Code of Federal Regulations — Title 10 (Energy)
Short name: 10 CFR
Title 10 of the U.S. Code of Federal Regulations — Energy. Covers the Nuclear Regulatory Commission and the Department of Energy (and smaller boards), sourced from eCFR.
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Open in Browser →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.
Consent for Access to Information on Department of Energy Computers
This regulation establishes minimum requirements for individuals accessing Department of Energy computers, mandating written consent acknowledging no expectation of privacy and permitting authorized investigative agency access during employment and for three years thereafter. DOE contractors must obtain and maintain written acknowledgments from employees and subcontractor employees before granting computer access.
Loans for Bid or Proposal Preparation by Minority Business Enterprises Seeking DOE Contracts and Assistance
This regulation establishes DOE policies and procedures for awarding loans to minority business enterprises to help defray costs of preparing bids and proposals for DOE contracts, subcontracts, and related research and development activities. The Office of Minority Economic Impact administers the program under authority of the DOE Organization Act, with funding subject to congressional appropriations.
Protection of Human Subjects
10 CFR Part 745 establishes the Federal Policy for the Protection of Human Subjects, applying to all federally-conducted, supported, or regulated research involving human subjects. Department heads determine coverage and may grant waivers consistent with Belmont Report principles. The policy permits equivalent foreign procedures and does not supersede state, local, tribal, or foreign laws providing additional protections.
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.
Worker Safety and Health Program
10 CFR Part 851 establishes mandatory worker safety and health program requirements for contractors at Department of Energy sites. The rule requires safe and healthful workplaces, procedures for investigating violations, and appropriate remedies. It excludes work regulated by OSHA, naval nuclear propulsion operations, radiological hazards covered by other CFR parts, and transportation to/from DOE sites.
Official Seal and Distinguishing Flag
This regulation prescribes the official seal and distinguishing flag of the Department of Energy, detailing their design, custody, and authorized uses. The seal features a green shield with a gold lightning bolt and symbolic energy technology representations (sun, atom, oil derrick, windmill, dynamo) beneath an eagle crest on a blue field. The Secretary or designees may affix replicas, reproductions, and embossing seals to documents, certifications, and materials for authorized purposes including display in DOE facilities, official awards, and audiovisual media.
DOE Contractor Employee Protection Program
10 CFR Part 708 establishes procedures for DOE contractor employees to file complaints alleging retaliation for disclosing information about dangers to public or worker health and safety, substantial law violations, or gross mismanagement; for participating in Congressional proceedings; or for refusing dangerous activities. The rule defines key terms, establishes complaint processing mechanisms, and outlines dispute resolution procedures administered by DOE's Office of Employee Concerns and Office of Hearings and Appeals.
Domestic Uranium Program
10 CFR Part 760 establishes regulations for leasing DOE-controlled public lands to qualified US citizens, associations, and domestic corporations for uranium exploration and mining. Leases are awarded through competitive bidding to the highest acceptable bidder, with public announcements, specified bid requirements including deposits, eligibility criteria, and detailed lease terms governing mineral extraction activities.
Definition of Nonrecourse Project-Financed
This regulation defines 'nonrecourse project-financed' under the Clean Air Act Amendments of 1990 for identifying new independent power production facilities. Nonrecourse project-financed means debt is secured by facility assets and revenues (including electric output sales), with electric utilities having no repayment obligation. Limited guarantees and cost overrun commitments do not disqualify a facility provided the borrower's primary repayment obligation derives from facility revenues. Fully equity-financed projects also qualify.
Reimbursement for Costs of Remedial Action at Active Uranium and Thorium Processing Sites
10 CFR Part 765 establishes federal reimbursement procedures for remedial action costs at active uranium and thorium processing sites licensed under the NRC or Agreement States. Licensees may claim reimbursement for decontamination, decommissioning, reclamation, and other remedial costs attributable to byproduct material from US sales, subject to individual site caps of $6.25 per ton and aggregate caps of $350 million for uranium and $365 million for thorium sites, both adjusted for inflation.
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.
