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Uranium Enrichment Decontamination and Decommissioning Fund; Procedures for Special Assessment of Domestic Utilities
This regulation establishes procedures for assessing domestic utilities that purchased uranium enrichment separative work units (SWUs) from the Department of Energy between 1945 and October 23, 1992. Utilities are assessed annually based on their proportional share of DOE-produced SWUs, with assessments funding the Uranium Enrichment Decontamination and Decommissioning Fund under the Atomic Energy Act.
Standby Support for Certain Nuclear Plant Delays
10 CFR Part 950 establishes a standby support program providing risk insurance contracts to sponsors of new advanced nuclear facilities approved after 1993. The program covers costs from delays caused by NRC regulatory review failures, pre-operational hearings, or litigation, with indemnification up to $500 million for the first two reactors and $250 million for subsequent reactors.
Byproduct Material
10 CFR Part 962 defines 'byproduct material' under the Atomic Energy Act for DOE facilities as any radioactive material (except special nuclear material) produced or made radioactive by exposure to radiation during special nuclear material production or use. For RCRA compliance, only actual radionuclides in DOE-owned radioactive waste are covered; nonradioactive hazardous components remain subject to separate RCRA regulation.
Restrictions on Aircraft Landing and Air Delivery at Department of Energy Nuclear Sites
10 CFR Part 862 prohibits aircraft landing, air delivery, and aircraft operations at DOE nuclear sites, with limited exceptions for federal government, state/local law enforcement, and emergency landings. The rule defines applicable aircraft types, designated sites, and procedures for removal of downed aircraft. Violations may result in criminal penalties under the Atomic Energy Act.
Nuclear Safety Management
10 CFR Part 830 establishes nuclear safety management requirements for DOE contractors, personnel, and other parties conducting activities affecting DOE nuclear facility safety. It excludes NRC-licensed activities, Naval Nuclear Propulsion operations, DOT-regulated transportation, nuclear waste activities, and space-based nuclear systems. The regulation defines key safety concepts including documented safety analyses, hazard categories, criticality, technical safety requirements, and administrative controls, applying a graded approach to compliance proportional to facility hazards and mission.
Transfer of Real Property at Defense Nuclear Facilities for Economic Development
10 CFR Part 770 establishes procedures for the Department of Energy to transfer real property at closed or downsized defense nuclear facilities through sale or lease to support economic development. The rule includes indemnification procedures for claims arising from releases of hazardous substances or contaminants resulting from DOE activities, subject to NEPA review and fund availability.
Procedures for Determining Eligibility for Access to Classified Matter and Special Nuclear Material or Eligibility to Hold a Sensitive Position
This Department of Energy regulation establishes procedures for determining eligibility of DOE employees, contractors, and other designated persons for access to classified information, special nuclear material, and sensitive positions. It implements multiple executive orders and the National Security Adjudicative Guidelines, outlining administrative review and appeals processes while ensuring fairness and preventing retaliation.
Standard Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste
10 CFR Part 961 establishes standard contract terms for the Department of Energy to accept title to, transport, and dispose of spent nuclear fuel and high-level radioactive waste from civilian nuclear power reactor owners and generators. Owners and generators pay fees to recover DOE's full disposal costs, with receipts deposited in the Nuclear Waste Fund. Contracts must be executed by June 30, 1983, or by the date the owner/generator commences generation or takes title to such waste, whichever is later.
General Guidelines for the Preliminary Screening of Potential Sites for a Nuclear Waste Repository
10 CFR Part 960 establishes general guidelines for the preliminary screening and evaluation of potential sites for nuclear waste repositories under the Nuclear Waste Policy Act of 1982. The regulations define key terms such as accessible environment, candidate sites, containment, and controlled areas, and establish the framework by which the Department of Energy evaluates site suitability in coordination with the NRC and affected states and Indian tribes.
Extraordinary Nuclear Occurrences
10 CFR Part 840 establishes administrative criteria for determining "extraordinary nuclear occurrences" under DOE contractor indemnity agreements. It sets thresholds for substantial discharge or dispersal of source, special nuclear, or byproduct material and offsite radiation levels, then requires evaluation of whether substantial damages to persons or property offsite have occurred or are probable. The criteria are distinct from health and safety regulatory limits and apply to DOE contractor activities covered by nuclear hazards indemnity provisions.
