a) Each recipient shall keep records and submit to the responsible NRC official, timely, complete, and accurate compliance reports at the times and in the...


to sources of information. Each recipient shall permit access by the responsible NRC official during normal business hours to such of...


beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the...


reviews. The responsible NRC official shall from time to time review the practices of recipients to determine whether they are complying with...


Any person who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this subpart may by himself or by a...


The responsible NRC official will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible...


matters. (a) If an investigation pursuant to Sec. 4.43 indicates a failure to comply with this subpart, the responsible NRC official will so inform the recipient...


retaliatory acts prohibited. No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering...


available. If there appears to be a failure or threatened failure to comply with any of the provisions of this subpart, and if the noncompliance or...


Sec. 4.21. If an applicant fails or refuses to furnish an assurance required under Sec. 4.21 or otherwise fails or refuses to comply with a requirement...


or refusal to grant or to continue Federal financial assistance. No order suspending, terminating, or refusing to grant or continue Federal financial...


authorized by law. No action to effect compliance by any other means authorized by law shall be taken until: (a) The responsible NRC official has determined...


of opportunity for hearing. (a) Whenever an opportunity for hearing is required by Sec. 4.48, the responsible NRC official shall serve on the applicant or recipient,...


One or more members of the Commission or one or more administrative law judges appointed pursuant to section 3105 of title 5 of the United States Code shall:...


counsel. In all proceedings under Sec. Sec. 4.51-4.81, the applicant or recipient and the responsible NRC official shall have the right to be represented by counsel....


evidence, and record. (a) The hearing, decision, and any administrative review thereof shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of...


joint hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this subpart with respect to two or more Federal...


or certification. The officer designated: (a) To preside at a hearing, or, (b) To make findings of fact and conclusions of law if an applicant...


and final decision. (a) The applicant or recipient, within thirty (30) days of the mailing of an initial decision or a recommended decision, may file with...


Each decision of a presiding officer or the Commission shall set forth the rulings on each finding, conclusion, or exception presented, and shall identify...


orders. The final decision may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, to which...


proceedings. (a) An applicant or recipient adversely affected by an order issued under Sec. 4.74 shall be restored to full eligibility to receive Federal...


Action taken pursuant to section 602 of the Civil Rights Act of 1964 is subject to judicial review as provided in section 603 of that Act. [40 FR 8778, Mar....


on other regulations. All regulations, orders, or like directions heretofore issued by any officer of the NRC which impose requirements designed to prohibit...


instructions. The responsible NRC official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for...


coordination. The Commission may from time to time assign to officials of other departments or agencies of the Government, with the consent of the department...


Source: 45 FR 14535, Mar. 6, 1980, unless otherwise noted. As used in this subpart: (a) Handicapped person means any person who has a physical or...


discrimination. (a) No qualified handicapped person, shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise...


employment discrimination. (a) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program...


(a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless...


(a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class of...


(a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make preemployment...


accessibility. No qualified handicapped person shall, because a recipient's facilities are inaccessible to or unusable by handicapped persons, be denied the...


(a) Accessibility. A recipient shall operate each program or activity so that when each part is viewed in its entirety it is readily accessible to and usable...


(a) Design, construction, and alteration. New facilities shall be designed and constructed to be readily accessible to and usable by handicapped persons. Alterations to...


and recipients. (a) Assurances. An applicant for Federal financial assistance to which this subpart applies shall submit an assurance, on a form specified by...


(a) A recipient shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees, including those with impaired vision or hearing,...


The enforcement and hearing procedures set forth in Sec. Sec. 4.41 through 4.75 of subpart A with respect to discrimination based on sex, race, color or national...


Source: 52 FR 25358, July 7, 1987, unless otherwise noted. [[Page 164]] General The purpose of this subpart is to...


(a) The Age Discrimination Act of 1975 and these regulations apply to any program or activity receiving Federal financial assistance from NRC. (b) The...


used in this subpart: (a) Act means the Age Discrimination Act of 1975, as amended, (title III of Pub. L. 94-135; 89 Stat. 713; 42 U.S.C. 3001 note). (b) Action means any...


The rules stated in this section are limited by the exceptions contained in Sec. Sec. 4.313 and 4.314 of this subpart. (a) General rule. No person in the...


and ``statutory objective''. For purposes of Sec. Sec. 4.313 and 4.314, the terms ``normal operation'' and ``statutory objective'' have the following meaning: ...


discrimination. Normal operation or statutory objective of any program or activity. A recipient is permitted to take an action, otherwise prohibited by Sec. 4.311, if...


discrimination. Reasonable factors other than age. A recipient is permitted to take an action otherwise prohibited by Sec. 4.311 which is based on a factor other than...


The burden of proving that an age distinction or other action falls within the exceptions outlined in Sec. Sec. 4.313 and 4.314 is on the recipient of Federal...


Each NRC recipient has primary responsibility to ensure that its programs or activities are in compliance with the Act and these regulations. Each recipient will sign...


and educational materials. (a) NRC will provide written notice to each recipient of its obligations under the Act and these regulations, including its...


Each recipient shall: (a) Make available upon request to NRC information necessary to determine whether the recipient is complying with the Act and...


(a) NRC may conduct compliance reviews and preaward reviews of recipients or use other similar procedures that will permit it to investigate and correct violations of the Act...


person, individually or as a member of a class or on behalf of others, may file a complaint with NRC, alleging discrimination prohibited by the Act or these regulations based on...


(a) Referral of complaints for mediation. NRC will refer to a mediation agency designated by the Secretary of the Department of Health and Human Services all complaints that-- ...


(a) Informal investigation. (1) NRC will investigate complaints that are unresolved after mediation or are reopened because of a violation of a mediation agreement. (2) As part...


retaliation. A recipient may not engage in acts of intimidation or retaliation against any person who-- (a) Attempts to assert a right protected by the Act...


(a) NRC may enforce the Act and these regulations through-- (1) Termination of a recipient's Federal financial assistance from NRC under the program or activity...


Certain NRC procedural provisions applicable to title VI of the Civil Rights Act of 1964 apply to NRC enforcement of these regulations. They are...


recipients. (a) Where NRC finds a recipient has discriminated on the basis of age, the recipient shall take any remedial action that NRC may require to overcome...


(a) When NRC withholds funds from a recipient under these regulations, the Commission, or designee, may disburse the withheld funds directly to an...


(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if-- ...


shall submit to the Secretary of Health and Human Services, not later than December 31 of each year, a report which-- (a) Describes in detail the steps taken during the...


Commission Sec. 4.501 Purpose. Source: 51 FR 22888, 22896, June 23, 1986, unless otherwise noted. This part effectuates section 119 of...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR4.502] [Page 169] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 4--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES Subpart E--Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the U.S. Nuclear Regulatory Commission Sec. 4.502 Application. This part applies to all programs or activities conducted by the agency. ...


Commission Sec. 4.503 Definitions. For purposes of this part, the term-- Assistant Attorney General means the Assistant Attorney General,...


Commission Sec. 4.510 Self-evaluation. (a) The agency shall, by August 24, 1987, evaluate its current policies and practices, and the effects thereof,...


Commission Sec. 4.511 Notice. The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons...


Commission Sec. 4.530 General prohibitions against discrimination. (a) No qualified handicapped person shall, on the basis of handicap, be excluded...


Commission Sec. 4.540 Employment. No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under...


Commission Sec. 4.549 Program accessibility: Discrimination prohibited. Except as otherwise provided in Sec. 4.550, no qualified handicapped person...


Commission Sec. 4.550 Program accessibility: Existing facilities. (a) General. The agency shall operate each program or activity so that the program...


Commission Sec. 4.551 Program accessibility: New construction and alterations. Each building or part of a building that is constructed or altered by,...


Commission Sec. 4.560 Communications. (a) The agency shall take appropriate steps to ensure effective communication with applicants, participants,...


Commission Sec. 4.570 Compliance procedures. (a) Except as provided in paragraph (b) of this section, this section applies to all allegations...


The purpose of these Title IX regulations is to effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of those...


As used in these Title IX regulations, the term: Administratively separate unit means a school, department, or college of an educational institution (other than a...


and self-evaluation. (a) Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in...


(a) General. Either at the application stage or the award stage, Federal agencies must ensure that applications for Federal financial assistance or...


If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee that operates any education program...


(a) Effect of other Federal provisions. The obligations imposed by these Title IX regulations are independent of, and do not alter, obligations not to...


The obligation to comply with these Title IX regulations is not obviated or alleviated because employment opportunities in any occupation or profession are or...


and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts...


(a) Notification of policy. (1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents...


Except as provided in Sec. Sec. 5.205 through 5.235(a), these Title IX regulations apply to every recipient and to each education program or activity operated by such recipient...


other entities controlled by religious organizations. (a) Exemption. These Title IX regulations do not apply to any operation of an educational institution or other...


institutions. These Title IX regulations do not apply to an educational institution whose primary purpose is the training of individuals for a military...


(a) Social fraternities and sororities. These Title IX regulations do not apply to the membership practices of social fraternities and sororities that...


Admissions to educational institutions prior to June 24, 1973, are not covered by these Title IX regulations. (b) Administratively separate units. For the purposes only of...


to submit transition plans. (a) Application. This section applies to each educational institution to which Sec. Sec. 5.300 through 5.310 apply that: (1)...


(a) Submission of plans. An institution to which Sec. 5.225 applies and that is composed of more than one administratively separate unit may submit either a single transition...


(a) This section, which applies to all provisions of these Title IX regulations, addresses statutory amendments to Title IX. (b) These Title IX regulations shall not...


Recruitment Prohibited Sec. 5.300 Admission. (a) General. No person shall, on the basis of sex, be denied admission, or be subjected to discrimination...


Recruitment Prohibited Sec. 5.305 Preference in admission. A recipient to which Sec. Sec. 5.300 through 5.310 apply shall not give preference to applicants...


Recruitment Prohibited Sec. 5.310 Recruitment. (a) Nondiscriminatory recruitment. A recipient to which Sec. Sec. 5.300 through 5.310 apply shall not discriminate...


Activities Prohibited Sec. 5.400 Education programs or activities. (a) General. Except as provided elsewhere in these Title IX...


Activities Prohibited Sec. 5.405 Housing. (a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations, impose...


Activities Prohibited Sec. 5.410 Comparable facilities. A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but...


Activities Prohibited Sec. 5.415 Access to course offerings. (a) A recipient shall not provide any course or otherwise carry out any of its education program...


Activities Prohibited Sec. 5.420 Access to schools operated by LEAs. A recipient that is a local educational agency shall not, on the basis of sex, exclude...


Activities Prohibited Sec. 5.425 Counseling and use of appraisal and counseling materials. (a) Counseling. A recipient shall not discriminate against...


Activities Prohibited Sec. 5.430 Financial assistance. (a) General. Except as provided in paragraphs (b) and (c) of this section, in providing...


Activities Prohibited Sec. 5.435 Employment assistance to students. (a) Assistance by recipient in making available outside employment. A recipient that...


Activities Prohibited Sec. 5.440 Health and insurance benefits and services. Subject to Sec. 5.235(d), in providing a medical, hospital, accident, or...


Activities Prohibited Sec. 5.445 Marital or parental status. (a) Status generally. A recipient shall not apply any rule concerning a student's actual...


Activities Prohibited Sec. 5.450 Athletics. (a) General. No person shall, on the basis of sex, be excluded from participation in, be denied the benefits...


Activities Prohibited Sec. 5.455 Textbooks and curricular material. Nothing in these Title IX regulations shall be interpreted as requiring or prohibiting...


Programs or Activities Prohibited Sec. 5.500 Employment. (a) General. (1) No person shall, on the basis of sex, be excluded from participation in, be...


Programs or Activities Prohibited Sec. 5.505 Employment criteria. A recipient shall not administer or operate any test or other criterion for any...


Programs or Activities Prohibited Sec. 5.510 Recruitment. (a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the basis of sex in...


Programs or Activities Prohibited Sec. 5.515 Compensation. A recipient shall not make or enforce any policy or practice that, on the basis of sex: (a)...


Programs or Activities Prohibited Sec. 5.520 Job classification and structure. A recipient shall not: (a) Classify a job as being for males or...


Programs or Activities Prohibited Sec. 5.525 Fringe benefits. (a) ``Fringe benefits'' defined. For purposes of these Title IX regulations, fringe benefits means:...


Programs or Activities Prohibited Sec. 5.530 Marital or parental status. (a) General. A recipient shall not apply any policy or take any employment action: ...


Programs or Activities Prohibited Sec. 5.535 Effect of state or local law or other requirements. (a) Prohibitory requirements. The obligation to comply with Sec....


Programs or Activities Prohibited Sec. 5.540 Advertising. A recipient shall not in any advertising related to employment indicate preference,...


Programs or Activities Prohibited Sec. 5.545 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to the marital...


Programs or Activities Prohibited Sec. 5.550 Sex as a bona fide occupational qualification. A recipient may take action otherwise prohibited by Sec. Sec....


Within 60 days of September 29, 2000, each Federal agency that awards Federal financial assistance shall publish in the Federal Register a notice of the...


The investigative, compliance, and enforcement procedural provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title VI'') are hereby adopted and...


termination of advisory committees. In general, it is the policy of the Commission that-- (a) Except where there is express legal authority to the contrary, the function...


means any committee, board, commission, council, conference, panel, task force, or similar group, or any subcommittee or other subgroup thereof, that is established...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR7.3] [Page 195] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 7--ADVISORY COMMITTEES--Table of Contents Sec. 7.3 Interpretations. Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by an NRC officer or employee, other than a written interpretation by the General Counsel, shall be binding upon the Commission. ...


authorized by statute or by Executive Order of the President; or (2) Has been determined by the Commission to be in the public interest...


the NRC shall consult with the Committee Management Secretariat. With a full understanding of the background and purpose behind the proposed advisory committee,...


(b) Any proposed changes made to a current charter for an NRC advisory committee shall be coordinated with the General Counsel to ensure that they are...


years after it is established, reestablished, or renewed, unless-- (1) It has been terminated sooner; (2) It has been renewed or reestablished before the end of...


Sec. 7.10. (a) To establish, renew, or reestablish a discretionary advisory committee, a charter must be filed with: [[Page 198]] (1)...


its review of a proposal to establish, reestablish, renew, or utilize an NRC discretionary advisory committee has been completed, the Commission shall publish a notice in...


the functions specified in paragraph (b) of this section. (b) The NRC Advisory Committee Management Officer shall-- (1) Carry out all responsibilities relating to...


NRC advisory committee. The individual holding either position must be employed by the Federal Government on either a full-time or a permanent part-time basis. (b)...


in a place reasonably accessible to the public, including persons with disabilities. Any advisory committee meeting conducted in whole or part by teleconference, video conference,...


(1) The time, date, and place of the meeting; (2) A list of the attendees at the meeting who are advisory committee members or staff, agency employees, or members of...


each NRC advisory committee. A complete set of the charters of NRC advisory committees and copies of the annual reports required by Sec. 7.17(a) will be maintained for...


closure to the General Counsel, citing specific exemptions listed in the Government in the Sunshine Act (5 U.S.C. 552b), as implemented by 10 CFR 9.104, that justify...


to determine whether the committee-- (1) Is carrying out its purposes or, consistent with the provisions of applicable statutes, its responsibilities should...


on a fiscal year basis. The report must contain information regarding NRC advisory committees consistent with instructions provided by the Committee...


serve at the pleasure of the Commission and their terms are at the sole discretion of the Commission. (b) Except where otherwise provided by law, the Commission...


duties, if the member; (a) Qualifies as disabled under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794) ; and (b) Does not otherwise qualify...


General Counsel or designee shall review the interests and affiliations of each member of the Designated Federal Officer's advisory committee annually, and upon the commencement of...


made available to or prepared for or by an NRC advisory committee shall be made available to any person at the actual cost of duplication prescribed in part 9 of this...


may be at the disposal of NRC advisory committees. (b) The Office of the Chief Information Officer shall keep such records as will fully disclose the nature and extent...


section 152 of the Atomic Energy Act of 1954 (68 Stat. 944) to inventions or discoveries made or conceived in the course of activities under licenses issued by the...


under the authority of the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.), hereafter cited as ``the Act,'' as amended by Pub. L. 85-256 (the ``Price-Anderson Act'')...


amended, \11\ the individual States may not, in the absence of an agreement with the Atomic Energy Commission, regulate the materials described in the Act from the...


and 73.55(d)(1). 10 CFR 73.55(c)(5) provides: Isolation zones and all exterior areas within the protected area shall be provided with...


records for inspection and copying. (b) Subpart B implements the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, concerning disclosure and availability of...


section 201 of the Energy Reorganization Act of 1974. Government agency means any executive department, military department, Government corporation,...


the Commission other than a written interpretation by the General Counsel will be recognized as binding upon the Commission. [52 FR 49356, Dec....


sent to the NRC by mail addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike,...


of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct or sponsor, and a person is...


prescribes procedures for making NRC agency records available to the public for inspection and copying pursuant to the provisions of the Freedom of Information Act (5 U.S.C....


Government business. Agency record does not include records such as-- (1) Publicly-available books, periodicals, or other publications that are owned or copyrighted...


agency record in the possession and control of the NRC under the provisions of this subpart, and upon request by any person. Records will be made available in any form...


public disclosure under Sec. 9.15: (1) Records-- (i) That are specifically authorized under criteria established by an Executive Order to be kept secret in...


made available under 5 U.S.C. 552(a)(2), the NRC shall delete information that is exempt under one or more of the exemptions cited in Sec. 9.17. The amount of information...


and Standard Review Plans can be ordered from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia, 22161. (b) For...


the NRC under Sec. 9.21 in person, by telephone, by e- mail, facsimile, or U.S. mail from the NRC Public Document Room, One White Flint North, 11555 Rockville Pike (first...


requester within 20 working days of its determination. If the NRC cannot act upon the request within this period, the NRC will provide the requester with the reasons for the...


disclose the agency record, the Freedom of Information Act and Privacy Act Officer will promptly furnish the agency record or notify the requester where and when the...


request for access to agency records, denial of a request for waiver or reduction of fees, or denial of a request for expedited processing under this subpart within...


time limits prescribed in Sec. 9.25 or Sec. 9.29 by not more than 10 working days. The extension may be made by written notice to the person making the request to explain...


review, when agency records are requested for commercial use; (2) Duplication of agency records provided in excess of 100 pages when agency records are not sought...


on the 31st day following the day on which the billing was sent in accordance with NRC's regulations set out in Sec. 15.37 of this chapter. The rate of interest is...


records made available under Sec. 9.21 at the NRC Public Document Room (PDR), One White Flint North, 11555 Rockville Pike, Room O-1F23, Rockville, MD are as follows: ...


for search and review of agency records by NRC personnel: (a) Clerical search and review at a salary rate that is equivalent to a GG-7/step 7, plus 16 percent...


9.23(b) without charges when agency records are not sought for commercial use and the records are requested by an educational or noncommercial scientific institution, or...


for search and/or duplication, the NRC will notify the requester that fees will be assessed unless the requester has indicated in advance his or her willingness to pay fees as high...


duplicating agency records, except as provided in Sec. 9.39, unless a requester submits a request in writing for a waiver or reduction of fees. To ensure that there will...


request for access to agency records for which the NRC agrees to waive fees under Sec. 9.39 (a) through (d) or Sec. 9.41(c), the NRC will respond to the request as provided in...


NRC will submit a report covering the preceding fiscal year to the Attorney General of the United States which shall include-- (1) The number of determinations made by the...


the provisions of section 3 of the Privacy Act of 1974, Pub. L. 93-579, 5 U.S.C. 552a, with respect to (a) the procedures by which individuals may determine the existence...


admitted for permanent residence. (b) The term maintain includes maintain, collect, use or disseminate. (c) Record means any item, collection or grouping...


NRC in a system of records subject to the provisions of the Privacy Act of 1974: (1) Request a determination whether a record about the individual is contained in...


or other matters relating to the Privacy Act of 1974 may be obtained by writing to the Freedom of Information Act and Privacy Act Officer, by an appropriate method listed in...


and (2) of this section are applicable to any individual who makes requests respecting records about himself, except that no verification of identity shall be required if...


of the record sought, the approximate dates covered by the record, the system of records in which the record is thought to be included and the system manager having custody of...


of his own choosing. Both the individual requesting access and the individual accompanying him shall sign the required form indicating that the Nuclear Regulatory...


or correct or amend records about themselves maintained by NRC in a system of records subject to the provisions of the Privacy Act of 1974, shall be acknowledged in writing...


concerning the existence of, or access to, records about himself which have been compiled in reasonable anticipation of a civil action or proceeding in either a...


by NRC pertaining to medical records under the control of the U.S. Public Health Service or another Government agency will either be referred to the appropriate agency...


Inspector General, the Assistant Inspector General for Investigations shall determine whether access to the record is available under the Privacy Act. For all other agency...


agency records located in the Office of the Inspector General, the Assistant Inspector General for Investigations shall determine whether to authorize or refuse correction...


30 working days of the date of receipt of the final adverse determination of the Inspector General or the Executive Director for Operations. ``Statements of Disagreement'' must...


may if deemed appropriate, prepare a concise statement of the reasons why the requested amendments or corrections were not made. Any NRC ``Statement of Explanation'' must...


Disagreement'' has been filed, the Freedom of Information Act and Privacy Act Officer shall, within 30 working days thereof, advise all prior recipients of the affected record...


NRC personnel shall not disclose any record which is contained in a system of records maintained by NRC by any means of communication to any person, or to another...


court order, the NRC officer or employee served with the subpoena shall be responsible for assuring that the individual is notified of the disclosure within five days after...


compelling circumstances affecting health or safety, the NRC officer or employee who made or authorized the disclosure shall notify the individual at his last known address...


for making copies or extracts of records in order to make them available for review. Fees [[Page 234]] established pursuant to 31 U.S.C. 483c and 5 U.S.C. 552a(f)(5)...


NRC to permit an individual to review, amend or copy a record pertaining to him, or to be accompanied by someone of his own choosing when he reviews his record. A court...


NRC-11, NRC-18, NRC-22, NRC-23, NRC-28, NRC-29, NRC-31, NRC-33, NRC-35, NRC-37, and NRC-39) are exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f)...


prescribes procedures pursuant to which NRC meetings shall be open to public observation pursuant to the provisions of 5 U.S.C. 552b. This subpart does not affect the...


a quorum thereof as provided by section 201 of the Energy Reorganization Act of 1974, or any subdivision of that collegial body authorized to act on its behalf, and...


Commission meetings other than in accordance with this subpart. Except as provided in Sec. 9.104, every portion of every meeting of the Commission shall be open to...


a location such that there is reasonable space and adequate visibility and acoustics, for public observation. No additional right to participate in Commission meetings is granted to...


Commission meetings shall be closed, and the requirements of Sec. Sec. 9.105 and 9.107 shall not apply to any information pertaining to such meeting otherwise required by...


membership of the Commission votes to take such action. A separate vote of the Commissioners shall be taken with respect to each Commission meeting a portion or portions of...


directly affected by a portion of a meeting requests that the Commission close such portion to the public for any of the reasons referred to in paragraphs (a) (5), (6), or (7)...


announcement, at least one week before the meeting, of the time, place, and subject matter of the meeting, whether it is to be open or closed to the public, and the name...