Office of Hearings and Appeals Procedural Regulations
10 CFR Part 1003 establishes procedural regulations for the Department of Energy's Office of Hearings and Appeals, defining processes for informal adjudications and relief requests regarding DOE actions. The regulation provides standard rules of practice for proceedings under the Office's jurisdiction, including adjustment requests, alternative dispute resolution mechanisms, and definitions of key procedural terms.
Energy Planning and Management Program
The Energy Planning and Management Program (EPAMP) under 10 CFR Part 905 establishes requirements for Western Area Power Administration customers to support energy policy objectives through integrated resource planning, demand-side management, energy efficiency investments, renewable energy development, and mandatory reporting on energy efficiency and renewable energy activities.
Yucca Mountain Site Suitability Guidelines
10 CFR Part 963 establishes DOE methods and criteria for determining whether the Yucca Mountain site is suitable as a geologic repository for nuclear waste. The regulation defines key terms including applicable radiation protection standards for preclosure and postclosure periods, barriers to prevent radionuclide movement, engineered barrier systems, and design requirements for isolating waste from the accessible environment.
General Policy for Pricing and Charging for Materials and Services Sold by DOE
10 CFR Part 1009 establishes DOE's pricing policy for materials and services sold to non-federal entities. Prices are generally set at full cost (direct plus allocable costs), with exceptions allowing commercial rates or lower prices for byproduct materials. The regulation defines cost accounting terms and applies to all DOE elements except FERC.
Assistance to Foreign Atomic Energy Activities
10 CFR Part 810 regulates U.S. persons' participation in foreign atomic energy activities involving special nuclear material. It identifies generally authorized activities, those requiring Secretary authorization (including uranium/thorium conversion, plutonium processing, fuel fabrication, isotope separation, reactor development, and reprocessing), and establishes reporting requirements and civil penalties for violations. Excludes exports already authorized by other agencies and publicly available information.
Human Reliability Program
10 CFR Part 712 establishes the Human Reliability Program for DOE and NNSA to ensure individuals with access to nuclear materials, explosives, and facilities meet high standards of reliability and suitability. The program applies continuous evaluation to DOE/NNSA employees and contractors in designated positions, assessing conditions affecting judgment including substance abuse, mental/physical disorders, and security concerns.
Intergovernmental Review of Department of Energy Programs and Activities
This regulation implements Executive Order 12372 to establish an intergovernmental review process for Department of Energy federal financial assistance and direct federal development programs. It requires DOE to consult with state and local governments, accommodate their concerns, and coordinate reviews across jurisdictions, while fostering federalism through reliance on state review processes.
DOE Patent Licensing Regulations
DOE patent licensing regulations establish procedures for granting nonexclusive, exclusive, or partially exclusive licenses to inventions from DOE-supported research and development. The Secretary of Energy determines license grants based on U.S. national interests. The regulations define appeal rights for denied applicants, terminated licensees, and third-party objectors, with appeals filed to the Deputy General Counsel within 30 days of agency action.
General Regulations for the Charges for the Sale of Power from the Boulder Canyon Project
The Western Area Power Administration establishes general regulations for computing charges for electricity sales from the Boulder Canyon Project (Hoover Dam), effective June 1, 1987. The regulations define methodology for pricing capacity and energy sales under authority of the Boulder Canyon Project Act of 1928, the Adjustment Act of 1940, and the Hoover Power Plant Act of 1984, superseding prior regulations and defining key billing and contractual terms.
Counterintelligence Evaluation Program
10 CFR Part 709 establishes the Department of Energy's Counterintelligence Evaluation Program, defining procedures for counterintelligence evaluations of DOE employees and contractor employees. The rule sets guidelines for polygraph examinations to assess eligibility for access to classified information and special nuclear material, while protecting individual rights through defined adverse personnel action standards and counterintelligence evaluation processes.
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.
Contractor Legal Management Requirements
10 CFR Part 719 establishes legal management requirements for Department of Energy contractors. Contractors must develop a Legal Management Plan documenting their use of outside counsel, selection criteria for law firms, and engagement terms. The regulation governs payment and reimbursement of legal costs, including litigation, alternative dispute resolution, and related professional services for covered DOE contracts.