Procedural Rules for DOE Nuclear Activities
10 CFR Part 820 establishes procedural rules governing conduct of persons involved in DOE nuclear activities to ensure compliance with DOE Nuclear Safety Requirements. The regulation defines key terms, enforcement processes, and administrative procedures, with Naval nuclear propulsion activities excluded from certain interpretations and exemptions provisions under the Deputy Administrator for Naval Reactors.
Reporting of Defects and Noncompliance
10 CFR Part 21 mandates that directors and responsible officers of nuclear licensees and vendors immediately report to the NRC any information indicating that licensed facilities, activities, or basic components fail to comply with applicable regulations or contain defects that could create substantial safety hazards, unless the Commission has already been adequately informed.
Reactor Site Criteria
10 CFR Part 100 establishes site approval criteria for stationary power and testing reactors to ensure public health and safety through defense-in-depth siting principles. The regulation defines exclusion areas where the licensee controls all activities, low population zones where protective measures are feasible, and population center distance requirements, ensuring radiological doses from normal operation and postulated accidents remain acceptably low while accounting for natural hazards and enabling effective emergency planning and security.
Declaration of Party State Eligibility for Northeast Interstate Low-Level Radioactive Waste Compact
This regulation establishes procedural requirements and eligibility conditions for states seeking to become party states to the Northeast Interstate Low-Level Radioactive Waste Compact. States must submit petitions addressing specified conditions, which are evaluated through an adjudicatory proceeding with public comment opportunity. The Commission may accept, reject, or conditionally accept petitions, with approved states becoming party states upon legislative enactment, removal of statutory impediments, and payment of required fees.
Privacy Act
This regulation implements the Privacy Act of 1974 for the Defense Nuclear Facilities Safety Board, establishing procedures for individuals to request and access their own records. It specifies written and in-person request methods with identification requirements, sets response timelines of 5 working days for acknowledgment and 15 for information provision, and exempts litigation-related materials from disclosure.
Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions
10 CFR Part 51 establishes environmental protection regulations for the Nuclear Regulatory Commission's domestic licensing and regulatory functions. The regulations implement Section 102(2) of the National Environmental Policy Act of 1969 and apply to NRC licensing proceedings for production, utilization, and materials facilities, excluding export licensing and foreign environmental effects. Key definitions include construction activities, previously disturbed areas, and NRC organizational roles.
Operators' Licenses
10 CFR Part 55 establishes NRC procedures and criteria for issuing, maintaining, and renewing operator and senior operator licenses for nuclear utilization facilities. It defines license requirements, scope of applicability to individuals manipulating reactor controls or directing licensed activities, and sets forth key definitions including operators, senior operators, simulation facilities, and performance testing standards.
Public Information and Requests
10 CFR Part 1703 implements the Freedom of Information Act for the Defense Nuclear Facilities Safety Board (DNFSB). It defines agency records, establishes FOIA request procedures, requires maintenance of an electronic reading room with regulations, policies, recommendations, hearing transcripts, Board orders and correspondence, and designates a FOIA Officer to administer record access and disclosure.
Domestic Licensing of Special Nuclear Material
10 CFR Part 70 establishes NRC procedures and criteria for issuing domestic licenses to receive, own, possess, use, and transfer special nuclear material. The regulation applies to all US persons and defines key licensing requirements, relevant definitions (acute exposure, alert conditions, atomic weapons), and references related rules for spent fuel storage, uranium enrichment facilities, and physical security.
Administrative Remedies for False Claims and Statements
10 CFR Part 13 establishes administrative procedures for the Nuclear Regulatory Commission to impose civil penalties and assessments against persons who submit false, fictitious, or fraudulent claims or statements. The regulation implements the Administrative False Claims Act of 2023, defines key terms including claims, defendants, and procedural concepts, and specifies hearing and appeal rights for defendants.