(1) through (10) of Sec. 9.104 and for every determination pursuant to Sec. 9.105(c), the General Counsel shall publicly certify at the time of the public announcement...


with the Government in the Sunshine Act, including a tabulation of the total number of open meetings, the total number of closed meetings, the reasons for closing...


37645, Sept. 17, 1985, unless otherwise noted. (a) This subpart sets forth the procedures to be followed when a subpoena, order, or other demand (hereinafter referred to...


appropriate NRC official. No employee of the NRC shall, in response to a demand of a court or other judicial or quasi-judicial authority, produce any...


disclosure. (a) Prior to or simultaneous with a demand upon an employee of the NRC for the production of material or the disclosure of information described in...


to receiving instructions. If a response to the demand is required before the instructions from the Inspector General or the General Counsel are received, a...


If the court or other judicial or quasi-judicial authority declines to stay the effect of the demand in response to a request made in accordance with Sec. 9.203 pending...


concerning: (1) The eligibility of individuals who are employed by or applicants for employment with NRC contractors, agents, and licensees of the...


NRC access authorization and/or employment clearance involving: (a) Employees (including consultants) of contractors and agents of the Nuclear Regulatory Commission...


the security of the nuclear energy program in a manner consistent with traditional American concepts of justice. To this end, the Commission has established criteria...


a consultant) who is employed by or an applicant for employment with the NRC, NRC contractors, agents, and licensees of the NRC, or other person designated by...


the criteria. (a) The decision as to access authorization and/or employment clearance is a comprehensive, common-sense judgment, made after consideration of...


(a) The criteria for determining eligibility for access authorization and/or employment clearance shall relate, but not be limited, to the following where...


and other investigation. (a) The Director, Division of Facilities and Security, Office of Administration, may authorize the granting of access authorization...


administrative review of questions concerning an individual's eligibility for an access authorization and/or an employment clearance pursuant to the Atomic Energy Act of...


received which raises a question concerning the continued eligibility of an individual for an access authorization and/or an employment clearance, the Director, Division...


approved by the Office of the General Counsel, and signed by the Director, Office of Administration, must be presented to each individual whose eligibility for an...


timely written request for a hearing pursuant to Sec. 10.22, a recommendation as to the final action to be taken will be made by the Director, Division of Facilities and...


answer complying with the requirements set forth in Sec. 10.22, the Director, Office of Administration, shall forthwith appoint a Hearing Examiner, and the General...


of the hearing, review the information in the case and will request the presence of witnesses and the production of documents and other physical evidence relied upon by...


this part, shall be from a list of qualified attorneys possessing the highest degree of integrity, ability, and good judgment. To qualify, an attorney shall have an NRC...


furnished the record in the case, which shall consist of the letter of notification, the request for hearing and its supporting answer, and the notice of hearing, if it...


and decorous manner. Technical rules of evidence may be relaxed so that a full evidentiary record may be made based on all material and relevant facts. Hearsay evidence...


be based upon the entire record consisting of the transcript of the hearing, the documentary and other evidence adduced therein, and the letter of notification and...


not previously available or known to him or her, the individual may petition the Hearing Examiner if the Hearing Examiner's recommendation has not yet been issued,...


Hearing Examiner, and the record, the Director, Office of Administration, shall forthwith transmit it to the Deputy Executive Director for Management Services who has...


Management Services shall designate an NRC Personnel Security Review Panel to conduct a review of the record of the case. The NRC Personnel Security Review Panel shall...


for Management Services, on the basis of the record accompanied by all findings and recommendations, shall make a final determination whether access authorization...


individual has not been afforded an opportunity to confront and cross- examine witnesses who have furnished information adverse to the individual and an adverse recommendation...


through 10.34, the Deputy Executive Director for Management Services or the Commission has made a determination granting an access authorization and/or an employment...


employment clearance or no longer requires such, the procedures of this part shall be terminated without a final determination as to the individual's eligibility...


the individual shall file with the Director, Office of Administration, a document designating such attorney or representative and authorizing such attorney...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR10.38] [Page 254] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 10--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR Subpart D--Miscellaneous Sec. 10.38 Certifications. Whenever information is made a part of the record under the exceptions authorized by Sec. 10.28 (i), (j), or (l), the record shall contain certificates evidencing that the required determinations have been made. ...


authorization, and the criteria and procedures for resolving questions concerning the eligibility of individuals to receive special nuclear material access authorization...


establishment of and eligibility for special nuclear material access authorization for employees, contractors, consultants of, and applicants for employment with licensees...


to establish and administer, in a manner consistent with traditional American concepts of justice, a personnel security program in the interests of the common defense...


70, 72, 73, and 95 of this chapter have the same meaning when used in this part. NRC-``R'' special nuclear material access authorization means an administrative...


has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the...


grant an exemption from the requirements of this part. Exemptions will be granted only if they are authorized by law and will not constitute an undue risk to the common...


the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform...


delivers to a carrier for transport, formula quantities of special nuclear material (as defined in part 73 of this chapter) subject to the physical...


days following approval of the amended security plan submitted in accordance with Sec. 11.11(a), transport, arrange for transport, drive motor vehicles in road shipments...


for special nuclear material access authorization, renewal, or change in level must be filed by the licensee on behalf of the applicant with the Director, Division of...


When a request for an individual's access authorization is withdrawn or canceled, the licensee shall notify the Chief, Personnel Security Branch, NRC Division of Facilities...


material access authorization is a comprehensive, common-sense judgment, made after consideration of all the relevant information, favorable or unfavorable, that to grant...


prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or ...


for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the...


the regulatory requirements for award of attorney fees to eligible individuals and entities in certain administrative proceedings before the Nuclear Regulatory Commission,...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR12.102] [Page 263] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 12--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of Contents Subpart A--General Provisions Sec. 12.102 When the EAJA applies. The EAJA applies to any covered adversary adjudication pending or commenced before the Commission on or after August 5, 1985. ...


following proceedings: (1) Hearings under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-12); (2) Any appeal of a decision made pursuant to section 6 of...


an award of attorney fees and other expenses under the EAJA, the applicant must be a party to the adversary adjudication for which it seeks an award. The term ``party'' is...


receive an award for fees and expenses incurred in connection with a proceeding or a significant and discrete substantive portion of the proceeding, unless the position of...


based on rates customarily charged by persons engaged in the business of acting as attorneys, agents, and expert witnesses, even if the services were made available without charge...


(a) If warranted by an increase in the cost of living or by special circumstances (such as limited availability of attorneys qualified to handle certain types of proceedings),...


entitled to an award because it prevails over another agency of the United States that participates in a proceeding before the Commission and takes a position that is not...


the Commission in a particular proceeding, each application under this part shall be assigned for decision to the official or decisionmaking body that entered the decision...


application for an award of fees and expenses under the EAJA shall identify the applicant and the proceeding for which an award is sought. The application shall show that the...


a qualified tax-exempt organization or cooperative association must provide with its application a detailed exhibit showing the net worth of the applicant and any affiliates...


application shall be accompanied by full documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project, or similar matter...


(a) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than...


Any application for an award or other pleading or document related to an application shall be filed and served on all parties to the proceeding in the same manner as other pleadings...


after service of an application, counsel representing the NRC against which an award is sought may file an answer to the application. Unless the NRC counsel requests an extension...


an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with the reply...


a proceeding other than the applicant and the NRC counsel may file comments on an application within 30 days after it is served, or on an answer within 15 days after it is served....


may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after...


determination of an award will be made on the basis of the written record. However, on request of either the applicant or the [[Page 268]] NRC counsel, or on...


issue an initial decision on the application within 90 days after completion of proceedings on the application. If the adjudicative officer fails to issue an initial...


the NRC counsel may seek review of the initial decision on the fee application, or the Commission may decide to review the decision on its own initiative, in accordance with...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR12.309] [Page 268] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 12--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of Contents Subpart C--Procedures for Considering Applications Sec. 12.309 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...


payment of an award shall submit to the appropriate official of the paying agency a copy of the Commission's final decision granting the award, accompanied by a certification...


21, 1986) (31 U.S.C. 3801-3812). 31 U.S.C. 3809 requires each authority head to promulgate regulations necessary to implement the provisions of that Act. ...


pursuant to 5 U.S.C. 3344. Authority means the Nuclear Regulatory Commission. Authority head means the Commission of five members or a quorum thereof sitting...


or fraudulent; [[Page 271]] (ii) Includes or is supported by any written statement which asserts a material fact which is false, fictitious,...


(1) The subpoena so issued shall notify the person to whom it is addressed of the authority under which the subpoena is issued and shall identify the records or documents sought; ...


adequate evidence to believe that a person is liable under Sec. 13.3 of this part, the reviewing official shall transmit to the Attorney General a written notice of the...


the issuance of a complaint in a written statement described in 31 U.S.C. 3803(b)(1), and (2) In the case of allegations of liability under Sec. 13.3(a) with respect...


may serve a complaint on the defendant, as provided in Sec. 13.8. (b) The complaint shall state-- (1) The allegations of liability against the defendant,...


Rules of Civil Procedure. Service is complete under receipt. (b) Proof of service, stating the name and address of the person on whom the complaint was served, and...


answer shall be made by delivering a copy to the reviewing official or by placing a copy in the United States mail, postage prepaid and addressed to the reviewing official. An...


refer the complaint to the ALJ. [[Page 274]] (b) Upon the referral of the complaint, the ALJ shall promptly serve on defendant in the manner prescribed in...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR13.11] [Page 274] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 13--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 13.11 Referral of complaint and answer to the ALJ. Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ. ...


by Sec. 13.8. At the same time, the ALJ shall send a copy of such notice to the representative of the authority. (b) Such notice shall include-- (1)...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR13.13] [Page 274] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 13--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 13.13 Parties to the hearing. (a) The parties to the hearing shall be the defendant and the authority. (b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the False Claims Act may participate in these proceedings to the extent authorized by the provisions of that Act. [[Page 275]] ...


or presenting a particular case may not, in such case or a factually related case-- (1) Participate in the hearing as the ALJ; (2) Participate or advise...


on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about the status of a case or asking...


(b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit alleging personal bias or other...


(b) Participate in any conference held by the ALJ; (c) Conduct discovery; (d) Agree to stipulation of fact or law, which shall be made part of the record; (e)...


made. (b) The ALJ has the authority to-- (1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties; [[Page 276]] ...


prehearing conference at a reasonable time in advance of the hearing. (c) The ALJ may use prehearing conferences to discuss the following: (1) Simplification of...


and other materials that relate to the allegations set out in the complaint and upon which the findings and conclusions of the investigating official under Sec. 13.4(b)...


admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. (b) For...


exchange witness lists, copies of prior statements of proposed witnesses, and copies of proposed hearing exhibits, including copies of any written statements that the...


issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual [[Page 278]] may also require the individual to produce documents at...


or with respect to the hearing, seeking to limit the availability or disclosure of evidence. (b) In issuing a protective order, the ALJ may make any order...


witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the subpoena when served, except that when a subpoena is issued on behalf...


filed in the proceeding shall contain a caption setting forth the title of the action, the case number assigned by the ALJ, and a designation of the paper (e.g., motion to...


or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by the Federal government, in which event it includes the...


the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during a prehearing conference or at the hearing, all...


the proceeding; (2) Failing to prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct...


is liable for a civil penalty or assessment under Sec. 13.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or...


upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions the reasons that support the penalties...


281]] (2) In any judicial district of the United States in which the claim or statement in issue was made; or (3) In such other place as...


(b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any such written statement must be provided to all...


of Evidence. However, the ALJ may apply the Federal Rules of Evidence where appropriate, e.g., to exclude unreliable evidence. (c) The ALJ shall exclude irrelevant...


a cost not to exceed the actual cost of duplication. (b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed...


time for filing such briefs, not to exceed 60 days from the date the parties receive the transcript of the hearing or, if applicable, the stipulated record. Such briefs may...


of any penalties and assessments imposed. (b) The findings of fact shall include a finding on each of the following issues: (1) Whether the claims or...


within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to be five days from the date of mailing in the absence...


penalty or assessment may appeal such decision to the authority head by filing a notice of appeal with the authority head in accordance with this section. ...


the authority head a written finding that continuation of the administrative process described in this part with respect to a claim or statement may adversely affect...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR13.41] [Page 283] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 13--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 13.41 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the authority head. (b) No administrative stay is available following a final decision of the authority head. ...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR13.42] [Page 283] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 13--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head imposing penalties or assessments under this part and specifies the procedures for such review. [[Page 284]] ...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR13.43] [Page 284] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 13--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 13.43 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. ...


Sec. 13.43, or any amount agreed upon in a compromise or settlement under Sec. 13.46, may be collected by administrative offset under 31 U.S.C. 3716, except that an...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR13.45] [Page 284] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 13--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 13.45 Deposit in Treasury of United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g). ...


compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on which the ALJ...


on which such claim or statement is made. (b) If the defendant fails to serve a timely answer, service of a notice under Sec. 13.10(b) shall be deemed a notice of hearing...


used in this part mean the agency established by section 201(a) of the Energy Reorganization Act of 1974, but do not include any contractor with the Nuclear...


excess of: (1) 25 percent of any judgment rendered under 28 U.S.C. 1346(b); (2) 25 percent of any settlement made under 28 U.S.C. 2677; or (3) 20 percent of any...


may be presented by the owner of the property interest which is the subject of the claim, his or her duly authorized agent, or his or her legal representative. (b) A...


28 U.S.C. 2672, a claim is presented when NRC receives from a claimant, or the claimant's duly authorized agent or legal representative, an...


claim to the office of employment of the NRC employee whose negligent or wrongful act or omission is alleged to have caused the loss or injury. If the office of employment is...


present the claim to the Federal agency whose activities gave rise to the claim. If a claim is erroneously presented to the NRC, the NRC shall transfer it to the appropriate...


one or more other Federal agencies is or may be involved in the events giving rise to the claim, and if the claim is filed with the NRC, the NRC shall contact all other...


another agency, the claimant files with the NRC a claim arising out of the same incident on which the claim filed with the other agency was based, the submission of the claim...


a claim based on death, the claimant may be required to submit the following evidence or information: (1) An authenticated death certificate or other competent evidence...


10 CFR 14.13 at any time prior to final agency action or prior to the exercise of the claimant's option under 28 U.S.C. 2675(a). The claimant or his or her...


the types described in 10 CFR 14.23, to the extent reasonably practicable, when the claim is initially presented. If the claimant fails to furnish sufficient evidence...


furnish any evidence or information which is relevant to its consideration of the claim; (b) Examine the claimant; or (c) Investigate, or request any other Federal agency...


shall exercise the authority to adjust, determine, compromise and settle a claim under the provisions of 28 U.S.C. 2672. [51 FR 35999, Oct....


or settlement of a claim hereunder in excess of $25,000 only with the prior written approval of the Attorney General or his designee. For the purposes of this paragraph,...


a claim in writing to the claimant, his or her attorney or legal representative, by certified or registered mail. The notification of final denial may include a statement of...


to the expiration of the 6-month period provided in 28 U.S.C. 2401(b), a claimant, or his or her duly authorized agent, or legal representative, may file a written request...


settlement in an amount of $2,500 or less made under the provisions of 28 U.S.C. 2672 out of the appropriations available to it. The NRC shall obtain payment of any...


agent, or legal representative, of any award, compromise, or settlement made under the provisions of 28 U.S.C. 2672 or 2677, is final and conclusive on the claimant, his or...


a civil action or proceeding is brought for damage to property, or for personal injury or death, on account of the employee's operation of a motor vehicle in the scope of...


question whether the employee was acting within the scope of [[Page 290]] his or her office or employment will be furnished by the General Counsel or designee to...


that the defendant employee was acting within the scope of his or her office or employment at the time of the incident out of which the suit arose, any civil action...


provided by 28 U.S.C. 1346(b) and 2672 for damage to or loss of property or personal injury or death, resulting from the operation by an employee of the Government of...


Government in the form of money or property and; unless a different procedure is specified in a statute, regulation, or contract; prescribes procedures by which the NRC-- ...


to, or held by the Government for, a person to satisfy a debt the person owes the United States Government. Administrative wage garnishment is the process of...


may be addressed to the Secretary of the Nuclear Regulatory Commission and sent either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,...


(1) Results from activities of the NRC, including fees imposed under part 170 and part 171; or (2) Is referred to the NRC for collection. (b)...


suspend collection action on a claim covered by these procedures, is limited by 31 U.S.C. 3711(a) to claims that-- (a) Have not been referred to another Federal Agency...


and therefore, is not subject to the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). [67 FR 30319, May...


CFR Chapter IX, parts 900-904, does not prevent the NRC from applying these provisions. (b) A debtor may not use the failure of the NRC to comply with any provision...


the Government. The NRC may demand: (a) The return of specific property; or (b) The performance of specific services. [47 FR 7616, Feb. 22, 1982, as amended at 67...


or contract as a single claim in determining whether the claim is less than the monetary limitation for the purpose of compromising or suspending or terminating...


collect all debts. These collection activities will be undertaken promptly and follow-up action will be taken as appropriate. These regulations do not require the Department...


debtor for payment of money or the return of specific property in terms which specify: (1) The basis of the indebtedness and the right of the debtor to seek review...


or more demands, the NRC shall make reasonable efforts by telephone or internet to determine the debtor's intentions. (b) The NRC may undertake an investigation to locate...


NRC when-- (1) A matter involved in the claim needs clarification; (2) Information is needed concerning the debtor's circumstances; or (3) An agreement for...


under Sec. 15.37, the NRC may report a debt that has been delinquent for 90 days to a consumer reporting agency if all the conditions of this paragraph are met. (1)...


is a member of the military establishment or the Coast Guard, collection by offset must be accomplished in accordance with 5 U.S.C. 5514 and the provisions of 10 CFR...


license, permit, or approval which the NRC has granted to the debtor for any inexcusable, prolonged, or repeated failure of the debtor to pay a delinquent debt....


fact or in law within 30 days from the date that the initial demand letter was mailed or hand-delivered. The debtor may support the explanation by affidavits, cancelled checks,...


recover delinquent debts only if the debts are not subject to the DCIA requirement to transfer debts to Treasury for debt collection services, e.g. debts that are less than...


collection by centralized offset on each claim which is liquidated or certain in amount in accordance with the guidance and standards in 31 CFR Chapter IX, parts...


full before it becomes delinquent. If a claim is paid in one lump sum after it becomes delinquent, the NRC shall impose charges for interest, penalties, and administrative costs...


administrative costs on debts owed to the United States Government in accordance with the guidance provided under the FCCS, 31 CFR 901.9. (b) Before assessing...


following receipt of knowledge of the debt in order to aid NRC in making appropriate determinations as to: (a) The collection and compromise of a debt; (b)...


a debtor, before proceeding with further collection action, the NRC will immediately seek legal advice from its Office of the General Counsel concerning the impact of...


if it has not been referred to DOJ for litigation. (b) Unless otherwise provided by law, when the principal balance of a debt, exclusive of interest,...


below: (a) The full amount cannot be collected because: (1) The debtor is unable to pay the full amount within a reasonable time; or (2) The debtor refuses...


or stock in a debtor corporation in compromise of a claim. In negotiating a compromise with a business concern, the NRC should consider requiring a waiver...


of compromise which is accepted by the NRC is final and conclusive on the debtor and on all officials, agencies, and courts of the United States, unless obtained by...


is accepted by NRC should be implemented by means of a mutual release. (1) The debtor is released from further non-tax liability on the compromised debt in consideration...


collection action on a claim not in excess of the monetary limitation of $100,000 or such other amount as the Attorney General may direct, exclusive of interest, penalties,...


(a) The NRC cannot locate the debtor; (b) The debtor's financial condition is not expected to improve; or (c) The debtor has requested a waiver or review of...


(a) The NRC is unable to collect any substantial amount through its own efforts or through the efforts of others; (b) The NRC is unable to locate the debtor; ...


have pursued all appropriate means of collection and determined, based upon the results of the collection activity, that the debt is uncollectible. Termination of...


a judgment is a prerequisite to the imposition of administrative sanctions, the NRC may refer debts for litigation, although termination of collection activity may...


(also referred to as a close out of the debt), the NRC shall take all appropriate steps to collect the debt in accordance with 31 U.S.C. 3711(g), including, as...


activity (as described in subpart B of this part) and that cannot be compromised, or debts on which collection activity cannot be suspended or terminated, to DOJ for...


substantial in amount, to the Civil Division or other appropriate litigating division in DOJ using a CCLR accompanied by supporting data and particulars concerning...


by a Certificate of Indebtedness, to refer all administratively uncollectible claims to the DOJ for litigation. (b) The NRC shall indicate the actions it wishes DOJ...


of a Federal employee's salary without his/her consent to satisfy certain debts owed to the Federal Government. This part applies to all Federal employees who owe debts...


Administrative charges are those amounts assessed by NRC to cover the costs of processing and handling delinquent debts due the Government. Administrative offset...


owed a debt by an individual currently employed by another Federal agency; (b) The NRC is owed a debt by an individual who is a current employee of the NRC; or (c)...


the NRC provides the employee with a signed written notice of the debt at least 30 days before salary offset commences. The notice will be delivered in person or by...


requirements, and, therefore, is not subject to the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). [67 FR 57508, Sept....


accordance with the instructions outlined in the creditor agency's notice of offset. (2) If the NRC is the creditor agency, a hearing may be requested by filing...


days after the hearing. (b) The written opinion must include: (1) A statement of the facts presented to demonstrate the nature and origin of the alleged debt; ...


all debts that are delinquent as defined in the FCCS (over 180 days old) so that recovery may be made by centralized administrative offset. This includes those debts the...


will be by the method and in the amount stated in the NRC's notice of intention to offset as provided in Sec. 16.7. Debts will be collected in one lump sum where possible....


to the NRC when the debt is waived, found not owed to the NRC, or when directed by an administrative or Judicial order. (b) The creditor agency will promptly return any...


agency's right to collect the debt first accrued, the agency may not collect by salary offset unless facts material to the Government's right to collect were not known and...


under these regulations will not be construed as a waiver of any rights that the employee may have under 5 U.S.C. 5514 or any other provision of contract or law,...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR16.23] [Page 311] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 16--SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT--Table of Contents Sec. 16.23 Interest, penalties, and administrative charges. Charges may be assessed for interest, penalties, and administrative charges in accordance with the FCCS, 31 CFR Chapter IX, 901.9. [67 FR 57509, Sept. 11, 2002] ...


licensees to individuals participating in licensed activities and options available to these individuals in connection with Commission inspections of licensees to...


by the Nuclear Regulatory Commission pursuant to the regulations in parts 30 through 36, 39, 40, 60, 61, 63, 70, or part 72 of this chapter, including persons licensed...


amendments thereto. Commission means the United States Nuclear Regulatory Commission. Exclusion means the removal of counsel representing multiple interests from...


meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be...


regulations in this part should be addressed to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in Appendix D of part 20...


information collection requirements contained in [[Page 313]] this part to the Office of Management and Budget (OMB) for approval as required by the...