Permits for Access to Restricted Data
10 CFR Part 725 establishes procedures for issuing Access Permits that authorize qualified persons to access Restricted Data related to civil uses of atomic energy, including data on atomic weapons design, special nuclear material production, and nuclear energy applications. The regulation defines permit terms, conditions, available information categories, and DOE's Office of Environment, Health, Safety and Security authority to issue, amend, renew, suspend, or revoke permits.
Allegations of Research Misconduct
10 CFR Part 733 establishes Department of Energy policy for handling allegations of research misconduct in federally funded research. Research misconduct is defined as fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, excluding honest error. DOE Elements must consult with the Office of the Inspector General upon receiving allegations and implement misconduct requirements in contracts and financial assistance agreements.
Patent Compensation Board Regulations
10 CFR Part 780 establishes procedures for the Patent Compensation Board under the Department of Energy to handle atomic energy patent proceedings. The Board determines reasonable royalty fees, grants awards, declares patents affected with public interest, issues patent licenses, and awards compensation under the Atomic Energy Act of 1954 and Invention Secrecy Act. The regulations define the Board's jurisdiction, filing procedures, document service requirements, and application processes.
Claims for Patent and Copyright Infringement
10 CFR Part 782 establishes procedures for the Department of Energy to investigate, settle, and dispose of patent and copyright infringement claims. Claimants must submit written claims with allegations of infringement, compensation requests, patent/copyright citations, identification of allegedly infringing items or processes, and supporting documentation. The General Counsel is authorized to investigate and administratively resolve claims before litigation.
Waiver of Patent Rights
The Department of Energy waives its patent rights under the Atomic Energy Act for inventions and discoveries resulting from DOE-supplied source materials, special nuclear materials, heavy water, radioactive and stable isotopes, and irradiation services provided by national laboratories (Oak Ridge, Idaho National Engineering Laboratory, Argonne, and Brookhaven), except where DOE or contractor personnel perform the irradiation work or specific written agreements apply.
Patent Waiver Regulation
10 CFR Part 784 establishes the Department of Energy's procedures for waiving U.S. government patent rights in inventions developed under DOE contracts, grants, and agreements. The Secretary may waive rights when determined to serve the public interest, with objectives including rapid dissemination of energy R&D benefits, commercial utilization of inventions, private sector participation in DOE programs, and promotion of competition to prevent market concentration.
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.
Implementing Voluntary Agreements Under the Defense Production Act
This regulation implements section 708 of the Defense Production Act, allowing the Secretary of Energy to approve voluntary agreements with domestic nuclear energy companies to develop preparedness programs and expand productive capacity for national defense. Agreements require written Secretary approval and Attorney General clearance, expire after 5 years unless renewed, and void any conflicting provisions.
Procedural Rules for the Assessment of Civil Penalties for Classified Information Security Violations
This regulation establishes procedural rules for assessing civil penalties against DOE contractors and subcontractors who violate classified information security requirements, including safeguarding of Restricted Data and national security information. Civil penalties may reach $187,668 per violation. The rules apply to entities with DOE contracts entered after October 5, 1999, but exclude individual employees and cap total penalties to annual DOE fees for certain entities.
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.
Occupational Radiation Protection
10 CFR Part 835 establishes occupational radiation protection standards and limits for DOE activities to protect workers from ionizing radiation. The regulation defines scope, exclusions (NRC-licensed activities, naval reactors, medical uses, foreign territory operations), and requires compliance with occupational dose limits. Key concepts include accountable sealed sources, airborne radioactivity, and ALARA principles for minimizing radiation exposure.
Chronic Beryllium Disease Prevention Program
10 CFR Part 850 establishes a Chronic Beryllium Disease Prevention Program for DOE offices, contractors, and workers at DOE facilities with beryllium exposure. The rule defines key terms including action levels, authorized persons, beryllium workers, and emergency conditions, and specifies worker protection provisions for airborne beryllium concentrations. It supplements the worker safety program under 10 CFR Part 851 and applies to all DOE activities involving beryllium exposure, except articles and certain laboratory operations.