Organizational and Consultant Conflicts of Interests
10 CFR Part 1706 establishes the Defense Nuclear Facilities Safety Board's procedures for identifying, avoiding, and mitigating organizational and consultant conflicts of interest (OCI) in contractor and offeror relationships. The Board will generally not award contracts to parties with OCIs and may terminate existing contracts if conflicts are discovered, though waivers are possible in exceptional circumstances with appropriate mitigation measures.
Rules Implementing the Government in the Sunshine Act
This regulation implements the Government in the Sunshine Act for the Defense Nuclear Facilities Safety Board, requiring meetings of three or more members to be open to public observation unless closed under specific statutory exemptions. It defines what constitutes a meeting, establishes procedures for open and closed sessions, and assigns the General Counsel responsibility to monitor briefings and discussions to ensure compliance with transparency requirements.
Criteria and Procedures for Determining Eligibility for Access to or Control over Special Nuclear Material
10 CFR Part 11 establishes criteria and procedures for determining eligibility of individuals to receive special nuclear material access authorization. It applies to NRC licensees' employees, contractors, and consultants requiring access to or control over formula quantities of special nuclear material. The regulation defines two authorization levels (NRC-R and NRC-U) based on background investigation tiers and implements a personnel security program to safeguard special nuclear material and prevent sabotage.
Agency Rules of Practice and Procedure
10 CFR Part 2 establishes procedural rules for all Nuclear Regulatory Commission proceedings under the Atomic Energy Act and Energy Reorganization Act, covering licensing actions, permit issuance, civil penalties, rulemaking, and standard design approvals. The rules define roles of adjudicatory employees, distinguish between general and special procedural rules for different proceeding types, and set administrative requirements for contested and non-contested matters.
Testimony by DNFSB Employees and Production of Official Records in Legal Proceedings
10 CFR Part 1707 establishes procedures governing testimony by Defense Nuclear Facilities Safety Board (DNFSB) employees and production of official records in legal proceedings where the US or DNFSB is not a named party. The regulation aims to promote operational efficiency, maintain DNFSB impartiality, protect sensitive information and deliberative processes, and preserve sovereign immunity. It excludes testimony on matters unrelated to official duties, former employee testimony on non-involved matters, FOIA/Privacy Act requests, and Congressional demands.
Procedures for Safety Investigations
10 CFR Part 1708 establishes procedures for the Defense Nuclear Facilities Safety Board to conduct safety investigations at Department of Energy defense nuclear facilities. The Board may initiate preliminary inquiries or formal investigations into events or practices affecting public health and safety, determine compliance with safety standards, and recommend changes to standards and implementation requirements.
Disposal of High-Level Radioactive Wastes in Geologic Repositories
10 CFR Part 60 establishes NRC licensing requirements for the U.S. Department of Energy to construct and operate geologic repositories for high-level radioactive waste disposal under the Nuclear Waste Policy Act of 1982. The regulation defines key terms such as accessible environment, barriers, containment, and controlled areas, and prescribes rules governing licensing and construction authorization for repository operations areas, excluding Yucca Mountain facilities.
Implementation of the Equal Access to Justice Act in Agency Proceedings
10 CFR Part 12 implements the Equal Access to Justice Act (EAJA) for Nuclear Regulatory Commission proceedings, establishing procedures for awarding attorney fees and expenses to prevailing parties in covered adversary adjudications. Eligible applicants include individuals (net worth ≤$2M), small business owners (≤$7M net worth, ≤500 employees), tax-exempt organizations, and cooperative associations. Awards are available unless the Commission's position was substantially justified or special circumstances apply.
Debt Collection Procedures
The Defense Nuclear Facilities Safety Board adopts federal debt collection procedures from 31 CFR parts 900-904 to govern administrative collection, offset, compromise, and suspension or termination of collection activities for debts or civil claims owed to the U.S. government.
Notices, Instructions and Reports to Workers: Inspection and Investigations
10 CFR Part 19 establishes requirements for NRC licensees and regulated entities to provide notices, instructions, and reports to workers in nuclear-licensed activities. It defines worker rights and responsibilities during NRC inspections and investigations, including rules for compelled interviews under subpoena, and applies to all persons involved in NRC-licensed nuclear material, production/utilization facilities, and spent fuel storage installations.