(1) The regulations in this part and in part 20 of this chapter; (2) The license, license conditions, or documents incorporated into a license by reference, and...


a year an occupational dose in excess of 100 mrem (1 mSv) shall be-- (1) Kept informed of the storage, transfer, or use of radiation and/ or radioactive material; ...


any measurements, analyses, and calculations of radioactive material deposited or retained in the body of an individual, shall be reported to the individual as specified in...


the Commission at all reasonable times opportunity to inspect materials, activities, facilities, premises, and records pursuant to the regulations in this chapter. (b)...


matters of occupational radiation protection and other matters related to applicable provisions of Commission regulations and licenses to the extent the inspectors...


of the Act, the regulations in this chapter, or license conditions exists or has occurred in license activities with regard to radiological working conditions in which...


respect to a complaint under Sec. 19.16, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has...


witnesses compelled by subpoena to submit to agency interviews shall be sequestered unless the official conducting the interviews permits otherwise. (b) Any witness compelled...


pursuant to part 76) or a contractor or subcontractor of a licensee (or a holder of a certificate of compliance issued pursuant to part 76) against an employee for engaging...


the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or...


such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not result in undue hazard to life...


the benefit of, or be subjected to discrimination under any program or activity licensed by the Nuclear Regulatory Commission. This provision will be enforced through...


for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section...


(a) The regulations in this part establish standards for protection against ionizing radiation resulting from activities conducted under licenses issued by the...


receive, possess, use, transfer, or dispose of byproduct, source, or special nuclear material or to operate a production or utilization facility under Parts 30 through 36,...


by ionizing radiation per unit mass of irradiated material. The units of absorbed dose are the rad and the gray (Gy). Act means the Atomic Energy Act of 1954 (42...


radiation dose are: Gray (Gy) is the SI unit of absorbed dose. One gray is equal to an absorbed dose of 1 Joule/kilogram (100 rads). [[Page 327]] Rad...


the special unit of curies (Ci) or in the SI unit of becquerels (Bq), or their multiples, or disintegrations (transformations) per unit of time. (a) One becquerel =...


interpretation of the meaning of the regulations in this part by an officer or employee of the Commission other than a written interpretation by the General Counsel will...


regulations in this part should be addressed to the Executive Director for Operations (EDO), and sent either by mail to the U.S. Nuclear Regulatory Commission, Washington,...


must be used in lieu of requirements in the standards for protection against radiation in effect prior to January 1, 1994 \1\ that are cited in license conditions...


has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the...


noted. (a) Each licensee shall develop, document, and implement a radiation protection program commensurate with the scope and extent of licensed activities...


otherwise noted. (a) The licensee shall control the occupational dose to individual adults, except for planned special exposures under Sec. 20.1206, to...


(a) If the licensee is required to monitor under both Sec. Sec. 20.1502 (a) and (b), the licensee shall demonstrate compliance with the dose limits by summing external and...


Licensees shall, when determining the dose from airborne radioactive material, include the contribution to the deep-dose equivalent, lens dose equivalent, and shallow-dose equivalent...


to determine compliance with occupational dose equivalent limits, the licensee shall, when required under Sec. 20.1502, take suitable and timely measurements of-- ...


in addition to and accounted for separately from the doses received under the limits specified in Sec. 20.1201 provided that each of the following conditions...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR20.1207] [Page 332] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION--Table of Contents Subpart C--Occupational Dose Limits Sec. 20.1207 Occupational dose limits for minors. The annual occupational dose limits for minors are 10 percent of the annual dose limits specified for adult workers in Sec. 20.1201. ...


dose equivalent to the embryo/fetus during the entire pregnancy, due to the occupational exposure of a declared pregnant woman, does not exceed 0.5 rem (5 mSv). (For...


FR 23398, May 21, 1991, unless otherwise noted. (a) Each licensee shall conduct operations so that -- (1) The total effective dose equivalent to individual members...


(a) The licensee shall make or cause to be made, as appropriate, surveys of radiation levels in unrestricted and controlled areas and radioactive materials in...


otherwise noted. (a) The criteria in this subpart apply to the decommissioning of facilities licensed under Parts 30, 40, 50, 60, 61, 63, 70, and 72 of...


for unrestricted use if the residual radioactivity that is distinguishable from background radiation results in a TEDE to an average member of the critical group...


A site will be considered acceptable for license termination under restricted conditions if: (a) The licensee can demonstrate that further reductions in residual...


a license using alternate criteria greater than the dose criterion of Sec. Sec. 20.1402, 20.1403(b), and 20.1403(d)(1)(i)(A), if the licensee-- (1) Provides...


an LTP or decommissioning plan from the licensee, or a proposal by the licensee for release of a site pursuant to Sec. Sec. 20.1403 or 20.1404, or whenever the Commission deems...


after August 20, 1997, shall describe in the application how facility design and procedures for operation will minimize, to the extent practicable, contamination of...


(a) Each licensee shall make or cause to be made, surveys that-- (1) May be necessary for the licensee to comply with the regulations in this part; and (2)...


Each licensee shall monitor exposures to radiation and radioactive material at levels sufficient to demonstrate compliance with the occupational dose limits of...


May 21, 1991, unless otherwise noted. (a) The licensee shall ensure that each entrance or access point to a high radiation area has one or more of the...


the requirements in Sec. 20.1601, the licensee shall institute additional measures to ensure that an individual is not able to gain unauthorized or inadvertent access to areas...


engineering controls. Source: 56 FR 23400, May 21, 1991, unless otherwise noted. The licensee shall use, to the extent practical, process or...


(a) When it is not practical to apply process or other engineering controls to control the concentrations of radioactive material in the air to values below those...


protection equipment. If the licensee assigns or permits the use of respiratory protection equipment to limit the intake of radioactive material, (a)...


the use of respiratory protection equipment. The Commission may impose restrictions in addition to the provisions of Sec. Sec. 20.1702, 20.1703, and Appendix A to Part...


of higher assigned protection factors. The licensee shall obtain authorization from the Commission before using assigned protection factors in excess of those specified...


noted. The licensee shall secure from unauthorized removal or access licensed materials that are stored in controlled or...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR20.1802] [Page 341] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION--Table of Contents Subpart I--Storage and Control of Licensed Material Sec. 20.1802 Control of material not in storage. The licensee shall control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage. ...


(a) Standard radiation symbol. Unless otherwise authorized by the Commission, the symbol prescribed by this part shall use the colors magenta, or purple, or black...


each radiation area with a conspicuous sign or signs bearing the radiation symbol and the words ``CAUTION, RADIATION AREA.'' (b) Posting of high radiation areas....


signs in areas or rooms containing radioactive materials for periods of less than 8 hours, if each of the following conditions is met: (1) The materials are...


material bears a durable, clearly visible label bearing the radiation symbol and the words ``CAUTION, RADIOACTIVE MATERIAL'' or ``DANGER, RADIOACTIVE MATERIAL.'' The...


(a) Containers holding licensed material in quantities less than the quantities listed in appendix C to part 20; or (b) Containers holding licensed material...


receive a package containing quantities of radioactive material in excess of a Type A quantity, as defined in Sec. 71.4 and appendix A to part 71 of this chapter, shall...


(a) A licensee shall dispose of licensed material only-- (1) By transfer to an authorized recipient as provided in Sec. 20.2006 or in...


a license may apply to the Commission for approval of proposed procedures, not otherwise authorized in the regulations in this chapter, to dispose of licensed material...


into sanitary sewerage if each of the following conditions is satisfied: (1) The material is readily soluble (or is readily dispersible biological material) in...


licensed material by incineration only: (1) As authorized by paragraph (b) of this section; or (2) If the material is in a form and concentration specified in...


as if it were not radioactive: (1) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of medium used for liquid scintillation counting; and ...


to 10 CFR part 20 are designed to-- (1) Control transfers of low-level radioactive waste by any waste generator, waste collector, or waste processor licensee, as...


relieves the licensee from complying with other applicable Federal, State, and local regulations governing any other toxic or hazardous properties of materials that may...


(a) Each licensee shall use the units: curie, rad, rem, including multiples and subdivisions, and shall clearly indicate the units of all quantities on records required...


the radiation protection program, including: (1) The provisions of the program; and (2) Audits and other reviews of program content and implementation. (b)...


and calibrations required by Sec. Sec. 20.1501 and 20.1906(b). The licensee shall retain these records for 3 years after the record is made. (b) The licensee...


receive in a year, an occupational dose requiring monitoring pursuant to Sec. 20.1502 the licensee shall-- (1) Determine the occupational radiation dose received during...


for planned special exposures, the licensee shall maintain records that describe-- (1) The exceptional circumstances requiring the use of a planned special...


maintain records of doses received by all individuals for whom monitoring was required pursuant to Sec. 20.1502, and records of doses received during planned...


sufficient to demonstrate compliance with the dose limit for individual members of the public (see Sec. 20.1301). (b) The licensee shall retain the records required...


licensed materials made under Sec. Sec. 20.2002, 20.2003, 20.2004, 20.2005, 10 CFR part 61 and disposal by burial in soil, including burials authorized before January...


period. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that...


otherwise noted. (a) Telephone reports. (1) Each licensee shall report by telephone as follows: (i) Immediately after its occurrence becomes known to...


notification, each licensee shall immediately report any event involving byproduct, source, or special nuclear material possessed by the licensee that may have caused...


constraints or limits. (a) Reportable events. In addition to the notification required by Sec. 20.2202, each licensee shall submit a written report within 30...


Administrator of the appropriate NRC Regional Office listed in appendix D to part 20 within 30 days following any planned special exposure conducted in accordance with...


the provisions of Sec. Sec. 20.2203, 20.2204, or 20.2206, to report to the Commission any exposure of an identified occupationally exposed individual, or an identified member...


the Commission to-- (1) Operate a nuclear reactor designed to produce electrical or heat energy pursuant to Sec. 50.21(b) or Sec. 50.22 of this chapter or a testing...


otherwise noted. [[Page 354]] The Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of...


impose requirements on a licensee, in addition to those established in the regulations in this part, as it deems appropriate or necessary to protect health or to...


prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or ...


prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or ...
...


1974. That section requires any individual director or responsible officer of a firm constructing, owning, operating or supplying the components of any...


of this chapter, to each individual, partnership, corporation, or other entity licensed pursuant to the regulations in this chapter to possess, use, or transfer within the...


this chapter, basic component means a structure, system, or component, or part thereof that affects its safety function necessary to assure: (A) The integrity of the...


any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon...


to the NRC's Document Control Desk, and sent either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices...


post current copies of-- (i) The regulations in this part; (ii) Section 206 of the Energy Reorganization Act of 1974; and (iii) Procedures adopted pursuant...


the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the...


this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct or...


other entity subject to the regulations in this part shall adopt appropriate procedures to-- (1) Evaluate deviations and failures to comply to identify defects...


ensure that each procurement document for a facility, or a basic component issued by him, her or it on or after January 6, 1978, specifies, [[Page...


Commission to inspect records, premises, activities, and basic components as necessary to accomplish the purposes of this part. [60 FR 48374, Sept....


this part shall prepare and maintain records necessary to accomplish the purposes of this part, specifically-- (1) Retain evaluations of all deviations and failures...


provisions of this chapter but is subject to the regulations in this part who knowingly and consciously fails to provide the notice required as by Sec. 21.21...


of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 21...


licensee personnel, licensee contractors or agents, and other persons (e.g., individuals involved in adjudicatory procedures as set forth in 10 CFR part 2, subpart I)...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR25.3] [Page 429] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL--Table of Contents Sec. 25.3 Scope. The regulations in this part apply to licensees and others who may require access to classified information related to a license or an application for a license. [62 FR 17687, Apr. 11, 1997] ...


an applicant for employment with the NRC, NRC contractors, agents, licensees and certificate holders, or other person designated by the Executive Director for Operations,...


by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon...


in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The...


Director, Division of Facilities and Security, Mail Stop T7-D57, and sent either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery...


the regulations of this part, that are-- (a) Authorized by law, will not present an undue risk to the public health and safety, and are consistent with the...


part, shall maintain records as prescribed within the part. These records are subject to review and inspection by CSA representatives during security reviews. (b) Each...


to (1) Secret and Confidential Restricted Data and (2) Secret and Confidential National Security Information including intelligence information, CRYPTO (i.e.,...


(e.g., 10 CFR part 2, subpart I) who need access to classified information in connection with activities under 10 CFR parts 50, 52, 54,70, 72, or 76. (b) The...


is the CSA, the application and its accompanying fee must be submitted to the NRC Division of Facilities and Security. If necessary, the NRC Division of Facilities and...


investigations, the record will be reviewed to determine that granting an access authorization or renewal of access authorization will not...


the licensee or organization that initiated the request. Upon receipt of the notification of original grant of access authorization, the licensee or organization shall obtain, as...


withdrawn or canceled, the requestor shall notify the CSA immediately by telephone so that the single scope background investigation, national agency check with law and...


Form 237 or CSA equivalent) for individuals whose cases were previously canceled, new fingerprint cards (FD-257) in duplicate and a new Security Acknowledgment (NRC Form...


since the date of termination of the clearance; (2) There has been no break in employment with the employer since the date of termination of the clearance; (3)...


an individual who possesses an access authorization in connection with a particular employer or activity to permit access to classified information in connection with an...


(2) An individual is separated from the employment or the activity for which he or she obtained an access authorization for a period of 90 days or more; or (3)...


determine that the visit is [[Page 437]] necessary and that the purpose of the visit cannot be achieved without access to, or disclosure of, classified...


of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) Any regulation or order issued under these Acts. (b)...


attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in...


the licensed nuclear power industry, and by licensees authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM). [58...


to transport formula quantities of SSNM. Each licensee shall implement a fitness-for-duty program which complies with this part. The provisions of the fitness-for-duty program must...


in the manufacture of a nuclear explosive device, except if: (1) The dimensions are large enough (at least 2 meters in one dimension, greater than 1 meter in each of...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR26.4] [Page 440] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 26--FITNESS FOR DUTY PROGRAMS--Table of Contents Sec. 26.4 Interpretations. Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. ...


in this part as it determines [[Page 441]] are authorized by law and will not endanger life or property or the common defense and security and are otherwise...


to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct or sponsor, and a...


personnel of licensees authorized to possess or use formula quantities of SSNM, will perform their tasks in a reliable and trustworthy manner and are not under the influence...


objectives and specific requirements of this part. Each licensee shall retain a copy of the current written policy and procedures as a record until the...


ensure they understand-- (1) Licensee policy and procedures, including the methods that will be used to implement the policy; (2) The personal and public health and...


understand-- (1) Their role and responsibilities in implementing the program; (2) The roles and responsibilities of others, such as the personnel, medical, and...


the licensee's program [[Page 443]] relating to fitness for duty, or to a program, formally reviewed and approved by the licensee, which meets the requirements...


persons subject to this part: (1) Testing within 60 days prior to the initial granting of unescorted access to protected areas or assignment to activities...


offering assessment, short-term counseling, referral services, and treatment monitoring to employees with problems that could adversely affect the performance of activities...


scope of this part were ever denied the individual before the initial-- (i) Granting of unescorted access to a nuclear power plant protected area; (ii) Granting...


establish a procedure for licensee and contractor or vendor employees to appeal a positive alcohol or drug determination. The procedure must provide notice and an opportunity...


shall establish and maintain a system of files and procedures for the protection of the personal information. This system must be maintained until the Commission...


records and inspect its premises, activities, and personnel as may be necessary to accomplish the purposes of this part. (b) Written agreements between licensees and...


Sec. 26.23 shall-- (a) Retain records of inquiries conducted in accordance with Sec. 26.27(a), [[Page 448]] that result in the granting of...


or possession of illegal drugs within the protected area and, (2) Any acts by any person licensed under 10 CFR part 55 to operate a power reactor or by any...


every 12 months, of those portions of fitness-for- duty programs implemented by contractors and vendors. Licensees may accept audits of contractors and vendors conducted...


amended; (2) Title II of the Energy Reorganization Act of 1974; or (3) Any regulation or order issued under these Acts. (b) A court order may be obtained for the...


amended; (2) Title II of the Energy Reorganization Act of 1974; or (3) Any regulation or order issued under these Acts. (b) A court order may be obtained for the...
...


byproduct material under the Atomic Energy Act of 1954, as amended (68 Stat. 919), and under title II of the Energy Reorganization Act of 1974 (88 Stat. 1242), and...


requirements of this chapter. In any conflict between the requirements in this part and a specific requirement in another part of the regulations in this chapter, the...


person shall manufacture, produce, transfer, receive, acquire, own, possess, or use byproduct material except as authorized in a specific or general license issued pursuant...


Agreement State means any state with which the Atomic Energy Commission or the Nuclear Regulatory Commission has entered into an effective agreement under subsection 274b....


of the regulations in this part and parts 31 through 36 and 39 by any officer or employee of the Commission other than a written interpretation by the General Counsel will...


paragraph (b) of this section, any communication or report concerning the regulations in parts 30 through 36 and 39 of this chapter and any application filed under...


a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited. Discrimination...


requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et...


license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee...


certificate of registration, employee of a licensee, certificate of registration holder or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of...


grant such exemptions from the requirements of the regulations in this part and parts 31 through 36 and 39 of this chapter as it determines are authorized by law and will...


Except to the extent that Department facilities or activities of the types subject to licensing pursuant to section 202 of the Energy Reorganization Act of 1974 are...


exempt from the regulations in this part and parts 31 through 36 and 39 of this chapter and the requirements for a license set forth in section 81 of the Act to the extent that...


exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in this part and parts 31 through 36 and 39 of this chapter to the extent...


who incorporate byproduct material into, the following products, or persons who initially transfer for sale or distribution the following products containing...


the requirements for a license set forth in section 81 of the Act and from the regulations in parts 20 and 30 through 36 and 39 of this chapter to the extent that such...


from the requirements for a license set forth in section 81 of the Act and from the regulations in parts 30 through 34, 36 and 39 of this chapter to the extent that such...


process, produce, or initially transfer for sale or distribution self-luminous products containing tritium, krypton-85, or promethium-147, and except as provided...


or initially transfer for sale or distribution gas and aerosol detectors containing byproduct material, any person is exempt from the requirements for a license set...


provided in paragraphs (b) and (c) of this section, any person is exempt from the requirements for a license set forth in Section 81 of the Act and from the regulations in...


Commission issues a specific license to a named person who has filed an application for the license under the provisions of this part and parts 32 through 36, and 39. (b)...


Material License,'' in accordance with the instructions in Sec. 30.6 of this chapter. Information contained in previous applications, statements or reports filed with...


approved if: (1) The application is for a purpose authorized by the Act; (2) The applicant's proposed equipment and facilities are adequate to protect health and...


regulations in parts 31 through 36 and 39 of this chapter shall be subject to all the provisions of the Act, now or hereafter in effect, and to all valid rules, regulations...


the possession and use of unsealed byproduct material of half-life greater than 120 days and in quantities exceeding 10\5\ times the applicable quantities set forth...


(a)(1) Except as provided in paragraph (a)(2) of this section, each specific license expires at the end of the day on the expiration date stated in the license unless...


313 and in accordance with Sec. 30.32. (b) If any licensee granted the extension described in 10 CFR 30.36(a)(2) has a currently pending renewal application for the...


accordance with Sec. 30.32 and shall specify the respects in which the licensee desires its license to be amended and the grounds for the amendment. [49 FR 19625,...


amend his license the Commission will apply the applicable criteria set forth in Sec. 30.33 and parts 32 through 36 and 39 of this chapter. [30 FR 8185, June 26, 1965,...


to this section. (b) Except as otherwise provided in his license and subject to the provisions of paragraphs (c) and (d) of this section, any licensee may...


not later than 4 hours after the discovery of an event that prevents immediate protective actions necessary to avoid exposures to radiation or radioactive materials that...


regulations in this part and parts 31 through 36 of this chapter shall keep records showing the receipt, transfer, and disposal of the byproduct material as follows: (1)...


byproduct material and the premises and facilities wherein byproduct material is used or stored. (b) Each licensee shall make available to the Commission for...


appropriate or necessary for the administration of the regulations in this part and parts 31 through 36 and 39 of this chapter, including tests of: (a)...


licensee who is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office listed in appendix D of part 20 of this chapter by...


in this part and parts 31 through 35 of this chapter shall be subject to amendment, revision or modification by reason of amendments to the Act, or by reason of...


of byproduct material from any licensee who is not equipped to observe or fails to observe such safety standards to protect health as may be established by the Commission,...


the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or...


for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section...


...


Byproduct material Microcuries ------------------------------------------------------------------------ Antimony 122 (Sb 122).........................................


Byproduct material Microcuries ------------------------------------------------------------------------ Antimony 122 (Sb 122).........................................
...


byproduct material. Specific provisions of 10 CFR Part 30 are applicable to general licenses established by this part. These provisions are specified in Sec. 31.2 or in...


30.1 through 30.10), the provisions of Sec. Sec. 30.14(d), 30.34(a) to (e), 30.41, 30.50 to 30.53, 30.61 to 30.63, and Parts 19, 20, and 21, of this chapter \1\ unless...


in the following devices or equipment which have been manufactured, tested and labeled by the manufacturer in accordance with the specifications contained in a...


in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct...


general license is hereby issued to commercial and industrial firms and research, educational and medical institutions, individuals in the conduct of their business, and Federal,...


holder to manufacture, install, or service a device described in Sec. 31.5 within such Agreement State is hereby granted a general license to install and service...


promethium-147 contained in luminous safety devices for use in aircraft, provided each device contains not more than 10 curies of tritium or 300 millicuries of promethium-147 and...


receive, acquire, possess, use and transfer, in accordance with the provisions of paragraphs (b) and (c) of this section, americium-241 in the form of calibration or...


other provision of this chapter, a general licensee under this paragraph is not authorized to manufacture, produce, transfer, receive, possess, use, import or...


and transfer strontium 90 contained in ice detection devices, provided each device contains not more than fifty microcuries of strontium 90 and each device has been...


to any physician, veterinarian in the practice of veterinary medicine, clinical laboratory or hospital to receive, acquire, possess, transfer, or use, for any of...


The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform...


Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. ...


attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in...


to persons who manufacture or initially transfer items containing byproduct material for sale or distribution to: (1) Persons exempted from the licensing...


to a part of the body that will result from retention in the body of radioactive material. For purposes of estimating the dose commitment, it is assumed that from the time...


retention period specified by each Commission regulation. The record may be the original or a reproduced copy of a microform provided that the copy or microform is authenticated...


submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction...


in exempt concentrations into products or materials, and transfer of ownership or possession: Requirements for license. An application for a...


(a) Each person licensed under Sec. 32.11 shall maintain records of transfer of material and file a report with the Director of Nuclear Material Safety...


No person may introduce byproduct material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under Sec....


material; requirements for license to apply or initially transfer. An application for a specific license to apply byproduct material to, or to incorporate...


of transfer, and labeling. (a) Each person licensed under Sec. 32.14 shall: (1) Maintain quality assurance practices in the manufacture of the part or...


Records and reports of transfer. (a) Each person licensed under Sec. 32.14 or Sec. 32.17 shall maintain records of all transfers of nuclear material and file...


designed for sand-consolidation in oil wells: Requirements for license to manufacture, or initially transfer for sale or distribution. An application for...


of exempt quantities of byproduct material: Requirements for license. An application for a specific license to manufacture, process, produce, package, repackage,...


Each license issued under Sec. 32.18 is subject to the following conditions: (a) No more than 10 exempt quantities set forth in Sec. 30.71, Schedule B of this...


reports. (a) Each person licensed under Sec. 32.18 of this part shall maintain records of transfer of material identifying, by name and address, each person to...


or transfer for commercial distribution of capsules containing carbon-14 urea each for ``in vivo'' diagnostic use for humans to persons exempt from...