Standards for Protection Against Radiation
10 CFR Part 20 establishes federal standards for protection against ionizing radiation from NRC-licensed activities. It sets dose limits for individuals exposed to byproduct, source, and special nuclear materials, defines key radiation protection terms (absorbed dose, airborne radioactivity, ALARA), and applies to licensees under parts 30–72 of the CFR. Medical exposures and background radiation are excluded.
Debt Collection Procedures
10 CFR Part 15 establishes NRC procedures for collecting debts owed to the US Government, including methods for interest assessment, claim compromise, administrative offset, wage garnishment, and referral of delinquent accounts to Treasury and DOJ. The regulation defines key debt collection terms and specifies procedures for civil penalties, employee erroneous payments, and other special debt categories.
Licenses and Radiation Safety Requirements for Irradiators
10 CFR Part 36 establishes licensing and radiation safety requirements for panoramic and underwater irradiators using sealed radioactive sources for gamma irradiation, with dose rates exceeding 5 grays per hour at 1 meter. The regulations exempt self-contained dry-source-storage irradiators, medical, radiography, gauging, and agricultural applications. Licensees must comply with additional federal, state, and local regulations on facility siting, zoning, and building codes.
Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material
10 CFR Part 37 mandates physical protection programs for licensees possessing Category 1 or Category 2 quantities of radioactive material. Requirements include access controls to prevent theft or diversion, trustworthiness determinations for individual access, security zones, material transfer procedures, and transport safeguards. Rules apply to possession, use, transfer, and domestic transport of regulated radioactive materials.
Certification of Gaseous Diffusion Plants
10 CFR Part 76 establishes operational and certification requirements for uranium enrichment gaseous diffusion plants at Portsmouth (Ohio) and Paducah (Kentucky) operated by USEC. The regulations protect public health and safety from radiological hazards and ensure common defense security through administrative controls, compliance plans, and NRC certification processes. The regulations expire January 8, 2027, unless extended by up to five years.
Facility Security Clearance and Safeguarding of National Security Information and Restricted Data
10 CFR Part 95 establishes procedures for facility security clearance and safeguarding of classified National Security Information and Restricted Data in NRC-licensed activities. It defines requirements for access authorization, facility eligibility, classified material handling, storage, transmission protocols, and security procedures for NRC licensees, certificate holders, contractors, and designated parties requiring access to Secret or Confidential information.
Financial Protection Requirements and Indemnity Agreements
10 CFR Part 140 establishes financial protection requirements and indemnity agreements for nuclear licensees under the Atomic Energy Act. It applies to operators of nuclear reactors, uranium enrichment facilities, plutonium processing plants, and other nuclear production and utilization facilities. The regulations define procedures for determining required financial protection, liability insurance, and indemnification limits, with special provisions for Federal agencies and nonprofit educational institutions.
Nuclear Classification and Declassification
10 CFR Part 1045 establishes procedures for classification and declassification of nuclear security information under the Atomic Energy Act, including Restricted Data, Formerly Restricted Data, and Transclassified Foreign Nuclear Information. It defines DOE and agency responsibilities for identifying and classifying nuclear information, outlines criteria for declassification, and describes government-wide procedures for handling FOIA and mandatory declassification review requests involving nuclear security materials.
Packaging and Transportation of Radioactive Material
10 CFR Part 71 establishes NRC requirements for packaging, preparation, and transportation of radioactive licensed material. It applies to licensees who deliver radioactive material to carriers, transport it outside authorized sites, or use public highways. The regulation mandates NRC approval of packaging designs and shipping procedures for fissile material and licensed material exceeding Type A quantities, and requires compliance with operating controls, quality assurance standards, and DOT regulations.
Identification and Protection of Unclassified Controlled Nuclear Information
10 CFR Part 1017 implements the Atomic Energy Act's section 148 to identify and protect Unclassified Controlled Nuclear Information (UCNI)—unclassified information concerning nuclear facilities, materials, and weapons. It establishes minimum physical protection standards for UCNI documents, defines who may access such information, specifies review procedures for designation, and creates enforcement mechanisms for unauthorized dissemination penalties. The regulation applies to all persons authorized or seeking access to UCNI.