Each license issued under Sec. 32.21 of this part is subject to the following conditions: (a) The immediate container of the capsule(s) must bear a...


krypton-85 or promethium-147: Requirements for license to manufacture, process, produce, or initially transfer. (a) An application for a specific license...


An applicant for a license under Sec. 32.22 shall demonstrate that the product is designed and will be manufactured so that: (a) In normal use and disposal of a single...


Column Column Column Column Part of body...


Sec. 32.22: Quality control, labeling, and reports of transfer. Each person licensed under Sec. 32.22 shall: (a) Carry out adequate control procedures in...


byproduct material: Requirements for license to manufacture, process, produce, or initially transfer. An application for a specific license to...


An applicant for a license under Sec. 32.26 shall demonstrate that the product is designed and will be manufactured so that: (a) In normal use and disposal of a single...


Column Column Part of body...


Sec. 32.26: Quality control, labeling, and reports of transfer. Each person licensed under Sec. 32.26 shall: (a) Carry out adequate control procedures in...


automobile lock illuminators. An applicant for a license pursuant to Sec. 32.14 to install lock illuminators into automobile locks, or to initially transfer...


devices for use under Sec. 31.5; requirements for license to manufacture, or initially transfer. (a) An application for a specific license to manufacture,...


(a) If a device containing byproduct material is to be transferred for use under the general license contained in Sec. 31.5 of this chapter, each person that is licensed...


records. Each person licensed under Sec. 32.51 to initially transfer devices to generally licensed persons shall comply with the requirements of this section. ...


aircraft: Requirements for license to manufacture, assemble, repair or initially transfer. An application for a specific license to manufacture, assemble, repair...


(a) A person licensed under Sec. 32.53 to manufacture, assemble, or initially transfer devices containing tritium or [[Page 528]] promethium-147 for...


transfer. (a) Each person licensed under Sec. 32.53 shall visually inspect each device and shall reject any which has an observable physical defect that...


Each person licensed under Sec. 32.53 shall file an annual report with the Director of Nuclear Material Safety and Safeguards, by an appropriate method listed in Sec....


americium-241: Requirements for license to manufacture or initially transfer. An application for a specific license to manufacture or initially...


Each person licensed under Sec. 32.57 shall affix to each source, or storage container for the source, a label which shall contain sufficient information relative to safe use...


Each person licensed under Sec. 32.57 shall perform a dry wipe test upon each source containing more than 0.1 microcurie of americium-241 prior to transferring the...


requirements for license to manufacture or initially transfer. An application for a specific license to manufacture or initially transfer ice...


transfer. (a) Each person licensed under Sec. 32.61 shall visually inspect each device and shall reject any which has an observable physical defect that...


byproduct material for certain in vitro clinical or laboratory testing under general license. An application for a specific license to manufacturer or distribute...


for commercial distribution of radioactive drugs containing byproduct material for medical use under part 35. (a) An application for a specific license...


sources or devices containing byproduct material for medical use. (a) An application for a specific license to manufacture and distribute sources and devices...


luminous safety devices for use in aircraft. An applicant for a license pursuant to Sec. 32.53 shall conduct prototype tests on each of five prototype luminous...


calibration or reference sources containing americium-241. An applicant for a license pursuant to Sec. 32.57 shall, for any type of source which is designed to...


detection devices containing strontium-90. An applicant for a license pursuant to Sec. 32.61 shall conduct prototype tests on each of five prototype ice...


under certain specific licenses. (a) A random sample shall be taken from each inspection lot of devices licensed under Sec. Sec. 32.14, 32.53, or 32.61 of this...


(a) Any manufacturer or initial distributor of a sealed source or device containing a sealed source whose product is intended for use under a specific...


may obtain an injunction or other court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the...


223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation...


(``broad licenses'') and certain regulations governing holders of such licenses. The provisions and requirements of this part are in addition to, and not...


requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The...


receipt, acquisition, ownership, possession, use, and transfer of any chemical or physical form of the byproduct material specified in the license, but not...


NRC Form 313, ``Application for Material License,'' in accordance with the provisions of Sec. 30.32 of this chapter. [68 FR 58805, Oct....


of broad scope will be approved if: (a) The applicant satisfies the general requirements specified in Sec. 30.33 of this chapter; (b) The applicant has engaged in...


of broad scope will be approved if: (a) The applicant satisfies the general requirements specified in Sec. 30.33 of this chapter; and (b) The applicant...


of broad scope will be approved if: (a) The applicant satisfies the general requirements specified in Sec. 30.33 of this chapter; and (b) The applicant submits...


other than one of broad scope will be considered by the Commission as an application for a specific license of broad scope under this part if the requirements of the...


licensed under this part shall not: (1) Conduct tracer studies in the environment involving direct release of byproduct material; (2) Receive, acquire,...


of-- (1) The Atomic Energy Act of 1954, as amended; [[Page 545]] (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3)...


willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all...


Col. I Col. II Byproduct material curies...


This part prescribes requirements for the issuance of licenses for the use of sealed sources containing byproduct material and radiation safety requirements for...


ALARA (acronym for ``as low as is reasonably achievable'') means making every reasonable effort to maintain exposures to radiation as far below the dose limits specified in 10...


Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the...


OMB approval. (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office...


specific license. A person may file an application for specific license for use of sealed sources in industrial radiography on NRC Form 313, ``Application...


industrial radiography. An application for a specific license for the use of licensed material in industrial radiography will be approved if the applicant meets...


industrial radiography equipment. Equipment used in industrial radiographic operations must meet the following minimum criteria: (a)(1) Each...


from storage containers and source changers. The maximum exposure rate limits for storage containers and source changers are 2 millisieverts (200 millirem)...


devices, storage containers and source changers. (a) Each radiographic exposure device must have a lock or outer locked container designed to prevent unauthorized...


(a) The licensee shall keep sufficient calibrated and operable radiation survey instruments at each location where radioactive material is present to make...


sealed sources. (a) The replacement of any sealed source fastened to or contained in a radiographic exposure device and leak testing of any sealed source must...


(a) Each licensee shall conduct a quarterly physical inventory to account for all sealed sources and for devices containing depleted uranium received and possessed under...


radiographic exposure devices, transport and storage containers, associated equipment, source changers, and survey instruments. (a) The licensee shall...


(a) Each entrance that is used for personnel access to the high radiation area in a permanent radiographic installation must have either: (1) An...


transportation. (a) The licensee may not use a source changer or a container to store licensed material unless the source changer or the storage container has...


operations. (a) Whenever radiography is performed at a location other than a permanent radiographic installation, the radiographer must...


Officer for industrial radiography. The RSO shall ensure that radiation safety activities are being performed in accordance with approved procedures and...


(a) The licensee may not permit any individual to act as a radiographer until the individual-- (1) Has received training in the subjects in paragraph (g) of...


emergency procedures. (a) Operating and emergency procedures must include, as a minimum, instructions in the following: (1) Appropriate handling and use of...


assistants. Whenever a radiographer's assistant uses radiographic exposure devices, associated equipment or sealed sources or conducts radiation...


(a) The licensee may not permit any individual to act as a radiographer or a radiographer's assistant unless, at all times during radiographic operations,...


The licensee shall: (a) Conduct surveys with a calibrated and operable radiation survey instrument that meets the requirements of Sec. 34.25. (b) Using...


During each radiographic operation the radiographer, or the other individual present, as required by Sec. 34.41, shall maintain continuous direct visual surveillance of...


All areas in which industrial radiography is being performed must be conspicuously posted as required by Sec. 20.1902(a) and (b) of this chapter. Exceptions listed in Sec....


specific license for industrial radiography. Each licensee shall maintain a copy of its license, license conditions, documents incorporated by...


transfer of sealed sources. (a) Each licensee shall maintain records showing the receipts and transfers of sealed sources and devices using DU for shielding and...


instruments. Each licensee shall maintain records of the calibrations of its radiation survey instruments that are required under Sec. 34.25 and retain...


of sealed sources and devices containing depleted uranium. Each licensee shall maintain records of leak test results for sealed sources and for devices containing...


(a) Each licensee shall maintain records of the quarterly inventory of sealed sources and of devices containing depleted uranium as required by Sec. 34.29...


(a) Each licensee shall maintain utilization logs showing for each sealed source the following information: (1) A description, including the make, model, and...


maintenance of radiographic exposure devices, transport and storage containers, associated equipment, source changers, and survey instruments. (a)...


and entrance control checks at permanent radiographic installations. Each licensee shall maintain records of alarm system and entrance control device tests...


and certification. Each licensee shall maintain the following records (of training and certification) for 3 years after the record is made: (a) Records of...


emergency procedures. Each licensee shall maintain a copy of current operating and emergency procedures until the Commission terminates the license....


procedures. Each licensee shall maintain the following exposure records specified in Sec. 34.47: (a) Direct reading dosimeter readings and...


Each licensee shall maintain a record of each exposure device survey conducted before the device is placed in storage as specified in Sec. 34.49(c), if...


Each record required by this part must be legible throughout the specified retention period. The record may be the original or a reproduced copy or a microform provided...


and records. (a) Each licensee shall maintain copies of records required by this part and other applicable parts of this chapter at the location specified in...


(a) In addition to the reporting requirements specified in Sec. 30.50 and under other sections of this chapter, such as Sec. 21.21, each licensee shall send a written...


The Commission may, upon application of any interested person or upon its own initiative, grant an exemption from the requirements of the regulations in this...


(a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; ...


(a) Section 223 of the Atomic Energy Act of 1952, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to...


byproduct material and for issuance of specific licenses authorizing the medical use of this material. These requirements and provisions provide for the radiation safety...


license and where byproduct material may be received, prepared, used, or stored. Agreement State means any State with which the Commission or the Atomic Energy Commission...


period. The record may be the original, a reproduced copy, or a microform if the copy or microform is authenticated by authorized personnel and the microform...


human research subjects only if it uses the byproduct materials specified on its license for the uses authorized on its license. (b) If the research is...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR35.7] [Page 569] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 35--MEDICAL USE OF BYPRODUCT MATERIAL--Table of Contents Subpart A--General Information Sec. 35.7 FDA, other Federal, and State requirements. Nothing in this part relieves the licensee from complying with applicable FDA, other Federal, and State requirements governing radioactive drugs or devices. ...


collection requirements contained in this part to the Office of Management and Budget (OMB) [[Page 570]] for approval as required by the Paperwork...


24, 2002, with the exception of the requirements listed in paragraph (b) of this section. (b) A licensee shall implement the training requirements in Sec. Sec....


or transfer byproduct material for medical use only in accordance with a specific license issued by the Commission or an Agreement State, or as allowed in paragraphs (b)(1)...


or licensee's management. [[Page 571]] (b) An application for a license for medical use of byproduct material as described in Sec. Sec. 35.100,...


(a) Before it receives, prepares, or uses byproduct material for a type of use that is permitted under this part, but that is not authorized on the licensee's current license...


Commission or Agreement State license, the permit issued by a Commission master material licensee, the permit issued by a Commission or Agreement State licensee of broad...


specific license of broad scope for medical use, issued under Part 33 of this chapter, is exempt from-- (a) The provisions of Sec. 35.12(d) regarding the need to file...


if-- (1) The applicant has filed NRC Form 313 ``Application for Material License'' in accordance with the instructions in Sec. 35.12; (2) The applicant...


own initiative, grant exemptions from the regulations in this part that it determines are authorized by law and will not endanger life or property or the common defense...


the radiation protection program requirements of Sec. 20.1101 of this chapter, a licensee's management shall approve in writing-- (1) Requests for a license...


program without Commission approval if-- [[Page 574]] (1) The revision does not require a license amendment under Sec. 35.13; (2) The revision is...


byproduct material by an individual under the supervision of an authorized user, as allowed by Sec. 35.11(b)(1), shall-- (1) In addition to the requirements in Sec. 19.12...


before the administration of I-131 sodium iodide greater than 1.11 megabecquerels (MBq) (30 microcuries ([mu]Ci)), any therapeutic dosage of unsealed byproduct material...


a written directive, the licensee shall develop, implement, and maintain written procedures to provide high confidence that: (1) The patient's or human...


only use-- (a) Sealed sources or devices manufactured, labeled, packaged, and distributed in accordance with a license issued under 10 CFR Part 30 and 10 CFR 32.74 of...


require an individual fulfilling the responsibilities of the Radiation Safety Officer as provided in Sec. 35.24 to be an individual who-- (a) Is certified by...


shall require the authorized medical physicist to be an individual who-- (a) Is certified by a specialty board whose certification process includes all of the...


licensee shall require the authorized nuclear pharmacist to be a pharmacist who-- (a) Is certified as a nuclear pharmacist by a specialty board whose certification...


and nuclear pharmacist. (a) An individual identified as a Radiation Safety Officer, a teletherapy or medical physicist, or a nuclear pharmacist on a Commission...


G, H, and J of this part must have been obtained within the 7 years preceding the date of application or the individual must have had related continuing education and...


(a) For direct measurements performed in accordance with Sec. 35.63, a licensee shall possess and use instrumentation to measure the activity of...


to show compliance with this part and 10 CFR Part 20 before first use, annually, and following a repair that affects the calibration. A licensee shall-- (1) Calibrate...


shall determine and record the activity of each dosage before medical use. (b) For a unit dosage, this determination must be made by-- (1) Direct measurement...


Sec. 35.11 for medical use of byproduct material may receive, possess, and use any of the following byproduct material for check, calibration, transmission, and reference...


licensee in possession of any sealed source or brachytherapy source shall follow the radiation safety and handling instructions supplied by the manufacturer. (b) A licensee...


must be labeled to identify the radioactive drug. Each syringe shield and vial shield must also be labeled unless the label on the syringe or vial is visible...


Part 20 of this chapter, a licensee shall survey with a radiation detection survey instrument at the end of each day of use. A licensee shall survey all areas where...


(a) A licensee may authorize the release from its control of any individual who has been administered unsealed byproduct material or implants containing...


580]] (1) Obtain a letter signed by the management of each client for which services are rendered that permits the use of byproduct material at...


less than 120 days for decay-in-storage before disposal without regard to its radioactivity if it-- (1) Monitors byproduct material at the surface before disposal...


which a written directive is not required. Except for quantities that require a written directive under Sec. 35.40(b), a licensee may use any unsealed byproduct...


in Sec. 35.57, the licensee shall require an authorized user of unsealed byproduct material for the [[Page 581]] uses authorized under Sec. 35.100 to be a...


a written directive is not required. Except for quantities that require a written directive under Sec. 35.40(b), a licensee may use any unsealed byproduct material...


humans a radiopharmaceutical that contains more than 0.15 kilobecquerel of molybdenum-99 per megabecquerel of technetium-99m (0.15 microcurie of molybdenum-99 per...


35.57, the licensee shall require an authorized user of unsealed byproduct material for the uses authorized under Sec. 35.200 to be a physician who-- (a) Is certified by...


A licensee may use any unsealed byproduct material prepared for medical [[Page 583]] use and for which a written directive is required that is-- ...


(a) A licensee shall provide radiation safety instruction, initially and at least annually, to personnel caring for patients or human research subjects who cannot...


be released under Sec. 35.75, a licensee shall-- (1) Quarter the patient or the human research subject either in-- (i) A private room with a private sanitary...


required. Except as provided in Sec. 35.57, the licensee shall require an authorized user of unsealed byproduct material for the uses authorized under Sec. 35.300 to...


written directive in quantities less than or equal to 1.22 gigabecquerels (33 millicuries). Except as provided in Sec. 35.57, the licensee shall require an authorized...


written directive in quantities greater than 1.22 gigabecquerels (33 millicuries). Except as provided in Sec. 35.57, the licensee shall require an authorized user for...


therapeutic medical uses: (a) As approved in the Sealed Source and Device Registry; or (b) In research in accordance with an active Investigational...


or a human research subject, the licensee shall make a survey to locate and account for all sources that have not been implanted. (b) Immediately after removing the...


for all brachytherapy sources in storage or use. (b) As soon as possible after removing sources from a patient or a human research subject, a licensee shall...


(a) The licensee shall provide radiation safety instruction, initially and at least annually, to personnel caring for patients or human research subjects who are receiving...


cannot be released under Sec. 35.75, a licensee shall-- (1) Not quarter the patient or the human research subject in the same room as an individual who is...


brachytherapy source on or after October 24, 2002, a licensee shall have-- (1) Determined the source output or activity using a dosimetry system that meets the requirements...


shall calculate the activity of each strontium-90 source that is used to determine the treatment times for ophthalmic treatments. The decay must be based on the...


planning system of therapy-related computer systems in accordance with published protocols accepted by nationally recognized bodies. At a minimum, the acceptance testing...


shall require an authorized user of a manual brachytherapy source for the uses authorized under Sec. 35.400 to be a physician who-- (a) Is certified by a medical...


shall require the authorized user of strontium-90 for ophthalmic radiotherapy to be a physician who-- (a) Is an authorized user under Sec. 35.490, or, before October...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR35.500] [Page 589] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 35--MEDICAL USE OF BYPRODUCT MATERIAL--Table of Contents Subpart G--Sealed Sources for Diagnosis Sec. 35.500 Use of sealed sources for diagnosis. A licensee shall use only sealed sources for diagnostic medical uses as approved in the Sealed Source and Device Registry. ...


licensee shall require the authorized user of a diagnostic sealed source for use in a device authorized under Sec. 35.500 to be a physician, dentist, or podiatrist who-- ...


a remote afterloader unit, teletherapy unit, or gamma stereotactic radiosurgery unit. A licensee shall use sealed sources in photon emitting remote...


human research subjects treated with a remote afterloader unit. (a) Before releasing a patient or a human research subject from licensee control, a licensee shall...


and repair. (a) Only a person specifically licensed by the Commission or an Agreement State shall install, maintain, adjust, or repair a remote...


instructions for remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units. (a) A licensee shall-- (1) Secure the unit, the console,...


remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units. (a) A licensee shall control access to the treatment room by a door at...


(a) Except for low dose-rate remote afterloader sources where the source output or activity is determined by the manufacturer, a licensee shall have a...


on teletherapy units. (a) A licensee authorized to use a teletherapy unit for medical use shall perform full calibration measurements on each teletherapy...


remote afterloader units. (a) A licensee authorized to use a remote afterloader unit for medical use shall perform full calibration measurements on each unit-- ...


on gamma stereotactic radiosurgery units. (a) A licensee authorized to use a gamma stereotactic radiosurgery unit for medical use shall perform full...


teletherapy units. (a) A licensee authorized to use teletherapy units for medical use shall perform output spot-checks on each teletherapy unit once in each...


remote afterloader units. (a) A licensee authorized to use a remote afterloader unit for medical use shall perform spot-checks of each remote afterloader facility and...


gamma stereotactic radiosurgery units. (a) A licensee authorized to use a gamma stereotactic radiosurgery unit for medical use shall perform spot-checks of each...


for mobile remote afterloader units. (a) A licensee providing mobile remote afterloader service shall-- (1) Check survey instruments before medical use...


(a) In addition to the survey requirement in Sec. 20.1501 of this chapter, a person licensed under this subpart shall make surveys to ensure that the maximum...


teletherapy and gamma stereotactic radiosurgery units. (a) A licensee shall have each teletherapy unit and gamma stereotactic radiosurgery unit fully inspected...


The licensee shall perform acceptance testing on the treatment planning system of therapy-related computer systems in accordance with published...


remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units. Except as provided in Sec. 35.57, the licensee shall require an authorized user...


an individual fulfilling the responsibilities of the Radiation Safety Officer as provided in Sec. 35.24 to be an individual who-- (a) Is certified by the-- ...


35.57, the licensee shall require the authorized user of a radiopharmaceutical in Sec. 35.100(a) to be a physician who-- (a) Is certified in-- (1) Nuclear medicine...


licensee shall require the authorized user of a radiopharmaceutical, generator, or reagent kit in Sec. 35.200(a) to be a physician who-- (a) Is certified in-- ...


Sec. 35.57, the licensee shall require the authorized user of radiopharmaceuticals in Sec. 35.300 to be a physician who-- (a) Is certified by-- (1) The American Board...


shall require the authorized user of only iodine-131 for the treatment of hyperthyroidism to be a physician with special experience in thyroid disease who has had...


licensee shall require the authorized user of only iodine-131 for the treatment of thyroid carcinoma to be a physician with special experience in thyroid disease who has...


licensee shall require the authorized [[Page 601]] user of a brachytherapy source listed in Sec. 35.400 for therapy to be a physician who-- (a) Is...


licensee shall require the authorized user of only strontium-90 for ophthalmic radiotherapy to be a physician who is in the active practice of therapeutic radiology...


licensee shall require the authorized user of a sealed source in a device listed in Sec. 35.500 to be a physician, dentist, or podiatrist who-- (a) Is certified in-- ...


the licensee shall require the authorized user of a sealed source listed in Sec. 35.600 to be a physician who-- (a) Is certified in-- (1) Radiology,...


physicist to be an individual who-- (a) Is certified by the American Board of Radiology in-- (1) Therapeutic radiological physics; (2) Roentgen ray...


pharmacist to be a pharmacist who-- (a) Has current board certification as a nuclear pharmacist by the Board of Pharmaceutical Specialties; or (b)(1)...


a license amendment identifying an experienced nuclear pharmacist as an authorized nuclear pharmacist before it allows this individual to work as an authorized...


or radiation from byproduct material. A licensee may use byproduct material or a radiation source approved for medical use which is not...


shall retain a record of actions taken by the licensee's management in accordance with Sec. 35.24(a) for 5 years. The record must include a summary of the actions taken and...


program change made in accordance with Sec. 35.26(a) for 5 years. The record must include a copy of the old and new procedures; the effective date of the change;...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR35.2040] [Page 604] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 35--MEDICAL USE OF BYPRODUCT MATERIAL--Table of Contents Subpart L--Records Sec. 35.2040 Records of written directives. A licensee shall retain a copy of each written directive as required by Sec. 35.40 for 3 years. ...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR35.2041] [Page 604] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 35--MEDICAL USE OF BYPRODUCT MATERIAL--Table of Contents Subpart L--Records Sec. 35.2041 Records for procedures for administrations requiring a written directive A licensee shall retain a copy of the procedures required by Sec. 35.41(a) for the duration of the license. ...


A licensee shall maintain a record of instrument calibrations required by Sec. 35.60 for 3 years. The records must include the model and serial number of the instrument,...


instrument calibrations required by Sec. 35.61 for 3 years. The record must include the model and serial number of the instrument, the date of the calibration,...


a record of dosage determinations required by Sec. 35.63 for 3 years. (b) The record must contain-- (1) The radiopharmaceutical; (2) The patient's or...


licensee shall retain records of leak tests required by Sec. 35.67(b) for 3 years. The records must include the model number, and serial number if one has been assigned, of each...


survey required by Sec. 35.70 for 3 years. The record must include the date of the survey, the results of the survey, the instrument used to make the survey, and the name of...


material. (a) A licensee shall retain a record of the basis for authorizing the release of an individual in accordance with Sec. 35.75, if the total effective...


use of byproduct material at a client's address, as required by Sec. 35.80(a)(1). Each letter must clearly delineate the authority and responsibility of the licensee and...


required by Sec. 35.92, for 3 years. The record must include the date of the disposal, the survey instrument used, the background radiation level, the radiation...


tests required by Sec. 35.204(b) for 3 years. The record must include, for each measured elution of technetium-99m, the ratio of the measures expressed...


Sec. Sec. 35.310, 35.410, and 35.610 for 3 years. The record must include a list of the topics covered, the date of the instruction, the name(s) of the attendee(s), and...


required by Sec. Sec. 35.404 and 35.604 for 3 years. Each record must include the date and results of the survey, the survey instrument used, and the name of the...


accountability required by Sec. 35.406 for 3 years. (b) For temporary implants, the record must include-- (1) The number and activity of sources removed...


record of the calibrations of brachytherapy sources required by Sec. 35.432 for 3 years after the last use of the source. (b) The record must include-- (1) The date of...


a record of the activity of a strontium-90 source required by Sec. 35.433 for the life of the source. (b) The record must include-- (1) The date and initial...


and gamma stereotactic radiosurgery units. A licensee shall retain a record of the installation, maintenance, adjustment, and repair of remote afterloader...


35.610(a)(4) and (d)(2) until the licensee no longer possesses the remote afterloader, teletherapy unit, or gamma stereotactic...


radiosurgery units. (a) A licensee shall retain a record of the calibration, intercomparison, and comparisons of its dosimetry equipment done in accordance...


(a) A licensee shall maintain a record of the teletherapy unit, remote afterloader unit, and gamma stereotactic radiosurgery unit full calibrations required by Sec. Sec....


each periodic spot-check for teletherapy units required by Sec. 35.642 for 3 years. (b) The record must include-- (1) The date of the spot-check; (2)...


of each spot-check for remote afterloader units required by Sec. 35.643 for 3 years. (b) The record must include, as applicable-- (1) The date of the spot-check; ...


retain a record of each spot-check for gamma stereotactic radiosurgery units required by Sec. 35.645 for 3 years. (b) The record must include-- (1) The date of...


shall retain a record of each check for mobile remote afterloader units required by Sec. 35.647 for 3 years. (b) The record must include-- (1) The date of...


surveys of treatment units made in accordance with Sec. 35.652 for the duration of use of the unit. (b) The record must include-- (1) The date of...


(a) A licensee shall maintain a record of the 5-year inspections for teletherapy and gamma stereotactic radiosurgery units required by Sec. 35.655 for the duration of use of the...


for an event that results from patient intervention, in which the administration of byproduct material or radiation from byproduct material results in-- (1) A dose...


report any dose to an embryo/fetus that is greater than 50 mSv (5 rem) dose equivalent that is a result of an administration of byproduct material or radiation from...


Sec. 35.67 reveals the presence of 185 Bq ( 0.005 [mu]Ci) or more of removable contamination. The report must be filed with the appropriate NRC Regional Office listed in...


violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3)...


criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes...


issuance of a license authorizing the use of sealed sources containing radioactive materials in irradiators used to irradiate objects or materials using gamma radiation....


1 year or (2) once per year, at about the same time each year (plus or minus 1 month). Doubly encapsulated sealed source means a sealed source in which the...


writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission, other than a written interpretation by the...


Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by...


in Sec. 30.4 of this chapter, may file an application for a specific license authorizing the use of sealed sources in an irradiator on Form NRC 313, ``Application for...


an application for a specific license for the use of licensed material in an irradiator if the applicant meets the requirements contained in this section. (a) The...


a new irradiator prior to the submission to NRC of both an application for a license for the irradiator and the fee required by Sec. 170.31. As used in this section,...


application of any interested person or upon its own initiative, grant any exemptions from the requirements in this part that it determines are authorized by law and will...


original application, the Commission may request further information necessary to enable the Commission to determine whether the application should be granted or denied. ...


(a) Requirements. Sealed sources installed after July 1, 1993: (1) Must have a certificate of registration issued under 10 CFR 32.210; (2) Must be doubly encapsulated; ...


at a panoramic irradiator must have a door or other physical barrier to prevent inadvertent entry of personnel if the sources are not in the shielded position....


that are normally occupied during operation of a panoramic irradiator may not exceed 0.02 millisievert (2 millirems) per hour at any location 30 centimeters or more from...


irradiator must have heat and smoke detectors. The detectors must activate an audible alarm. The alarm must be capable of alerting a person who is prepared to...


conveyor systems must have a radiation monitor with an audible alarm located to detect loose radioactive sources that are carried toward the product exit. If the...


moves the sources of a panoramic irradiator must require a key to actuate. Actuation of the mechanism must cause an audible signal to indicate that the sources are leaving...


after July 1, 1993, irradiator pools must either: (1) Have a water-tight stainless steel liner or a liner metallurgically compatible with other components in the...


moves on a product conveyor system, the source rack and the mechanism that moves the rack must be protected by a barrier or guides to prevent products and product carriers...


irradiator is lost for longer than 10 seconds, the sources must automatically return to the shielded position. (b) The lock on the door of the radiation room of...


after July 1, 1993, must meet the design requirements of this section. (a) Shielding. For panoramic irradiators, the licensee shall design shielding walls to...


The requirements of this section must be met for irradiators whose construction begins after July 1, 1993. The requirements must be met prior to loading sources. ...


operate an irradiator without a supervisor present, the individual must be instructed in: (1) The fundamentals of radiation protection applied to irradiators (including...


and follow written operating procedures for-- (1) Operation of the irradiator, including entering and leaving the radiation room; (2) Use of...


a personnel dosimeter that is processed and evaluated by an accredited National Voluntary Laboratory Accreditation Program (NVLAP) processor while operating a panoramic...


shielding of the radiation room of a panoramic irradiator must be conducted with the sources in the exposed position before the facility starts to operate. A radiation...


source must be tested for leakage at intervals not to exceed 6 months using a leak test kit or method approved by the Commission or an Agreement State. In the absence of...


and maintenance checks that include, as a minimum, each of the following at the frequency specified in the license or license application: (1) Operability of...


run sufficiently to maintain the conductivity of the pool water below 20 microsiemens per centimeter under normal circumstances. If pool water conductivity rises above...


at least one other individual, who is trained on how to respond and prepared to promptly render or summon assistance if the access control alarm sounds, shall be...


radiation room of a panoramic irradiator after an irradiation, the irradiator operator shall use a survey meter to determine that the source has returned to its fully...


explosive material is prohibited unless the licensee has received prior written authorization from the Commission. Authorization will not be granted unless the licensee...


following records at the irradiator for the periods specified. (a) A copy of the license, license conditions, documents incorporated into a license by reference,...


NRC regulations, the licensee shall report the following events if not reported under other parts of NRC regulations: (1) Source stuck in an unshielded position. ...


court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as...


1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i,...


the issuance of a license authorizing the use of licensed materials including sealed sources, radioactive tracers, radioactive markers, and uranium sinker bars in well logging...


source, with an activity not exceeding 3.7 MBq [100 microcuries], used within a logging tool, or other tool components, to provide a reference standard to maintain the...


writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission, other than a written interpretation by the...


Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by...


in Sec. 30.4 of this chapter, shall file an application for a specific license authorizing the use of licensed material in well logging on Form NRC 313, ``Application for...


approve an application for a specific license for the use of licensed material in well logging if the applicant meets the following requirements: (a) The applicant...


perform well logging with a sealed source only after the licensee has a written agreement with the employing well owner or operator. This written agreement must identify who will...


the condition that the licensee will, at any time before expiration of the license, upon the Commission's request, submit written statements, signed under oath...


The licensee may not use a source, source holder, or logging tool that contains licensed material unless the smallest component that is transported as a separate piece of...


operable radiation survey instrument capable of detecting beta and gamma radiation at each field station and temporary jobsite to make the radiation surveys required...


Each licensee who uses a sealed source shall have the source tested for leakage periodically. The licensee shall keep a record of leak test results...


to account for all licensed material received and possessed under the license. The licensee shall retain records of the inventory for 3 years from the date of...


each use of licensed material showing-- (1) The make, model number, and a serial number or a description of each sealed source used; (2) In the case of...


a sealed source for use in well logging applications if -- (1) The sealed source is doubly encapsulated; (2) The sealed source contains licensed material whose chemical...


(a) Each licensee shall visually check source holders, logging tools, and source handling tools, for defects before each use to ensure that the equipment is in good working...


radioactive tracer material to use protective gloves and, if required by the license, other protective clothing and equipment. The licensee shall take precautions...


only if the individual markers contain quantities of licensed material not exceeding the quantities specified in Sec. 30.71 of this chapter. The use of markers is subject...


logging applications only if it is legibly impressed with the words ``CAUTION-- RADIOACTIVE-DEPLETED URANIUM'' and ``NOTIFY CIVIL AUTHORITIES (or COMPANY NAME)...


use a sealed source in a well without a surface casing for protecting fresh water aquifers only if the licensee follows a procedure for reducing the probability of the...


(ECS) which is contained within a logging tool, or other tool components, only if the ECS contains quantities of licensed material not exceeding 3.7 MBq...


target source, containing quantities not exceeding 1,110 GBg [30 curies] and in a well with a surface casing to protect fresh water aquifers, is subject to...


act as a logging supervisor until that person-- (1) Has completed training in the subjects outlined in paragraph (e) of this section; (2) Has received copies...


develop and follow written operating and emergency procedures that cover-- (a) The handling and use of licensed materials including the use of sealed sources in wells...


individual to act as a logging supervisor or logging assistant unless that person wears, at all times during the handling of licensed radioactive materials, a personnel...


including but not limited to the surveys required under paragraphs (b) through (e) of this section, of each area where licensed materials are used and stored. ...


evidence that a sealed source has ruptured or licensed materials have caused contamination, the licensee shall initiate immediately the emergency procedures required by...


at a temporary jobsite whenever licensed materials are being handled or are not stored and locked in a vehicle or storage place. The logging supervisor may leave...


shall maintain the following documents and records at the field station: (a) A copy of parts 19, 20, and 39 of NRC regulations; (b) The license authorizing the use...


Each licensee conducting operations at a temporary jobsite shall maintain the following documents and records at the temporary jobsite until the well logging operation is completed: ...


irretrievable sources. (a) The licensee shall immediately notify the appropriate NRC Regional Office by telephone and...


any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and...


other court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974,...


1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i,...


or deliver source and byproduct materials, as defined in this part, and establish and provide for the terms and conditions upon which the Commission will issue...


gives notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services,...


10 CFR chapter I for possession of residual radioactive materials as defined in this part that are located at a site where milling operations are no longer active, if the site...


care, deliver or dispose of byproduct material or residual radioactive material as defined in this part or any source material after removal from its place of deposit...


which the Atomic Energy Commission or the Nuclear Regulatory Commission has entered into an effective agreement under subsection 274b. of the Atomic Energy Act of 1954,...


communication or report concerning the regulations in this part and any application filed under these regulations may be submitted to the Commission as follows: (1) By...


any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon...


Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited. Discrimination includes discharge and other actions that relate...


this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The NRC may not conduct or...


by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in...


consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor,...


or activities of the types subject to licensing pursuant to section 202 of the Energy Reorganization Act of 1974 or the Uranium Mill Tailings Radiation Control...


Service are exempt from the regulations in this part and the requirements for a license set forth in section 62 of the Act to the extent that they transport or store...


forth in section 62 of the Act to the extent that such person receives, possesses, uses, transfers or delivers source material in any chemical mixture, compound, solution, or...


requirements of the regulation in this part as it determines are authorized by law and will not endanger life or property or the common [[Page 649]] defense...


custody of residual radioactive material at disposal sites are general licenses. The general licenses provided in this part are effective without the filing of applications...


byproduct material, as defined in this part, without regard to quantity. This general license does not authorize any person to receive, possess, deliver, use, or transfer source...


medical institutions and Federal, State and local government agencies to use and transfer not more than fifteen (15) pounds of source material at any one time for...


hereby issued to any person to possess a transient shipment of natural uranium, other than in the form of ore or ore residue, in amounts exceeding 500 kilograms. (b)(1)...


transfer, in accordance with the provisions of paragraphs (b), (c), (d), and (e) of this section, depleted uranium contained in industrial products or devices for the purpose...


to, own, or possess byproduct material as defined in this part without regard to form or quantity. (b) The general license in paragraph (a) of this section applies...


and long-term care, including monitoring, maintenance, and emergency measures necessary to protect public health and safety and other actions necessary to comply with...


custody of and long-term care, including monitoring, maintenance, and emergency measures necessary to protect the public health and safety and other actions necessary to...


accordance with the instructions in Sec. 40.5 of this chapter. Information contained in previous applications, statements or reports filed with the Commission may...


a purpose authorized by the Act; and (b) The applicant is qualified by reason of training and experience to use the source material for the purpose requested in such manner...


each application with regard to the licensing of the construction and operation of a uranium enrichment facility. The Commission will publish public notice of the hearing in...


depleted uranium, or to initially transfer such products or devices, for use pursuant to Sec. 40.25 of this part or equivalent regulations of an Agreement State, will...


quality control required by the license in the manufacture of the industrial product or device, and in the installation of the depleted uranium into the product or device; ...


for uranium or thorium milling, or byproduct material at sites formerly associated with such milling, for which financial assurance requirements are...


owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or (b) The issuance of such a license would be inimical to-- (1) The...


act, now or hereafter in effect, and to all rules, regulations and orders of the Commission. (b) Neither the license nor any right under the license shall be assigned...


of this section, each specific license expires at the end of the day on the expiration date stated in the license unless the licensee has filed an application...


(b) If any licensee granted the extension described in 10 CFR 40.42(a)(2) has [[Page 667]] a currently pending renewal application for the extended license,...


shall specify the respects in which the licensee desires the license to be amended and the grounds for such amendment. [49 FR 19627, May 9, 1984, as amended at 56 FR...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR40.45] [Page 667] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL--Table of Contents Sec. 40.45 Commission action on applications to renew or amend. In considering an application by a licensee to renew or amend his license the Commission will apply the applicable criteria set forth in Sec. 40.32. [26 FR 284, Jan. 14, 1961, as amended at 43 FR 6924, Feb. 17, 1978] ...


of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the Commission shall after securing...


(b) Except as otherwise provided in his license and subject to the provisions of paragraphs (c) and (d) of this section, any licensee may transfer source or...


an event that prevents immediate protective actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits or releases...


records showing the receipt, transfer, and disposal of this source or byproduct material as follows: (1) The licensee shall retain each record of receipt of source...


and facilities wherein source or byproduct material is used or stored. (b) Each licensee shall make available to the Commission for inspection, upon...


the regulations in this part, including tests of: (a) Source or byproduct material; (b) Facilities wherein source or byproduct material is utilized...


in any manner, of uranium or thorium source material with foreign obligations by 1 kilogram or more or who imports or exports 1 kilogram of uranium or thorium...


hexafluoride, or in a uranium enrichment facility shall: (1) Within 60 days after January 1, 1976 and July 1, 1976, and within 60 days after January 1 and July 1 of...


form of ore or ore residue, in amounts exceeding 500 kilograms, shall notify the Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response, by...


Nuclear Material. (a) Each licensee authorized to import natural uranium, other than in the form of ore or ore residue, in amounts exceeding 500 kilograms, from...


reason of amendments to the Act, or by reason of rules, regulations, or orders issued in accordance with the Act. (b) Any license may be revoked, suspended, or modified, in...


Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b)...


Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b)...
...


to the Atomic Energy Act of 1954, as amended (68 Stat. 919), and Title II of the Energy Reorganization Act of 1974 (88 Stat. 1242), to provide for the licensing...


Alternate ac source means an alternating current (ac) power source that is available to and located at or nearby a nuclear power plant and meets the...


in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon...


700]] the applicant or licensee to the Nuclear Regulatory Commission concerning the regulations in this part or individual license conditions...


a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any...


subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited. Discrimination includes discharge...


requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The...


a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete...


interstate commerce, manufacture, produce, transfer, acquire, possess, or use any production or utilization facility except as authorized by a license issued by...


(a) The manufacture, production, or acquisition by the Department of Defense of any utilization facility authorized pursuant to section 91 of the Act, or the use of such...


exemptions from the requirements of the regulations of this part, which are-- (1) Authorized by law, will not present an undue risk to the public health and safety, and...


and operate a production or utilization facility, or for an amendment to such license, is not required to provide for design features or other measures for the...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR50.20] [Page 708] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents Sec. 50.20 Two classes of licenses. Licenses will be issued to named persons applying to the Commission therefor, and will be either class 104 or class 103. ...


an applicant who qualifies, for any one or more of the following: to transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use. ...


any one or more of the following: To transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use a production or...


to the issuance of a license if the application is otherwise acceptable, and will be converted upon due completion of the facility and Commission action into a license...


a license to construct and/or operate a production or utilization facility (including amendments to the applications) must be submitted to the U.S. Nuclear Regulatory...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR50.31] [Page 710] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents Sec. 50.31 Combining applications. An applicant may combine in one his several applications for different kinds of licenses under the regulations in this chapter. ...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR50.32] [Page 710] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents Sec. 50.32 Elimination of repetition. In his application, the applicant may incorporate by reference information contained in previous applications, statements or reports filed with the Commission: Provided, That such references are clear and specific. ...


of applicant; (c) Description of business or occupation of applicant; (d)(1) If applicant is an individual, state citizenship. (2) If applicant is a...


power reactor shall submit the information requested by the Attorney General as described in appendix L to this part, if the application is for a class 103 permit and if...


power reactor shall submit the information requested by the Attorney General as described in appendix L to this part, if the application is for a class 103 permit and if...
...


(a) An application for a permit to construct a nuclear power reactor shall include a description of the preliminary design of equipment to be installed to maintain control...


shall include in his application proposed technical specifications in accordance with the requirements of this section. A summary statement of the bases or reasons for...


to unrestricted areas during normal conditions, including expected occurrences, as low as is reasonably achievable, each licensee of a nuclear power reactor will...


a nuclear power reactor facility for which the certification of permanent cessation of operations required under Sec. 50.82(a)(1) has been submitted, which is of a type...


Data or classified National Security Information or the issuance of a license or construction permit, the applicant shall agree in writing that it will not permit...


other entity which the Commission knows or has reason to believe is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government, shall...


be made available for public inspection in accordance with the provisions of the regulations contained in part 2 of this chapter. Standards for Licenses...


considerations: (a) The processes to be performed, the operating procedures, the facility and equipment, the use of the facility, and other technical specifications,...


Commission will, in addition to applying the standards set forth in Sec. 50.40 be guided by the following considerations: (a) The Commission will permit the widest amount...


Commission will, in addition to applying the standards set forth in Sec. 50.40, be guided by the following considerations: (a) The proposed activities will serve a...


set forth in Sec. Sec. 50.40 and 50.42, in the case of a class 103 license for a facility for the generation of commercial power: (a) The NRC will: (1)...


with less than 4 percent oxygen by volume. (2) Mixed atmosphere means that the concentration of combustible gases in any part of the containment is below a level...


alter a production or utilization facility will be initially granted a construction permit, if the application is in conformity with and acceptable under the criteria of Sec....


pressurized light-water nuclear power reactor fueled with uranium oxide pellets within cylindrical zircaloy or ZIRLO cladding must be provided with an emergency core cooling...


for the reactor coolant system, for the reactor vessel head, and for other systems required to maintain adequate core cooling if the accumulation of noncondensible...


power reactor will be issued unless a finding is made by the NRC that there is reasonable assurance that adequate protective measures can and will be taken in the event of...


of appendix A to this part. This fire protection plan must: (i) Describe the overall fire protection program for the facility; (ii) Identify the various positions...


or an applicant for a license for a nuclear power plant, other than a nuclear power plant for which the certifications required under Sec. 50.82(a)(1) have been submitted,...


requirements of the act and regulations, and that notifications, if any, to other agencies or bodies have been duly made, the Commission will issue a license, or if appropriate...


in no case to exceed 40 years from date of issuance. Where the operation of a facility is involved, the Commission will issue the license for the term requested by the applicant...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR50.52] [Page 743] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents Sec. 50.52 Combining licenses. The Commission may combine in a single license the activities of an applicant which would otherwise be licensed severally. ...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR50.53] [Page 743] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents Sec. 50.53 Jurisdictional limitations. No license under this part shall be deemed to have been issued for activities which are not under or within the jurisdiction of the United States. [21 FR 355, Jan. 19, 1956, as amended at 43 FR 6924, Feb. 17, 1978] ...


are not under or within the jurisdiction of the United States. [21 FR 355, Jan. 19, 1956, as amended at 43 FR 6924, Feb....


(a) The permit shall state the earliest and latest dates for completion of the construction or modification. (b) If the proposed construction or modification of the...


(a) The permit shall state the earliest and latest dates for completion of the construction or modification. (b) If the proposed construction or modification of the...
...


a facility, in compliance with the terms and conditions of the construction permit and subject to any necessary testing of the facility for health or safety purposes,...


operating license for a facility which is of a type described in Sec. 50.21(b) or Sec. 50.22, or for a testing facility, shall be referred to the Advisory Committee on...


addition to, or removal from, the facility or procedures that affects a design function, method of performing or controlling the function, or an evaluation that...


as provided in paragraph (b) of this section, all light- water nuclear power reactors, other than reactor facilities for which the certifications required under Sec. 50.82(a)(1)...


of this section: (1) ASME Code means the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Section III, Division I, ``Rules for the...


plants. (a) Applicability. The requirements of this section apply to all commercial light-water-cooled nuclear power plants, other than nuclear power...


operate must be able to withstand for a specified duration and recover from a station blackout as defined in Sec. 50.2. The specified station blackout duration shall be based on...


this section apply to all non-power reactors. (b) Requirements. (1) The Commission will not issue a construction permit after March 27, 1986 for a non-power...


applicable during all conditions of plant operation, including normal shutdown operations. (a)(1) Each holder of a license to operate a nuclear power plant under...


neutron radiation has reduced the fracture toughness of the reactor vessel materials, a thermal annealing may be applied to the reactor vessel to recover the...


prior to January 10, 1997, and holders of renewed licenses under part 54 of this chapter whose initial operating license was issued prior to January 10, 1997, who seek...


issued under this part or a combined license for a nuclear power reactor issued under part 52 of this chapter, shall comply with either 10 CFR 70.24 of this chapter or...


of the Commission, of his records, premises, activities, and of licensed materials in possession or use, related to the license or construction permit as may...


records and make all reports, in connection with the activity, as may be required by the conditions of the license or permit or by the rules, regulations, and orders of...


power reactor licensee licensed under Sec. 50.21(b) or Sec. 50.22 of this part shall notify the NRC Operations Center via the Emergency Notification...


(licensee) shall submit a Licensee Event Report (LER) for any event of the type described in this paragraph within 60 days after the discovery of the event. In the case of an...


listed in appendix D to part 20 of this chapter within 30 days of the following in regard to a licensed operator or senior operator: (a) Permanent reassignment from...


listed in appendix D to part 20 of this chapter within 30 days of the following in regard to a licensed operator or senior operator: (a) Permanent reassignment from...
...


installation information on Form N-71, permit verification thereof by the International Atomic Energy Agency, and take such other action as may be necessary to implement...


or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, unless...


the creation of any mortgage, pledge, or other lien upon any production or utilization facility not owned by the United States which is the subject of a license or upon...


decommissioning plan for approval or possess an approved decommissioning plan, the plan is considered to be the PSDAR submittal required under paragraph (a)(4) of this section and...


release part of a facility or site for unrestricted use at any time before receiving approval of a license termination plan. Section 50.75 specifies recordkeeping...


amend the license (including the Technical Specifications incorporated into the license) or permit, application for an amendment must be filed with the Commission, as specified...


amendment to an operating license for a facility licensed under Sec. 50.21(b) or Sec. 50.22 or for a testing facility, except for amendments subject to hearings governed...


applicant, the Commission will be guided by the considerations which govern the issuance of initial licenses or construction permits to the extent applicable and appropriate. If...


be revoked, suspended, or modified, in whole or in part, for any material false statement in the application for license or in the supplemental or other statement of...