Nondiscrimination in Federally Assisted Programs or Activities Receiving Federal Financial Assistance from the Commission
10 CFR Part 4 establishes nondiscrimination requirements for programs and activities receiving federal financial assistance from the Nuclear Regulatory Commission. The regulation implements Title VI of the Civil Rights Act of 1964 (protecting against discrimination based on race, color, national origin, and sex), Section 504 of the Rehabilitation Act of 1973 (protecting individuals with disabilities), and the Age Discrimination Act of 1975 (protecting against age-based discrimination) across all NRC-funded programs, with specific exemptions for insurance contracts, procurement contracts, and general employment practices.
Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste
10 CFR Part 72 establishes licensing requirements and procedures for independent spent fuel storage installations (ISFSI) and monitored retrievable storage installations (MRS) to receive, transfer, package, and possess spent nuclear fuel, high-level radioactive waste, and reactor-related greater-than-class-C waste. The regulation applies to both wet and dry storage modes, governs Certificates of Compliance for spent fuel storage cask designs, and applies to all US persons including Agreement States.
Public Information and Requests
10 CFR Part 1303 establishes Freedom of Information Act (FOIA) procedures for the U.S. Nuclear Waste Technical Review Board, including policies for public access to Board records, document inspection and copying procedures, designation of a FOIA Officer, and a public reading area in Arlington, Virginia. Records available for disclosure include Board rules, reports, meeting transcripts, and correspondence with Congress and DOE.
Administrative Claims Under Federal Tort Claims Act
10 CFR Part 14 establishes procedural regulations for filing administrative claims under the Federal Tort Claims Act against the United States for property damage, personal injury, or death caused by negligent or wrongful acts of NRC employees. Claims must be filed with the relevant NRC office or the Office of the General Counsel, and the NRC General Counsel is authorized to adjust, determine, compromise, and settle such claims.
Access Authorization
10 CFR Part 25 establishes procedures for granting, reinstating, extending, transferring, and terminating access authorizations for NRC licensees, certificate holders, contractors, and other personnel requiring access to classified information related to nuclear licenses, certificates, or NRC-regulated activities. Access authorization is an administrative determination of security clearance eligibility based on investigations conducted by designated security agencies.
General Domestic Licenses for Byproduct Material
10 CFR Part 31 establishes general licenses for commercial, industrial, research, educational, medical, and government entities to possess and use radioactive byproduct material in detection, measurement, gauging, and control devices, as well as light and ionized atmosphere-producing devices. General licensees must maintain manufacturer labeling, conduct leakage testing at six-month intervals, comply with 10 CFR Part 30 and related provisions, and follow all safety precautions.
Fitness for Duty Programs
10 CFR Part 26 establishes fitness-for-duty program requirements for nuclear power reactor licensees, special nuclear material handlers, construction permit holders, and contractors. FFD programs must ensure personnel reliability through implementation before receipt of fuel assemblies or start of construction, with scope varying by licensee category and authorization type.
Rules of General Applicability to Domestic Licensing of Byproduct Material
10 CFR Part 30 establishes NRC licensing requirements for domestic possession, production, transfer, and use of byproduct material, including accelerator-produced radioactive material and radium-226 sources. The regulation prescribes general applicability rules, defines licensed activities, and sets compliance deadlines for government agencies and Indian Tribes (2007–2009). It also subjects suppliers of components and services to enforcement action for violations.
Specific Domestic Licenses to Manufacture or Transfer Certain Items Containing Byproduct Material
10 CFR Part 32 establishes NRC licensing requirements for manufacturers and distributors of items containing byproduct material, including accelerator-produced radioactive material and radium-226 sources. It prescribes procedures for issuing specific domestic licenses, registration certificates for sealed sources and devices, and radiation safety information requirements for products distributed to exempt persons, general licensees, and medical-use licensees.
Public Records
10 CFR Part 9 establishes the Nuclear Regulatory Commission's procedures for public records access and disclosure under the Freedom of Information Act, Privacy Act, Government in the Sunshine Act, and Social Security Number Fraud Prevention Act. It defines key terms, specifies communication procedures for FOIA and Privacy Act requests, confirms OMB approval of information collection requirements, and addresses record production in response to judicial subpoenas.