[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR50.101] [Page 815] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES--Table of Contents Sec. 50.101 Retaking possession of special nuclear material. Upon revocation of a license, the Commission may immediately cause the retaking of possession of all special nuclear material held by the licensee. [21 FR 355, Jan. 19, 1956, as amended at 40 FR 8790, Mar. 3, 1975] ...


the Department finds that the production program of the Department requires continued operation of a production or utilization facility, the license for which has...


the Commission, if it finds it necessary to the common defense and security, may, (1) Suspend any license it has issued. (2) Cause the recapture of...


design of a facility; or the design approval or manufacturing license for a facility; or the procedures or organization required to design, construct or operate a facility; any...


(1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order...


willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all...


willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all...
...


and related regulatory functions. These regulations do not apply to export licensing matters within the scope of part 110 of this chapter or to any environmental effects...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR51.2] [Page 7] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 51_ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS--Table of Contents Sec. 51.2 Subparts. (a) The regulations in subpart A of this part implement section 102(2) of the National Environmental Policy Act of 1969, as amended. ...


special rule in another subpart of this part or another part of this chapter applicable to a particular type of proceeding, the special...


Stat. 919) including any amendments thereto. Commission means the Nuclear Regulatory Commission or its authorized representatives. NRC means the Nuclear...


the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon...


own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and are otherwise in the...


51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality. (a) The National Environmental Policy Act of 1969,...


51.12 Application of subpart to ongoing environmental work. (a) Except as otherwise provided in this section, the regulations in this subpart shall apply to...


51.13 Emergencies. Whenever emergency circumstances make it necessary and whenever, in other situations, the health and safety of the public may be...


Sec. 51.14 Definitions. (a) As used in this subpart: Categorical Exclusion means a category of actions which do not individually or cumulatively have...


51.15 Time schedules. Consistent with the purposes of NEPA, the Administrative Procedure Act, the Commission's rules of practice in part 2 of this...


51.16 Proprietary information. (a) Proprietary information, such as trade secrets or privileged or confidential commercial or financial information, will...


Sec. 51.17 Information collection requirements; OMB approval. (a) The Nuclear Regulatory Commission has submitted the information collection...


51.20 Criteria for and identification of licensing and regulatory actions requiring environmental impact statements. (a) Licensing and regulatory...


Sec. 51.21 Criteria for and identification of licensing and regulatory actions requiring environmental assessments. All licensing and regulatory actions...


Sec. 51.22 Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not...


Sec. 51.23 Temporary storage of spent fuel after cessation of reactor operation--generic determination of no significant environmental impact. (a) The...


51.25 Determination to prepare environmental impact statement or environmental assessment; eligibility for categorical exclusion. Before taking a...


51.26 Requirement to publish notice of intent and conduct scoping process. (a) Whenever the appropriate NRC staff director determines that an...


51.27 Notice of intent. (a) The notice of intent required by Sec. 51.26 shall: (1) State that an environmental impact statement will be prepared; ...


Sec. 51.28 Scoping--participants. (a) The appropriate NRC staff director shall invite the following persons to participate in the scoping process: (1)...


51.29 Scoping--environmental impact statement. (a) The scoping process for an environmental impact statement shall begin as soon as practicable...


Sec. 51.30 Environmental assessment. (a) An environmental assessment shall identify the proposed action and include: (1) A brief discussion of: ...


51.31 Determinations based on environmental assessment. Upon completion of an environmental assessment, the appropriate NRC staff director will...


51.32 Finding of no significant impact. (a) A finding of no significant impact will: (1) Identify the proposed action; (2) State that the...


51.33 Draft finding of no significant impact; distribution. (a) As provided in paragraph (b) of this section, the appropriate NRC staff director may make...


51.34 Preparation of finding of no significant impact. (a) Except as provided in paragraph (b) of this section, the finding of no significant impact will...


51.35 Requirement to publish finding of no significant impact; limitation on Commission action. (a) Whenever the Commission makes a draft or final finding of...


51.40 Consultation with NRC staff. (a) A prospective applicant or petitioner for rulemaking is encouraged to confer with NRC staff as early as possible in...


51.41 Requirement to submit environmental information. The Commission may require an applicant for a permit, license, or other form of permission, or...


Sec. 51.45 Environmental report. (a) General. As required by Sec. 51.50, 51.53, 51.54, 51.60, 51.61, 51.62 or Sec. 51.68, as appropriate, each applicant...


51.50 Environmental report--construction permit stage. Each applicant for a permit to construct a production or utilization facility covered by Sec. 51.20...


Sec. 51.51 Uranium fuel cycle environmental data--Table S-3. (a) Every environmental report prepared for the construction permit stage of a...


Sec. 51.52 Environmental effects of transportation of fuel and waste--Table S-4. Every environmental report prepared for the construction permit stage of...


Sec. 51.53 Postconstruction environmental reports. (a) General. Any environmental report prepared under the provisions of this section may incorporate...


51.54 Environmental report--manufacturing license. Each applicant for a license to manufacture a nuclear power reactor or, for an amendment to a license...


Sec. 51.55 Environmental report--distribution. (a) Each applicant for a license to construct and operate a production or utilization facility covered...


51.60 Environmental report--materials licenses. (a) Each applicant for a license or other form of permission, or an amendment to or renewal of a license...


51.61 Environmental report--independent spent fuel storage installation (ISFSI) or monitored retrievable storage installation (MRS) license. ...


51.62 Environmental report--land disposal of radioactive waste licensed under 10 CFR part 61. (a) Each applicant for issuance of a license for land disposal...


Sec. 51.66 Environmental report--distribution. Each applicant for a license or other form of permission, or an amendment to or renewal of a license or other...


51.67 Environmental information concerning geologic repositories. (a) In lieu of an environmental report, the Department of Energy, as an applicant for...


51.68 Environmental report--rulemaking. Petitioners for rulemaking requesting amendments of parts 30, 31, 32, 33, 34, 35, 36, 39, 40 or part 70 of this...


Sec. 51.70 Draft environmental impact statement--general. (a) The NRC staff will prepare a draft environmental impact statement as soon as practicable...


Sec. 51.71 Draft environmental impact statement--contents. (a) Scope. The draft environmental impact statement will be prepared in accordance with the...


Sec. 51.72 Supplement to draft environmental impact statement. (a) The NRC staff will prepare a supplement to a draft environmental impact statement for which...


51.73 Request for comments on draft environmental impact statement. Each draft environmental impact statement and each supplement to a draft...


51.74 Distribution of draft environmental impact statement and supplement to draft environmental impact statement; news releases. (a) A copy of the...


Sec. 51.75 Draft environmental impact statement--construction permit. A draft environmental impact statement relating to issuance of a construction permit for...


51.76 Draft environmental impact statement--manufacturing license. A draft environmental impact statement relating to issuance of a license to manufacture...


51.77 Distribution of draft environmental impact statement. (a) In addition to the distribution authorized by Sec. 51.74, a copy of a draft...


51.80 Draft environmental impact statement--materials license. (a) The NRC staff will either prepare a draft environmental impact statement or as provided...


Sec. 51.81 Distribution of draft environmental impact statement. Copies of the draft environmental impact statement and any supplement to the draft...


51.85 Draft environmental impact statement--rulemaking. Except as the context may otherwise require, procedures and measures similar to those described in...


51.86 Distribution of draft environmental impact statement. Copies of the draft environmental impact statement and any supplement to the draft...


51.88 Proposals for legislation. The Commission will, as a matter of policy, follow the provisions of 40 CFR 1506.8 regarding the NEPA process for proposals...


51.90 Final environmental impact statement--general. After receipt and consideration of comments requested pursuant to Sec. Sec. 51.73 and 51.117, the NRC...


51.91 Final environmental impact statement--contents. (a)(1) The final environmental impact statement will include responses to any comments on the...


Sec. 51.92 Supplement to the final environmental impact statement. (a) If the proposed action has not been taken, the NRC staff will prepare a supplement to...


51.93 Distribution of final environmental impact statement and supplement to final environmental impact statement; news releases. (a) A copy of the...


51.94 Requirement to consider final environmental impact statement. The final environmental impact statement, together with any comments and any...


Sec. 51.95 Postconstruction environmental impact statements. (a) General. Any supplement to a final environmental impact statement or any environmental...


51.97 Final environmental impact statement--materials license. (a) Independent spent fuel storage installation (ISFSI). Unless otherwise determined by...


Sec. 51.100 Timing of Commission action. (a)(1) Except as provided in Sec. 51.13 and paragraph (b) of this section, no decision on a proposed action,...


51.101 Limitations on actions. (a) Until a record of decision is issued in connection with a proposed licensing or regulatory action for which an...


Sec. 51.102 Requirement to provide a record of decision; preparation. (a) A Commission decision on any action for which a final environmental impact...


51.103 Record of decision--general. (a) The record of decision required by Sec. 51.102 shall be clearly identified and shall: (1) State...


Sec. 51.104 NRC proceeding using public hearings; consideration of environmental impact statement. (a)(1) In any proceeding in which (i) a hearing is held on...


51.105 Public hearings in proceedings for issuance of construction permits or licenses to manufacture. (a) In addition to complying with...


51.106 Public hearings in proceedings for issuance of operating licenses. (a) Consistent with the requirements of this section and as appropriate,...


Sec. 51.109 Public hearings in proceedings for issuance of materials license with respect to a geologic repository. (a)(1) In a proceeding for the issuance of...


51.116 Notice of intent. (a) In accordance with Sec. 51.26, the appropriate NRC staff director will publish in the Federal Register a notice of intent...


51.117 Draft environmental impact statement--notice of availability. (a) Upon completion of a draft environmental impact statement or any supplement to a...


51.118 Final environmental impact statement--notice of availability. (a) Upon completion of a final environmental impact statement or any supplement to a...


Sec. 51.119 Publication of finding of no significant impact; distribution. (a) As required by Sec. 51.35, the appropriate NRC staff director will publish...


51.120 Availability of environmental documents for public inspection. Copies of environmental reports, draft and final environmental impact...


51.121 Status of NEPA actions. Individuals or organizations desiring information on the NRC's NEPA process or on the status of specific NEPA actions...


51.122 List of interested organizations and groups. The NRC Office of Information Resources Management will maintain a master list of organizations and...


Sec. 51.123 Charges for environmental documents; distribution to public; distribution to governmental agencies. (a) Distribution to public. Upon written...


51.124 Commission duty to comment. It is the policy of the Commission to comment on draft environmental impact statements prepared by other Federal...


51.124 Commission duty to comment. It is the policy of the Commission to comment on draft environmental impact statements prepared by other Federal...
...


combined licenses for nuclear power facilities licensed under Section 103 or 104b of the Atomic Energy Act of 1954, as amended (68 Stat. 919), and Title II of the...


and operating license with conditions for a nuclear power facility issued pursuant to subpart C of this part. (b) Early site permit means a Commission...


the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be...


submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction...


certification, or combined license, including its employees, contractors, subcontractors, or consultants and their employees, who knowingly provides to any holder of,...


subpart sets out the requirements and procedures applicable to Commission issuance of early site permits for approval of a site or sites for one or more nuclear power...


2 and appendix Q of this part. The procedures of this subpart do not replace those set out in subpart F of 10 CFR part 2 or appendix Q of this part. Subpart F applies...


(a) Any person who may apply for a construction permit under 10 CFR part 50, or for a combined license under 10 CFR part 52, may file with the Director of Nuclear Reactor Regulation...


(a)(1) The application must contain the information required by Sec. 50.33 (a) through (d), the information required by Sec. 50.34 (a)(12) and (b)(10), and to the extent approval...


Applications filed under this subpart will be reviewed according to the applicable standards set out in 10 CFR part 50 and its appendices and part 100 as they apply...


The fees charged for the review of an application for the initial issuance or renewal of an early site permit are set forth in 10 CFR 170.21 and shall be paid in accordance with 10...


is a partial construction permit and is therefore subject to all procedural requirements in 10 CFR part 2 which are applicable to construction permits, including the...


shall refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS). The ACRS shall report on those portions of the application which...


After conducting a hearing under Sec. 52.21 of this subpart and receiving the report to be submitted by the Advisory Committee on Reactor Safeguards under Sec. 52.23 of...


(a) If an early site permit contains a site redress plan, the holder of the permit, or the applicant for a construction permit or combined license who references the permit,...


as provided in paragraph (b) of this section, an early site permit issued under this subpart may be valid for not less than ten nor more than twenty years from the date...


(a) Not less than twelve nor more than thirty-six months prior to the end of the initial twenty-year period, or any later renewal period, the permit holder may apply for a renewal...


Commission shall grant the renewal if the Commission determines that the site complies with the Atomic Energy Act and the Commission's regulations and orders applicable and in...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR52.33] [Page 61] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 52_EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS--Table of Contents Subpart A_Early Site Permits Sec. 52.33 Duration of renewal. Each renewal of an early site permit may be for not less than ten nor more than twenty years. ...


A site for which an early site permit has been issued under this subpart may be used for purposes other than those described in the permit, including the location of other types...


suspension, modification of permits for cause. For purposes of part 21 and 10 CFR 50.100, an early site permit is a...


(a)(1) Notwithstanding any provision in 10 CFR 50.109, while an early site permit is in effect under Sec. Sec. 52.27 or 52.33 the Commission may not impose...


This subpart set out the requirements and procedures applicable to Commission issuance of rules granting standard design certification for nuclear power facilities separate from...


N, and O of this part. (a) Appendix M to this part governs the issuance of licenses to manufacture nuclear power reactors to be installed and operated at sites...


(a)(1) Any person may seek a standard design certification for an essentially complete nuclear power plant design which is an evolutionary change from light water reactor designs...


(a) The requirements of this paragraph apply to all applications for design certification. (1) An application for design certification must contain: (i) The...


Applications filed under this subpart will be reviewed for compliance with the standards set out in 10 CFR part 20, part 50 and its appendices, and parts 73 and 100...


The fee charged for the review of an application for the initial issuance or renewal of a standard design certification are set forth in 10 CFR 170.21 and shall be paid...


(a) A standard design certification is a rule that will be issued in accordance with the provisions of subpart H of 10 CFR part 2, as supplemented by the provisions...


The Commission shall refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS). The ACRS shall report on those portions of the application which...


After conducting a rulemaking proceeding under Sec. 52.51 on an application for a standard design certification and receiving the report to be submitted by...


(a) Except as provided in paragraph (b) of this section, a standard design certification issued pursuant to this subpart is valid for fifteen years from the date of...


(a) Not less than twelve nor more than thirty-six months prior to expiration of the initial fifteen-year period, or any later renewal period, any person may apply for renewal of...


(a) The Commission shall issue a rule granting the renewal if the design, either as originally certified or as modified during the rulemaking on the renewal, complies with...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR52.61] [Page 67] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 52_EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS--Table of Contents Subpart B_Standard Design Certifications Sec. 52.61 Duration of renewal. Each renewal of certification for a standard design will be for not less than ten nor more than fifteen years. ...


(a)(1) Notwithstanding any provision in 10 CFR 50.109, while a standard design certification is in effect under Sec. 52.55 or 52.61, the Commission may...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR52.71] [Page 68] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 52_EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS--Table of Contents Subpart C_Combined Licenses Sec. 52.71 Scope of subpart. This subpart sets out the requirements and procedures applicable to Commission issuance of combined licenses for nuclear power facilities. ...


An application for a combined license under this subpart may, but need not, reference a standard design certification issued under subpart B of this part or an early site...


Any person except one excluded by 10 CFR 50.38 may file an application for a combined license for a nuclear power facility with the Director of Nuclear Reactor Regulation. The...


The application must contain all of the information required by 10 CFR 50.33, as that section would apply to applicants for construction permits and...


of nuclear power plant personnel. (a) Applicability. The requirements of this section apply only to the personnel associated with the operating phase of...


(a)(1) In general, if the application references an early site permit, the application need not contain information or analyses submitted to the Commission...


Applications filed under this subpart will be reviewed according to the standards set out in 10 CFR parts 20, 50, 51, 55, 73, and 100 as they apply to applications...


Unless otherwise specifically provided for in this subpart, all provisions of 10 CFR part 50 and its appendices applicable to holders of construction permits for...


A proceeding on a combined license is subject to all applicable procedural requirements contained in 10 CFR part 2, including the requirements for docketing (Sec. 2.101)...


shall refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS). The ACRS shall report on those portions of the application which concern...


application references an early site permit or a certified standard design, the environmental review must focus on whether the design of the facility falls within the...


(a)(1) If the application references an early site permit which contains a site redress plan as described in Sec. 52.17(c) the applicant is authorized by Sec. 52.25...


(a) Applicants for a combined license under this subpart, or any amendment to a combined license, may include in the application a request, under 10 CFR 50.12, for an exemption...


(a) The Commission shall issue a combined license for a nuclear power facility upon finding that the applicable requirements of 10 CFR 50.40, 50.42, 50.43, 50.47, and 50.50...


After issuance of a combined license, the Commission shall ensure that the required inspections, tests, and analyses are performed and, prior to operation of the facility,...


(a) Not less than one hundred and eighty days before the date scheduled for initial loading of fuel into a plant by a licensee that has been issued a combined...


may obtain an injunction or other court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the...


may obtain an injunction or other court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the...
...


Sections 103 or 104b of the Atomic Energy Act of 1954, as amended (68 Stat. 919), and Title II of the Energy Reorganization Act of 1974 (88...


a specific plant and a licensee's written commitments for ensuring compliance with and operation within applicable NRC requirements and the plant-specific design...


structures, and components which are those relied upon to remain functional during and following design-basis events (as defined in 10 CFR 50.49 (b)(1)) to ensure...


the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR54.7] [Page 97] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 54_REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS--Table of Contents Sec. 54.7 Written communications. All applications, correspondence, reports, and other written communications shall be filed in accordance with applicable portions of 10 CFR 50.4. ...


requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501, et seq.)....


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR54.11] [Page 97] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 54_REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS--Table of Contents Sec. 54.11 Public inspection of applications. Applications and documents submitted to the Commission in connection with renewal applications may be made available for public inspection in accordance with the provisions of the regulations contained in 10 CFR part 2. ...


or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant must be complete and accurate in...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR54.15] [Page 98] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 54_REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS--Table of Contents Sec. 54.15 Specific exemptions. Exemptions from the requirements of this part may be granted by the Commission in accordance with 10 CFR 50.12. ...


of 10 CFR part 2 and 10 CFR 50.4 and 50.30. (b) Any person who is a citizen, national, or agent of a foreign country, or any corporation, or other entity which the...


50.33 (a) through (e), (h), and (i). Alternatively, the application may incorporate by reference other documents that provide the information required by this section. ...


(a) An integrated plant assessment (IPA). The IPA must-- (1) For those systems, structures, and components within the scope of this part, as delineated in Sec. 54.4, identify...


additions necessary to manage the effects of aging during the period of extended operation as part of the renewal application. The justification for changes or additions...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR54.23] [Page 99] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 54_REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS--Table of Contents Sec. 54.23 Contents of application--environmental information. Each application must include a supplement to the environmental report that complies with the requirements of subpart A of 10 CFR part 51. ...


on Reactor Safeguards for a review and report. Any report will be made part of the record of the application and made available to the public, except to the extent...


10 CFR 2.105. In the absence of a request for a hearing filed within 30 days by a person whose interest may be affected, the Commission may issue a renewed operating...


authorized by Sec. 54.31 if the Commission finds that: (a) Actions have been identified and have been or will be taken with respect to the matters identified in...


not reasonable assurance during the current license term that licensed activities will be conducted in accordance with the CLB, then the licensee shall take measures under...


in effect was issued. (b) A renewed license will be issued for a fixed period of time, which is the sum of the additional amount of time beyond the expiration of...


contain and otherwise be subject to the conditions set forth in 10 CFR 50.54. (b) Each renewed license will be issued in such form and contain such conditions...


and shall continue to comply with all Commission regulations contained in 10 CFR parts 2, 19, 20, 21, 26, 30, 40, 50, 51, 54, 55, 70, 72, 73, and 100, and the appendices to...


for the term of the renewed operating license all information and documentation required by, or otherwise necessary to document compliance with, the provisions of...


of the following acts-- (1) The Atomic Energy Act of 1954, as amended. (2) Title II of the Energy Reorganization Act of 1974, as amended or (3) A regulation...


willful violations of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section...


to operators and senior operators of utilization facilities licensed pursuant to the Atomic Energy Act of 1954, as amended, or section 202 of the Energy Reorganization...


facility licensed pursuant to part 50 of this chapter, and (b) Any individual designated by a facility licensee to be responsible for directing any licensed...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR55.3] [Page 102] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 55_OPERATORS' LICENSES--Table of Contents Subpart A_General Provisions Sec. 55.3 License requirements. A person must be authorized by a license issued by the Commission to perform the function of an operator or a senior operator as defined in this part. ...


the Act. Actively performing the functions of an operator or senior operator means that an individual has a position on the shift crew that requires the individual...


this section, an applicant or licensee or facility licensee shall submit any communication or report concerning the regulations in this part and shall submit any application...


of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding...


in addition to those established in the regulations in this part, as it deems appropriate or necessary to protect health and to minimize danger to life...


collection requirements contained in [[Page 105]] this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork...


by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall...


such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property and are otherwise in...


(a) Under the direction and in the presence of a licensed operator or senior operator, manipulates the controls of-- (1) A research or training reactor as part of the...


licensee shall have a medical examination by a physician every two years. The physician shall determine that the applicant or licensee meets the requirements of...


facility licensee shall complete and sign NRC Form 396, ``Certification of Medical Examination by Facility Licensee,'' which can be obtained by writing the Office of the...


permanent physical or mental condition that causes the licensee to fail to meet the requirements of Sec. 55.21 of this part, the facility licensee shall notify the...


test results, and each operator's or senior operator's medical history for the current license period and provide the documentation to the Commission upon request. The...


can be obtained by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling...


approve an initial application for a license pursuant to the regulations in this part, if it finds that-- (1) Health. The applicants medical condition and general...


the written examination or operating test, or both, may file a new application two months after the date of denial. The application must be submitted on Form NRC-398 and include...


Standards for Power Reactors,'' \1\ in effect six months [[Page 108]] before the examination date to prepare the written examinations required...


representative selection of questions on the knowledge, skills, and abilities needed to perform licensed operator duties. The knowledge, skills, and abilities will...


contain a representative selection of questions on the knowledge, skills, and abilities needed to perform licensed senior operator duties. The knowledge, skills, and...


senior operator licenses in accordance with paragraph (b)(1) of this section are generally similar in scope. The content will be identified, in part, from learning...


the administration of the operating test and plant-referenced simulators to meet experience requirements for applicants for operator and senior operator licenses. ...


of the requirements for a written examination and operating test, if it finds that the applicant-- (1) Has had extensive actual operating experience at a...


in any activity that compromises the integrity of any application, test, or examination required by this part. The integrity of a test or examination...


an operator license or a senior operator license meets the requirements of the Act and its regulations, it will issue a license in the form and containing any conditions...


the license or not: (a) Neither the license nor any right under the license may be assigned or otherwise transferred. (b) The license is limited to the facility for which...


termination of employment with the facility licensee, or upon determination by the facility licensee that the licensed individual no longer needs to maintain a license. ...


include the number of the license for which renewal is sought. (2) File an original of NRC Form 398 with the appropriate Regional Administrator specified in...


(1) Successfully complete a requalification program developed by the facility licensee that has been approved by the Commission. This program shall be conducted for a continuous period...


to amendment, revision, or modification by reason of rules, regulations, or orders issued in accordance with the Act or any amendments thereto. (b) Any license may...


the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or...


for willful violation of, attempted violation of, or conspiracy of violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section...


licensing of the U.S. Department of Energy to receive and possess source, special nuclear, and byproduct material at a geologic repository operations area sited, constructed,...


(1) The atmosphere; (2) The land surface; (3) Surface water; (4) Oceans; and (5) The portion of the lithosphere that is outside the...


nuclear, or byproduct material at a geologic repository operations area except as authorized by a license issued by the Commission pursuant to this part. (b) DOE shall...


communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk:...


writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the...


person, or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law, will not...


for a license set forth in Sec. 60.3(a) of this part is not applicable to the extent that DOE receives and possesses source, special nuclear, and byproduct material at...


Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by...


applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected...


the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to...


license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee...


(a) Prior to submittal of an application for a license to be issued under this part DOE shall conduct a program of site characterization with respect to the site to...


any area which has been approved by the President for site characterization, DOE shall submit to the Director, for review and comment, a site characterization plan for...


shall contain-- (a) A general plan for site characterization activities to be conducted at the area to be characterized, which general plan shall include: (1)...


information and a Safety Analysis Report. An environmental impact statement shall be prepared in accordance with the Nuclear Waste Policy Act of 1982, as amended, and...


license to receive and possess source, special nuclear, or byproduct material at a geologic repository operations area at a site which has been characterized, and any...


Site Characterization Report, the DOE may incorporate by reference information contained in previous applications, statements, or reports filed with the Commission:...


application shall be as complete as possible in the light of information that is reasonably available at the time of docketing. (b) The DOE shall update its application in a...


application and environmental impact statement submitted under this part, the Commission may authorize construction if it determines: (a) Safety. That there is...


include such conditions as the Commission finds to be necessary to protect the health and safety of the public, the common defense and security, or...


amendment of a construction authorization shall be filed with the Commission fully describing any changes desired and following as far as applicable the format prescribed in...


special nuclear, or byproduct material at a geologic repository operations area may be issued by the Commission upon finding that: (a) Construction of the...


include such conditions, including license specifications, as the Commission finds to be necessary to protect the health and safety of the public, the common defense...


include license conditions derived from the analyses and evaluations included in the application, including amendments made before a license is issued, together with...


receive and possess source, special nuclear, or byproduct material at a geologic repository operations area, the DOE may (i) make changes in the geologic repository operations...


be filed with the Commission fully describing the changes desired and following as far as applicable the format prescribed for license applications. (b) In...


authorized in the license, an amendment of the license shall be required with respect to any of the following activities: (1) Any action which would make...


to amend the license prior to permanent closure. The submission shall consist of an update of the license application submitted under Sec. Sec. 60.21 and...


decontamination or dismantlement of surface facilities, DOE may apply for an amendment to terminate the license. (b) Such application shall be filed, and will be reviewed,...


27164, July 30, 1986, unless otherwise noted. (a) The Director shall provide to the Governor and legislature of any State in which a geologic repository operations area...


approved by the President for site characterization, and upon request of a State or an affected Indian Tribe, the Director shall make NRC staff available to consult...


(a) State and local governments and affected Indian Tribes may participate in license reviews as provided in subpart G of part 2 of this chapter. A State in which a repository...


of a State have jointly designated on their behalf a single person or entity to receive notice and information from the Commission under this part, the Commission...


subpart as a representative for a State (or for the Governor or legislature thereof) or for an affected Indian Tribe shall include in the request or other submission, or at...


records and make such reports in connection with the licensed activity as may be required by the conditions of the license or by rules, regulations, and orders of the...


of construction of the geologic repository operations area in a manner that ensures their useability for future generations in accordance with Sec. 60.51(a)(2). (b)...


Commission of each deficiency found in the characteristics of the site, and design and construction of the geologic repository operations area which, were it to...


perform, such tests as the Commission deems appropriate or necessary for the administration of the regulations in this part. These may include tests of: ...


inspect the premises of the geologic repository operations area and adjacent areas to which DOE has rights of access. (b) DOE shall make available to the Commission...


DOE shall implement a program of material control and accounting (and accidental criticality reporting) that is [[Page 140]] the same as that specified in Sec....


1983, unless otherwise noted. (a)(1) Subpart B of this part prescribes the standards for issuance of a license to receive and possess source, special nuclear,...


subpart E. In the event of any inconsistency with definitions found in Sec. 60.2, those definitions shall prevail. (a) The HLW facility. NRC exercises licensing and...


closure. (a) Protection against radiation exposures and releases of radioactive material. The geologic repository operations area shall be designed so that...


permanent closure. The geologic setting shall be selected and the engineered barrier system and the shafts, boreholes and their seals shall be designed to assure...


(a) General provisions--(1) Engineered barrier system. (i) The engineered barrier system shall be designed so that assuming anticipated processes and events: (A) Containment of...


(a) Ownership of land. (1) Both the geologic repository operations area and the postclosure controlled area shall be located in and on lands that are either acquired lands under...


appropriate combination of the conditions specified in paragraph (b) of this section so that, together with the engineered barriers system, the favorable conditions present...


an application to receive, possess, store, and dispose of high-level radioactive waste in the geologic repository operations area must include the principal...


(a) Radiological protection. The geologic repository operations area shall be designed to maintain radiation doses, levels, and concentrations of radioactive...


operations area. (a) Facilities for receipt and retrieval of waste. Surface facilities in the geologic repository operations area shall be designed to...


(a) General criteria for the underground facility. (1) The orientation, geometry, layout, and depth of the underground facility, and the design of any engineered barriers that are...


Seals for shafts and boreholes shall be designed so that following permanent closure they do not become pathways that compromise the geologic repository's ability to meet...


package design in general. (1) Packages for HLW shall be designed so that the in situ chemical, physical, and nuclear properties of the waste package and its...


be established for the geologic repository operations area. (b) The geologic repository operations area shall be designed so that, for Category 2 design basis events,...


operations area shall be designed so as to permit implementation of a performance confirmation program that meets the requirements of subpart F of...


unless otherwise noted. (a) The performance confirmation program shall provide data which indicates, where practicable, whether: (1) Actual...


(a) During repository construction and operation, a continuing program of surveillance, measurement, testing, and geologic mapping shall be conducted to ensure that geotechnical...


of construction, a program for in situ testing of such features as borehole and shaft seals, backfill, and the thermal interaction effects of the waste packages,...


be established at the geologic repository operations area for monitoring the condition of the waste packages. Waste packages chosen for the program shall be representative of...


As used in this part, quality assurance comprises all those planned and systematic actions necessary to provide adequate confidence that the geologic...


all systems, structures and [[Page 152]] components important to safety, to design and characterization of barriers important to waste isolation and to activities...


on the criteria of appendix B of 10 CFR part 50 as applicable, and appropriately supplemented by additional criteria as required by...


1983, unless otherwise noted. Operations of systems and components that have been identified as important to safety in the Safety Analysis Report and in the...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR60.161] [Page 152] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 60_DISPOSAL OF HIGH LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES--Table of Contents Subpart H_Training and Certification of Personnel Sec. 60.161 Training and certification program. DOE shall establish a program for training, proficiency testing, certification and requalification of operating and supervisory personnel. ...


the general health of personnel certified for operations that are important to safety shall not be such as might cause operational errors that could endanger the public health...


other court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974,...


of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i,...


land disposal of radioactive waste, the procedures, criteria, and terms and conditions upon which the Commission issues licenses for the disposal of radioactive wastes...


any significant remedial activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives in Sec. Sec. 61.41 and...


radioactive waste containing source, special nuclear, or byproduct material at a land disposal facility unless authorized by a license issued by the Commission pursuant to...


reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk; Director, Office of...


writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General...


or upon its own initiative, grant any exemption from the requirements of the regulations in this part as it determines is authorized by law, will not endanger life or...


to land disposal of radioactive waste and not to other methods such as sea or extraterrestrial disposal. Part 61 contains procedural requirements and performance...


Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the...


applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities...


the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be...


of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant...


dispose of wastes containing or contaminated with source, byproduct or special nuclear material by land disposal must consist of general information, specific...


following: (a) Identity of the applicant including: (1) The full name, address, telephone number and description of the business or occupation of the applicant; ...


include the following information needed for demonstration that the performance objectives of subpart C of this part and the applicable technical requirements of subpart D...


following analyses needed to demonstrate that the performance objectives of subpart C of this part will be met: (a) Pathways analyzed in demonstrating protection of...


(a) A certification by the Federal or State government which owns the disposal site that the Federal or State government is prepared to accept transfer of the license when...


that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and meet other financial...


of, and the design and proposed operation of the land disposal facility, additional information may be requested by the Commission including the following: (a)...


this part, and any amendments thereto, must be filed with the Director, must be signed by the applicant or the applicant's authorized representative under oath...


reference information contained in previous applications, statements, or reports filed with the Commission if these references are clear and specific. [49 FR 9405,...


the light of information that is available at the time of submittal. (b) The applicant shall supplement its application in a timely manner, as necessary, to permit...


disposal of waste containing or contaminated with source, special nuclear, or byproduct material will be issued by the Commission upon finding that the issuance of...


right thereunder, may be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of...


licensee shall not make changes in the land disposal facility or procedures described in the license application. The license will include conditions restricting...


filed in accordance with Sec. 61.20 and shall fully describe the changes desired. (b) In determining whether an amendment to a license will be approved, the...


only to the above ground activities and to the authority to dispose of waste. Failure to renew the license shall not relieve the licensee of responsibility for carrying...


site, or as otherwise directed by the Commission, the applicant shall submit an application to amend the license for closure. This closure application must include a...


in Sec. 61.28, the licensee shall observe, monitor, and carry out necessary maintenance and repairs at the disposal site until the license is transferred by...


and maintenance, the licensee may apply for an amendment to transfer the license to the disposal site owner. The license shall be transferred when the...


to meet the requirements found necessary under Sec. 61.23, the licensee may apply for an amendment to terminate the license. (b) This application must be filed, and...


operated, closed, and controlled after closure so that reasonable assurance exists that exposures to humans are within the limits established in the...


Concentrations of radioactive material which may be released to the general environment in ground water, surface water, air, soil, plants, or animals must not result in...


and closure of the land disposal facility must ensure protection of any individual inadvertently intruding into the disposal site and occupying the site or contacting the...


disposal facility must be conducted in compliance with the standards for radiation protection set out in part 20 of this chapter, except for releases of radioactivity in...


be sited, designed, used, operated, and closed to achieve long-term stability of the disposal site and to eliminate to the extent practicable the need for ongoing...


(a) Disposal site suitability for near-surface disposal. (1) The purpose of this section is to specify the minimum characteristics a disposal site must have to be...


site design for near-surface disposal. (1) Site design features must be directed toward long-term isolation and avoidance of the need for [[Page...


(a) Near-surface disposal facility operation and disposal site closure. (1) Wastes designated as Class A pursuant to Sec. 61.55, must be segregated from other wastes...


is submitted, the applicant shall have conducted a preoperational monitoring program to provide basic environmental data on the disposal site characteristics....


The Commission may, upon request or on its own initiative, authorize provisions other than those set forth in Sec. Sec. 61.51 through 61.53 for the segregation and disposal of...


for near surface disposal. (1) Considerations. Determination of the classification of radioactive waste involves two considerations. First, consideration must be given to...


minimum requirements for all classes of waste and are intended to facilitate handling at the disposal site and provide protection of health and safety of personnel at...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR61.57] [Page 174] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 61_LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE--Table of Contents Subpart D_Technical Requirements for Land Disposal Facilities Sec. 61.57 Labeling. Each package of waste must be clearly labeled to identify whether it is Class A waste, Class B waste, or Class C waste, in accordance with Sec. 61.55. ...


The Commission may, upon request or on its own initiative, authorize other provisions for the classification and characteristics of waste on a specific...


of radioactive waste received from other persons may be permitted only on land owned in fee by the Federal or a State government. (b) Institutional control. The land...


that it either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds, or by a combination of the two, to cover the estimated costs...


shall provide assurance that sufficient funds will be available to carry out disposal site closure and stabilization, including: (1) Decontamination or dismantlement of...


of the license, the applicant shall provide for Commission review and approval a copy of a binding arrangement, such as a lease, between the applicant and the disposal...


the Commission will implement a formal request from a State or tribal government to participate in the review of a license application for a land disposal...


of a State or tribal governing body, the Director shall make available Commission staff to discuss with representatives of the State or tribal governing body information...


(a) A State or tribal governing body whose interest is affected by a near-surface disposal facility at the proposed site may submit to the Director a proposal for participation...


of a proposal submitted in accordance with Sec. 61.72, the Director shall arrange for a meeting between the representatives of the State or tribal governing body and the...


(a) Each licensee shall maintain any records and make any reports in connection with the licensed activities as may be required by the conditions of the license or by the...


perform, or permit the Commission to perform, any tests as the Commission deems appropriate or necessary for the administration of the regulations in this part, including...


(a) Each licensee shall afford to the Commission at all reasonable times opportunity to inspect radioactive waste not yet disposed of, and the premises, equipment, operations,...


other court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974,...


of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections...


(a) The regulations in this part establish for specific low-level radioactive waste: (1) Criteria and procedures for granting emergency access under section 6 of...


As used in this part: Act means the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Pub. L. 99-240). Agreement State means a State that-- (1) Has...


Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN:...


Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than...


The Commission may, upon application of any interested person or upon its own initiative, grant an exemption from the requirements of the regulations in this part that it...


approval. (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management...


of a determination request. (a) The person submitting a request for a Commission determination shall file a signed original of the request with the Commission...


request for emergency access: General information. A request for a Commission determination under this part must include the following information for each generator to which...


request for emergency access: Alternatives. (a) A request for emergency access under this part must include information on alternatives to emergency access. The request...


an extension of emergency access. A request for an extension of emergency access must include: (a) Updates of the information required in Sec. Sec. 62.12...


(a) The Commission may require additional information from a person making a request for a Commission determination under this part concerning any portion of...


request. (a) A person may withdraw a request for a Commission determination under this part without prejudice at any time prior to the issuance of an...


In any request under this part, the person making the request may incorporate by reference information contained in a previous application, Statement, or...


If a request for a determination is based on circumstances that are too remote and speculative to allow an informed determination, the Commission may deny...


granting emergency access. (a) Not later than (45) days after the receipt of a request for a Commission determination under this part from any generator of...


a determination. (a) Upon the issuance of a Commission determination the Secretary of the Commission will notify in writing the following persons of the...


temporary emergency access. (a) The Commission may grant temporary emergency access to an appropriate non-Federal or regional disposal facility or...


access. (a) After the receipt of a request from any generator of low-level waste, or any Governor on behalf of any generator or generators in his or her State,...


Commission determination. (a) In making the determination required by Sec. 62.21(a) of this part, the Commission will determine whether the circumstances described in...


disposal facility. (a) The Commission shall designate an appropriate non-Federal or regional disposal facility if an affirmative determination is made pursuant...


(a) The Commission may terminate a grant of emergency access when emergency access is no longer necessary to eliminate an immediate threat to public...


rules governing the licensing of the U.S. Department of Energy to receive and possess source, special nuclear, and byproduct material at a geologic repository operations...


Affected Indian Tribe means any Indian Tribe within whose reservation boundaries a repository for high-level radioactive waste or spent fuel is proposed to be located;...


receive nor possess source, special nuclear, or byproduct material at a geologic repository operations area at the Yucca Mountain site except as authorized by a license issued by...


as otherwise specified, in this part or in subpart J of part 2 of this chapter, all communications and reports concerning the regulations in this part and applications filed...


by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a...


application by DOE, any interested person, or upon its own initiative, grant an exemption from the requirements of this part if it determines that the exemption is authorized by...


The requirement for a license set forth in Sec. 63.3(a) is not applicable to the extent that DOE receives and possesses source, special nuclear, and...


(a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB)...


a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant, against an employee, for engaging...


(a) Information provided to the Commission by an applicant for a license or by a licensee, or information required by statute, or required by the Commission's...


licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor...


Preapplication Review (a) DOE shall conduct a program of site characterization with respect to the Yucca Mountain site before it submits an application for...


(a) If DOE's planned site characterization activities include onsite testing with radioactive material, including radioactive tracers, the Commission shall determine...


consists of general information and a Safety Analysis Report. An environmental impact statement must be prepared in accordance with the Nuclear Waste Policy Act of 1982,...


(a) An application for a license to receive and possess source, special nuclear, or byproduct material at a geologic repository operations area at the Yucca Mountain site...


or environmental impact statement, DOE may incorporate, by reference, information contained in previous applications, statements, or reports filed with the Commission, if...


(a) The application must be as complete as possible in light of the information that is reasonably available at the time of docketing. (b) DOE shall update...


and consideration of an application and environmental impact statement submitted under this part, the Commission may authorize construction of a geologic repository operations...


(a) In a construction authorization for a geologic repository operations area at the Yucca Mountain site, the Commission shall include any conditions it considers necessary...


(a) An application for amendment of a construction authorization must be filed with the Commission that fully describes any desired changes and follows, as far as applicable,...


A license to receive and possess source, special nuclear, or byproduct material at a geologic repository operations area at the Yucca Mountain site may be issued by the Commission...


include any conditions, including license specifications, it considers necessary to protect the health and safety of the public, the common defense and security,...


issued under this part includes license conditions derived [[Page 203]] from the analyses and evaluations included in the application, including amendments...


(a) Definitions for the purposes of this section: (1) Change means a modification or addition to, or removal from, the geologic repository operations area design or procedures...


amendment of a license may be filed with the Commission fully describing the changes desired and following as far as applicable the format prescribed for...


(a) Unless expressly authorized in the license, a license amendment is required for any of the following activities: (1) Any action that would make emplaced...


(a) DOE shall submit an application to amend the license before permanent closure of a geologic repository at the Yucca Mountain site. The submission must consist of an update...


closure and the decontamination or decontamination and dismantlement of surface facilities at the Yucca Mountain site, DOE may apply for an amendment to terminate...


Tribes Sec. 63.61 Provision of information. (a) The Director shall provide the Governor and the Nevada State legislature, affected units of...


Tribes Sec. 63.62 Site review. (a) The Director shall make the NRC staff available to consult with representatives of the State of Nevada, affected units...


Tribes Sec. 63.63 Participation in license reviews. (a) The State, affected units of local government, and affected Indian Tribes may participate...


Tribes Sec. 63.64 Notice to State. If the Governor and legislature of the State of Nevada have jointly designated, on their behalf, a single person or...


Tribes Sec. 63.65 Representation. Any person who acts under this subpart as a representative for the State of Nevada (or for the Governor or legislature...


(a) DOE shall maintain records and make reports in connection with the licensed activity that are required by the conditions of the license or by rules, regulations, and orders...


(a) DOE shall maintain records of construction of the geologic repository operations area at the Yucca Mountain site in a manner that ensures their usability for future...


(a) DOE shall promptly notify the Commission of each deficiency found in the characteristics of the Yucca Mountain site, and design, and construction of the geologic...


or permit the Commission to perform, those tests the Commission considers appropriate or necessary for the administration of the regulations in this part. This may...


DOE shall allow the Commission to inspect the premises of the geologic repository operations area at the Yucca Mountain site and adjacent areas to which DOE has rights of access. ...


and reports. DOE shall implement a program of material control and accounting (and accidental criticality reporting) that is the same as that specified in Sec....


(a)(1) Subpart B prescribes the standards for issuance of a license to receive and possess source, special nuclear, or byproduct material at a geologic repository...


a functional overview of this Subpart E. In the event of any inconsistency, the definitions in Sec. 63.2 prevail. (a) The HLW facility at the Yucca Mountain site. NRC...


operations area through permanent closure. (a) Protection against radiation exposures and releases of radioactive material. (1) The geologic...


of the geologic repository operations area. The preclosure safety analysis of the geologic repository operations area must include: (a) A general...


after permanent closure. (a) The geologic repository must include multiple barriers, consisting of both natural barriers and an engineered barrier system. ...


Any performance assessment used to demonstrate compliance with Sec. 63.113 must: (a) Include data related to the geology, hydrology, and geochemistry...


Demonstration of compliance with Sec. 63.113(a) must: (a) Identify those design features of the engineered barrier system, and natural features of the geologic setting,...


interests in land. (a) Ownership of land.(1) The geologic repository operations area must be located in and on lands that are either acquired lands under the...


(a) The performance confirmation program must provide data that indicate, where practicable, whether: (1) Actual subsurface conditions encountered and changes in...


parameters. (a) During repository construction and operation, a continuing program of surveillance, measurement, testing, and geologic mapping must be conducted...


the early or developmental stages of construction, a program for testing of engineered systems and components used in the design, such as, for example, borehole and shaft...


(a) A program must be established at the geologic repository operations area for monitoring the condition of the waste packages. Waste packages chosen for...


quality assurance comprises all those planned and systematic actions necessary to provide adequate confidence that the geologic repository and its structures, systems, or...


(a) Introduction and Applicability. DOE is required by Sec. 63.21(c)(20) to include in its safety analysis report a description of the quality assurance program to be applied to...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR63.143] [Page 222] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 63_DISPOSAL OF HIGH LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA--Table of Contents Subpart G_Quality Assurance Sec. 63.143 Implementation. DOE shall implement a quality assurance program based on the criteria required by Sec. 63.142. ...


Changes to DOE's NRC-approved Safety Analysis Report quality assurance program description are processed as follows: (a) DOE may change a previously accepted...


Operations of systems and components that have been identified as important to safety in the Safety Analysis Report and in the license must be performed only by trained...


DOE shall establish a program for training, proficiency testing, certification, and requalification of operating and...


The physical condition and the general health of personnel certified for operations that are important to safety may not be such as might cause operational errors that...


operations area through permanent closure. DOE shall develop and be prepared to implement a plan to cope with radiological accidents that may occur at...


obtain an injunction or other court order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the...


of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued...


This subpart covers the storage of radioactive material by DOE in the Yucca Mountain repository and on the Yucca Mountain site. For the purposes of demonstrating...


General environment means everywhere outside the Yucca Mountain site, the Nellis Air Force Range, and the Nevada Test Site. Member of the public means anyone who...


DOE must demonstrate that normal operations at the Yucca Mountain site will and do occur in compliance with this subpart before the Commission grants or continues...


DOE must ensure that no member of the public in the general environment receives more than an annual dose of 0.15 mSv (15 mrem) from the combination of: (a)...


This subpart covers the disposal of radioactive material in the Yucca Mountain repository by DOE. For the purposes of demonstrating compliance with this subpart, to...


All definitions in subpart K of this part, and the following: Accessible environment means any point outside of the controlled area, including: (1)...


DOE must demonstrate that there is a reasonable expectation of compliance with this subpart before a license may be issued. In the case of the specific...


Reasonable expectation means that the Commission is satisfied that compliance will be achieved based upon the full record before it. Characteristics of...


the reference biosphere. (a) Features, events, and processes that describe the reference biosphere must be consistent with present knowledge of the conditions in...


after permanent closure. DOE must demonstrate, using performance assessment, that there is a reasonable expectation that, for 10,000 years following disposal,...


the reasonably maximally exposed individual. The reasonably maximally exposed individual is a hypothetical person who meets the following criteria: (a) Lives...


for human intrusion. DOE must determine the earliest time after disposal that the waste package would degrade sufficiently that a human intrusion could occur...


For the purposes of the analysis of human intrusion, DOE must make the following assumptions: (a) There is a single human intrusion as a result of...


of ground water. DOE must demonstrate that there is a reasonable expectation that, for 10,000 years of undisturbed performance after disposal, releases...


(a) The representative volume is the volume of ground water that would be withdrawn annually from an aquifer containing less than 10,000 milligrams of total...


To complement the results of Sec. 63.311, DOE must calculate the peak dose of the reasonably maximally exposed individual that would occur after 10,000 years...


DOE's performance assessments shall not include consideration of very unlikely features, events, or processes, i.e., those that are estimated to have less...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR63.343] [Page 229] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 63_DISPOSAL OF HIGH LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA--Table of Contents Subpart L_Postclosure Public Health and Environmental Standards Sec. 63.343 Severability of individual protection and ground-water protection standards. The individual protection and ground-water protection standards are severable. ...


regulations of this part establish procedures and criteria for the issuance of licenses to receive title to, own, acquire, deliver, receive, possess, use, and transfer...


this part apply to all persons in the United States. This part also gives notice to all persons who knowingly provide to any licensee, applicant, contractor, or...


to, own, acquire, deliver, receive, possess, use, or transfer special nuclear material except as authorized in a license issued by the Commission pursuant to...


amendments thereto; Acute, as used in this part, means a single radiation dose or chemical exposure event or multiple radiation dose or chemical exposure events...


program as provided in paragraph (b) of this section, any communication or report concerning the regulations in this part and any application filed under these...


interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will...


a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is...


submitted the information collection requirements contained in this part to the office of Management and Budget (OMB) for approval as required by the Paperwork...


an applicant for a license or by a licensee or information required [[Page 239]] by statute or by the Commission's regulations, orders, or license conditions...


or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license,...


contracts. Except to the extent that Department facilities or activities of the types subject to licensing pursuant to section 202 of the...


Postal Service are exempt from the regulations in this part to the extent that they transport special nuclear material in the regular course of carriage for another or...


Defense to the extent that the Department receives, possesses and uses special nuclear material in accordance with the direction of the President pursuant to section 91 of...


special nuclear material (other than plutonium) in aircraft of the armed forces of foreign nations subject to 49 U.S.C. 1508(a). [46 FR 12194, Feb. 13, 1981. Redesignated...


upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life...


and specific. Any general license provided in this part is effective without the filing of applications with the Commission or the issuance of licensing documents to...


hereby issued to those persons listed below to receive title to, own, acquire, deliver, receive, possess, use and transfer in accordance with the provisions of paragraphs (b) and (c)...


receive title to and own special nuclear material without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this section is...


general license is hereby issued to any person to possess formula quantities of strategic special nuclear material of the types and quantities subject to the requirements of Sec....


special nuclear material, special nuclear material of moderate strategic significance, special nuclear material of low strategic significance, and irradiated...


material in a plutonium processing or fuel fabrication plant, or for a uranium enrichment facility license, by filing the application with the Director of the...


following information: (1) The full name, address, age (if an individual), and citizenship of the applicant and the names and addresses of three personal references....


be approved if the Commission determines that: (1) The special nuclear material is to be used for the conduct of research or development activities of a type specified...


under 10 CFR part 2, subparts A, G, and I, on each application for issuance of a license for construction and operation of a uranium enrichment facility. The Commission...


nuclear material in a quantity exceeding 700 grams of contained uranium-235, 520 grams of uranium-233, 450 grams of plutonium, 1,500 grams...


a specific license of the types described in paragraphs (a) (1) and (2) of this section shall submit a decommissioning funding plan as described in paragraph (e) of...


the act and of the regulations of the Commission, the Commission will issue a license in such form and containing such conditions and limitations as it deems...


(1) [Reserved] (2) No right to the special nuclear material shall be conferred by the license except as defined by the license; (3) Neither...


Sec. Sec. 70.21 and 70.22. Information contained in previous applications, statements or reports filed with the Commission under the license may be incorporated...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR70.34] [Page 258] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 70_DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL--Table of Contents Subpart E_Licenses Sec. 70.34 Amendment of licenses. Applications for amendment of a license shall be filed in accordance with Sec. 70.21(a) and shall specify the respects in which the licensee desires his license to be amended and the grounds for such amendment. ...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR70.35] [Page 258] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 70_DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL--Table of Contents Subpart E_Licenses Sec. 70.35 Commission action on applications to renew or amend. In considering an application by a licensee to renew or amend his license, the Commission will apply the criteria set forth in Sec. 70.23. ...


right to possess or utilize special nuclear material granted by any license issued pursuant to the regulations in this part shall be transferred, assigned or in any...


other representation that special nuclear material (a) will not result in injury or damage when used for purposes approved by the Commission, (b) will accomplish the results...


outdoor areas. (a)(1) Except as provided in paragraph (a)(2) of this section, each specific license expires at the end of the day on the expiration date stated in...


(a) An application for a specific license to manufacture or initially transfer calibration or reference sources containing plutonium, for distribution to...


the Commission determines that: (a) The Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or (b) The issuance...


material. (a) Each licensee shall confine his possession and use of special nuclear material to the locations and purposes authorized in his license....


material. (a) No licensee shall transfer special nuclear material except as authorized pursuant to this section. (b) Except as otherwise provided in his...


(a) Pursuant to section 184 of the Act, the Commission consents, without individual application, to the creation of any mortgage, pledge, or other lien upon any...


(a) Immediate report. Each licensee shall notify the NRC as soon as possible but not later than 4 hours after the discovery of an event that prevents...


(a) Before license termination, licensees shall forward the following records to the appropriate NRC Regional Office: [[Page 267]] (1) Records of disposal...


(a) Each licensee shall notify the NRC Operations Center \1\ within one hour after discovery of any case of...


(a) Each licensee shall afford to the Commission at all reasonable times opportunity to inspect special nuclear material and the premises and facilities wherein special nuclear...


perform, or permit the Commission to perform, such tests as the Commission deems appropriate or necessary for the administration of the regulations in this part,...


Within 60 days after January 1 and July 1 of each year, and using an appropriate method listed in Sec. 70.5(a), each licensee authorized to possess and...


Source: 65 FR 56226, Sept. 18, 2000, unless otherwise noted. The regulations in Sec. 70.61 through Sec. 70.76 apply, in addition to other...


requirements. (a) Each applicant or licensee shall evaluate, in the integrated safety analysis performed in accordance with Sec. 70.62, its compliance with...


program and integrated safety analysis. (a) Safety program. (1) Each licensee or applicant shall establish and maintain a safety program that demonstrates compliance with...


for new facilities or new processes at existing facilities. (a) Baseline design criteria. Each prospective applicant or licensee shall address the...


of applications. (a) In addition to the contents required by Sec. 70.22, each application must include a description of the applicant's safety...


for approval of license application. (a) An application for a license from an applicant subject to subpart H will be approved if the Commission determines...


and change process. (a) The licensee shall establish a configuration management system to evaluate, implement, and track each change to the site,...


licenses. Applications for renewal of a license must be filed in accordance with Sec. Sec. 2.109, 70.21, 70.22, 70.33, 70.38, and 70.65 of this chapter....


requirements. (a) Reports to NRC Operations Center. (1) Each licensee shall report to the NRC Operations Center the events described in Appendix A to...


(a) For each licensee, this provision shall apply to Subpart H requirements as soon as the NRC approves that licensee's ISA Summary pursuant to Sec. 70.66....


of all licenses shall be subject to amendment, revision, or modification by reason of amendments to the Atomic Energy Act of 1954, or by reason of rules, regulations or...


that a state of war or national emergency exists, the Commission, if it finds it necessary to the common defense and security may, (a) Suspend any license it...


prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or ...


for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act....


packaging, preparation for shipment, and transportation of licensed material; and (2) Procedures and standards for NRC approval of packaging and shipping procedures...


reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk, Director, Spent...


interpretation of the meaning of the regulations in this part by any officer or employee of the Commission, other than a written interpretation by the General Counsel, will...


issued by the Commission, or as exempted in this part, no licensee may-- (a) Deliver licensed material to a carrier for transport; or (b) Transport...


part. To ensure compatibility with international transportation standards, all limits in this part are given in terms of dual units: The International System of Units...


outside the site of usage, as specified in the NRC license, or where transport is on public highways, or who delivers licensed material to a carrier for transport,...


has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval, as required by the...


an applicant for a license, or by a licensee, or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by...


Commission may grant any exemption from the requirements of the regulations in this part that it determines is authorized by law and will not endanger life or property...


practice of medicine is exempt from Sec. 71.5 with respect to transport by the physician of licensed material for use in the practice of medicine. However, any physician...


this part with respect to shipment or carriage of a package containing radioactive material having a specific activity not greater than 70 Bq/g (0.002 [mu]Ci/g). ...


(2) Certificate holder; (3) Quality assurance program approval holder; (4) Applicant for a license, certificate, or quality assurance program approval; ...


to any licensee of the Commission to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance,...


not designated as B(U) or B(M) in the identification number of the NRC Certificate of Compliance, may be used under the general license of Sec. 71.12 with the...


to any licensee of the Commission to transport, or to deliver to a carrier for transport, licensed material in a specification container for fissile material or for a Type...


to any licensee of the Commission to transport, or to deliver to a carrier for transport, licensed material in a package the design of which has been approved in a foreign...


license is issued to any licensee of the Commission to transport fissile material, or to deliver fissile material to a carrier for transport, without complying with the...


general license is issued to any licensee of the Commission to transport fissile material, or to deliver fissile material to a carrier for transport, without complying with the...


(a) A general license is issued to any licensee of the Commission to transport fissile material, or to deliver fissile material to a carrier for transport, without complying with...


(a) A general license is issued to any licensee of the Commission to transport fissile material, or to deliver fissile material to a carrier for transport, without complying with...


part must include, for each proposed packaging design, the following information: (1) A package description as required by Sec. 71.33; (2) A package evaluation...


the proposed package in sufficient detail to identify the package accurately and provide a sufficient basis for evaluation of the package. The description must include-- ...


(a) A demonstration that the package satisfies the standards specified in subparts E and F of this part; (b) For a fissile material package, the allowable number of...


(see Subpart H of this part) for the design, fabrication, assembly, testing, maintenance, repair, modification, and use of the proposed package. (b) The...


(a) Except as provided in paragraph (b) of this section, each Certificate of Compliance or Quality Assurance Program Approval expires at the end of the day, in the...


require additional information in order to enable it to determine whether a license, certificate of compliance, or other approval should be granted, renewed, denied,...


specified in Sec. 71.71 (``Normal conditions of transport''), and the tests specified in Sec. 71.73 (``Hypothetical accident conditions''), and Sec. 71.61 (Special...


a package may not be less than 10 cm (4 in). (b) The outside of a package must incorporate a feature, such as a seal, that is not readily breakable and that, while...


is a structural part of a package must be designed with a minimum safety factor of three against yielding when used to lift the package in the intended manner, and it must...


paragraph (b) of this section, each package of radioactive materials offered for transportation must be designed and prepared for shipment so that under conditions...


71.52, a Type B package, in addition to satisfying the requirements of Sec. Sec. 71.41 through 71.47, must be designed, constructed, and prepared for shipment so that under...


one of the paragraphs in (a) through (d) of this section are exempt from fissile material classification and from the fissile material package standards of Sec. Sec....


for the shipment of fissile material must be designed and constructed in accordance with Sec. Sec. 71.41 through 71.47. When required by the total amount of radioactive material,...


package must be controlled by either the shipper or the carrier during transport to assure that an array of such packages remains subcritical. To enable this control, the...


irradiated nuclear fuel with activity greater than 37 PBq (106 Ci) must be so designed that its undamaged containment system can withstand an external water pressure of 2...


0.74 TBq (20 Ci) per package must be shipped as a solid. (b) Plutonium in excess of 0.74 TBq (20 Ci) per package must be packaged in a separate inner container placed...


shipment of plutonium by air subject to Sec. 71.88(a)(4), in addition to satisfying the requirements of Sec. Sec. 71.41 through 71.63, as applicable, must be designed,...


impose requirements on any licensee, in addition to those established in this part, as it deems necessary or appropriate to protect public health or to minimize danger to...


Normal conditions of transport. \2\ The package standards related to the tests in this subpart are contained in subpart E of...


Hypothetical accident conditions. (a) Test procedures. Evaluation for hypothetical accident conditions is to be based on sequential application of the tests specified in...


Accident conditions for air transport of plutonium. (a) Test conditions--Sequence of tests. A package must be physically tested to the following conditions in the...


Qualification of special form radioactive material. (a) Special form radioactive materials must meet the test requirements of paragraph (b) of this section. Each...


Qualification of LSA-III Material. (a) LSA-III material must meet the test requirements of paragraph (b) of this section. Any differences between the specimen to be...


to this part, who, under a general or specific license, transports licensed material or delivers licensed material to a carrier for transport, shall comply with the...


concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the licensee shall package the...


the shipment of licensed material-- (a) The licensee shall ascertain that there are no cracks, pinholes, uncontrolled voids, or other defects that could significantly...


licensee shall ensure that the package with its contents satisfies the applicable requirements of this part and of the license. The licensee shall determine that-- (a)...


general licenses and notwithstanding any exemptions stated directly in this part or included indirectly by citation of 49 CFR chapter I, as may be applicable, the licensee...


the licensee shall ensure that any special instructions needed to safely open the package have been sent to, or otherwise made available to, the consignee for...


after shipment, a record of each shipment of licensed material not exempt under Sec. 71.10, showing where applicable-- (1) Identification of the packaging by model number...


the Commission, at all reasonable times, to inspect the licensed material, packaging, premises, and facilities in which the licensed material or packaging is used,...


shall report to: ATTN: Document Control Desk, Director, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards within 30 days-- (a) Any...


(a) As specified in paragraphs (b), (c) and (d) of this section, each licensee shall provide advance notification to the governor of a State, or the...


order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as...


as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or...


assurance requirements applying to design, purchase, fabrication, handling, shipping, storing, cleaning, assembly, inspection, testing, operation, maintenance,...


for the establishment and execution of the quality assurance program. The licensee may delegate to others, such as contractors, agents, or consultants, the work...


time consistent with the schedule for accomplishing the activities, a quality assurance program that complies with the requirements of Sec. Sec. 71.101...


that applicable regulatory requirements and the package design, as specified in the license for those materials and components to which this section applies, are...


that adequate quality is required in the documents for procurement of material, equipment, and services, whether purchased by the licensee or by its contractors...


quality by documented instructions, procedures, or drawings of a type appropriate to the circumstances and shall require that these instructions, procedures,...


of documents such as instructions, procedures, and drawings, including changes, which prescribe all activities affecting quality. These measures must assure that...


establish measures to assure that purchased material, equipment, and services, whether purchased directly or through contractors and subcontractors, conform to the...


shall establish measures for the identification and control of materials, parts, and components. These measures must assure that identification of the item is maintained by...


that special processes, including welding, heat treating, and nondestructive testing, are controlled and accomplished by qualified personnel using qualified procedures...


inspection of activities affecting quality by or for the organization performing the activity, to verify conformance with the documented instructions, procedures, and drawings...


testing required to demonstrate that the packaging components will perform satisfactorily in service is identified and performed in accordance with written test procedures...


assure that tools, gauges, instruments, and other measuring and testing devices used in activities affecting quality are properly controlled, calibrated, and adjusted...


control, in accordance with instructions, the handling, storage, shipping, cleaning, and preservation of materials and equipment to be used in packaging to prevent damage...


to indicate, by the use of markings such as stamps, tags, labels, routing cards, or other suitable means, the status of inspections and tests performed upon individual...


to control materials, parts, or components that do not conform to the licensee's requirements to prevent their inadvertent use or installation. These measures...


adverse to quality, such as deficiencies, deviations, defective material and equipment, and nonconformances, are promptly identified and corrected. In the case of...


to describe the activities affecting quality. The records must include the instructions, procedures, and drawings required by Sec. 71.111 to prescribe quality...


to describe the activities affecting quality. The records must include the instructions, procedures, and drawings required by Sec. 71.111 to prescribe quality...
...


criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel, power reactor-related Greater than Class C (GTCC) waste, and other...


are limited to the receipt, transfer, packaging, and possession of: (1) Power reactor spent fuel to be stored in a complex that is designed and constructed specifically...


1954 (68 Stat. 919) including any amendments thereto. Affected Indian tribe means any Indian tribe-- (1) Within whose reservation boundaries a monitored...


the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk, Director, Spent Fuel Project...


interpretation of the meaning of the regulations in this part by an officer or employee of the Commission, other than a written interpretation by the General Counsel, will...


transfer of spent fuel or high-level radioactive waste are of two types: general and specific. Licenses for the receipt, handling, storage, and transfer of...


upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life...


the storage of spent fuel and reactor-related GTCC waste in an ISFSI or the storage of spent fuel, high-level radioactive waste, and reactor-related GTCC waste in...


has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the...


an applicant for a Commission license or a CoC, or a contractor or subcontractor of any of these, against an employee for engaging in certain protected activities,...


a licensee, certificate holder, or an applicant for a license or CoC; or information required by statute or by the Commission's regulations, orders, license or...


license or certificate, employee of a licensee, certificate holder, or applicant for a license or certificate; or any contractor (including a supplier or consultant)...


apply to the activities associated with a specific license, a general license, or a certificate of compliance. (b) The following sections apply to activities associated with...


Each application for a license, or amendment thereof, under this part should be filed with the Director of the NRC's Spent Fuel Project Office, Office of Nuclear Material...


may incorporate by reference information contained in previous applications, statements, or reports filed with the Commission: Provided, That such references are clear...


the Commission in connection with applications may be made available for public inspection in accordance with provisions of the regulations contained in parts 2 and 9 of...


must state: (a) Full name of applicant; (b) Address of applicant; (c) Description of business or occupation of applicant; (d) If applicant is: ...


a license under this part must include a Safety Analysis Report describing the proposed ISFSI or MRS for the receipt, handling, packaging, and storage of spent fuel,...


this part shall include proposed technical specifications in accordance with the requirements of Sec. 72.44 and a summary statement of the bases and justifications for...


under this part must include: (a) The technical qualifications, including training and experience, of the applicant to engage in the proposed activities; (b)...


application under this part must include a proposed decommissioning plan that contains sufficient information on proposed practices and procedures for the decontamination of the...


this part which is: Not located on the site of a nuclear power reactor, or not located within the exclusion area as defined in 10 CFR part 100 of a nuclear power...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR72.34] [Page 341] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 72_LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR Subpart B_License Application, Form, and Contents Sec. 72.34 Environmental report. Each application for an ISFSI or MRS license under this part must be accompanied by an Environmental Report which meets the requirements of subpart A of part 51 of this chapter. ...


this section, the Commission will issue a license under this part upon a determination that the application for a license meets the standards and requirements of the Act and...


must be for a fixed period of time to be specified in the license. The license term for an ISFSI must not exceed 20 years from the date of issuance. The license term for an...


license conditions. The license conditions may be derived from the analyses and evaluations included in the Safety Analysis Report and amendments thereto submitted...


this part, the Commission shall issue or cause to be issued a notice of proposed action and opportunity for hearing in accordance with Sec. 2.105 or Sec. 2.1107 of...


this section: (1) Change means a modification or addition to, or removal from, the facility or spent fuel storage cask design or procedures that affects a design...


under this part for an ISFSI or MRS shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through...


constructed and operated by DOE. (b) Pursuant to section 184 of the Act, the Commission consents, without individual application, to the creation of any mortgage,...


buildings or outdoor areas. (a) Each specific license expires at the end of the day on the expiration date stated in the license except when a licensee has filed...


desires to amend the license (including a change to the license conditions), an application for an amendment shall be filed with the Commission fully describing the...


[Code of Federal Regulations] [Title 10, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR72.58] [Page 351] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 72_LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR Subpart C_Issuance and Conditions of License Sec. 72.58 Issuance of amendment. In determining whether an amendment to a license will be issued to the applicant, the Commission will be guided by the considerations that govern the issuance of initial licenses. ...


conditions of all licenses are subject to amendment, revision, or modification by reason of amendments to the Atomic Energy Act of 1954, as amended, or by reason or...


or modification, after the license has been issued, of: (1) Structures, systems, or components of an ISFSI or MRS, or (2) Procedures or organization...


an ISFSI or MRS shall update periodically, as provided in paragraphs (b) and (c) of this section, the final safety analysis report (FSAR) to assure that the...


(a) Each licensee shall keep records showing the receipt, inventory (including location), disposal, acquisition, and transfer of all special nuclear material...


(a) Each licensee shall notify the NRC Operations Center \1\ within one hour of discovery of accidental criticality or any loss of special...


(a) Emergency notifications: Each licensee shall notify the NRC Headquarters Operations Center upon the declaration of an emergency as specified in the licensee's approved emergency...


of this section, each licensee shall complete in computer-readable format and submit to the Commission a Material Balance Report and a Physical Inventory Listing Report...


of this section, whenever the licensee transfers or receives special nuclear material, the licensee shall complete in computer-readable format a Nuclear...


and make any reports that may be required by the conditions of the license or by the rules, regulations, and orders of the Commission in effectuating the purposes of...


duly authorized representatives of the Commission to inspect its records, premises, and activities and of spent fuel, high-level radioactive waste, or reactor- related...


order to prevent a violation of the provisions of-- (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as...


1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i,...


the safety or environmental impact of the ISFSI or MRS must be investigated and assessed. (b) Proposed sites for the ISFSI or MRS must be examined with respect to...


that can occur in the region of a proposed site must be identified and assessed according to their potential effects on the safe operation of the ISFSI or MRS. The...


both past and present man-made facilities and activities that might endanger the proposed ISFSI or MRS. The important potential man-induced events that affect the ISFSI or...


not be located at any site within which there is a candidate site for a HLW repository. This limitation shall apply until such time as DOE decides that such candidate site is...


external phenomena, man-made or natural, that are used as a basis for the design of the ISFSI or MRS must be identified. (b) The potential regional impact due to...


site must be evaluated with respect to the effects on populations in the region resulting from the release of radioactive materials under normal and accident conditions...


2003 and applications for other than dry cask modes of storage. (a)(1) East of the Rocky Mountain Front (east of approximately 104[deg] west longitude), except in areas...


of storage on or after October 16, 2003. (a)(1) East of the Rocky Mountain Front (east of approximately 104[deg] west longitude), except in areas of known seismic...


MRS. (a) During normal operations and anticipated occurrences, the annual dose equivalent to any real individual who is located beyond the controlled area must...