Trespassing on Department of Energy Property
This regulation prohibits unauthorized entry onto Department of Energy facilities and properties, and bars the carrying or introduction of weapons, explosives, or dangerous materials onto such premises. Violations of trespass or unauthorized introduction of dangerous items are punishable by fines up to $5,000 for basic infractions, or up to $100,000 and one year imprisonment for violations involving enclosed structures. DOE must post notices at facility entrances and perimeters.
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.
Air Transportation of Plutonium
10 CFR Part 871 authorizes the DOE Deputy Administrator for Defense Programs to permit air transportation of plutonium under national security and public health exemptions. Air shipments are allowed for atomic weapons development, international defense cooperation, and emergency response when air transport is necessary due to security concerns, safety considerations, item preservation, or to prevent harm to national security. All authorizations must be recorded and reported to NNSA within 24 hours.
Coordination of Federal Authorizations for Electric Transmission Facilities
The Coordinated Interagency Transmission Authorizations and Permits Program (CITAP) streamlines federal permitting for electric transmission facilities by coordinating multi-agency authorizations and establishing binding deadlines. The rule creates an Integrated Interagency Pre-Application Process enabling DOE to prepare a unified environmental review document under NEPA and coordinate compliance with endangered species protections and historic preservation requirements while promoting early stakeholder engagement.
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.
Power and Transmission Rates
10 CFR Part 903 establishes procedures for public participation in power and transmission rate adjustments by four federal Power Marketing Administrations (Alaska, Southeastern, Southwestern, and Western Area). The regulations define rate development processes, public consultation requirements, Secretary interim approval, and FERC submission, distinguishing minor adjustments (under 1% revenue change or systems with low capacity/sales) from major adjustments requiring full public participation.
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.
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.
Freedom of Information Act (FOIA)
10 CFR Part 1004 establishes Department of Energy procedures for implementing the Freedom of Information Act (FOIA), defining how DOE offices process public records requests, categorize requesters, calculate direct costs for copying and searching, and handle appeals. FERC is excluded from these regulations.
Records Maintained on Individuals (Privacy Act)
10 CFR Part 1008 implements the Privacy Act of 1974 for the Department of Energy, establishing procedures for maintaining and handling records about individuals across all DOE divisions, FERC personnel records maintained by DOE, and DOE contractors. The regulation defines key terms and lists DOE locations subject to these privacy requirements.
Conduct of Employees and Former Employees
10 CFR Part 1010 establishes ethical conduct standards for Department of Energy employees and former employees. It requires DOE employees to comply with executive branch ethical conduct, financial disclosure, and employee responsibility regulations; mandates reporting of fraud, waste, abuse, and corruption to the Inspector General; and sets procedures for former executive branch employees to communicate scientific or technological information to DOE under post-employment conflict-of-interest exemptions.
Administrative False Claims and Procedures
This regulation implements the Program Fraud Civil Remedies Act of 1986, establishing administrative procedures for the Department of Energy to impose civil penalties and assessments against persons who submit false, fictitious, or fraudulent claims or statements. It defines key terms such as claims, statements, and benefits, and specifies the roles of Administrative Law Judges and investigating officials in the enforcement process.
Administrative Claims Under Federal Tort Claims Act
10 CFR Part 1014 establishes procedures for filing administrative claims under the Federal Tort Claims Act against the Department of Energy for personal injury, property damage, or death caused by negligent or wrongful acts of DOE employees. Claims must be submitted using Standard Form 95 to the appropriate DOE office, may be amended before final action, and may be filed by the injured party, property owner, estate representative, or authorized agent.
Control of Traffic at Nevada Test Site
This regulation establishes traffic control procedures for the Department of Energy's Nevada Test Site in Nye County, Nevada. It applies to all persons using site streets and authorizes the Nevada Site Office Manager to promulgate specific traffic regulations covering enforcement, traffic signs, speed limits, turning movements, stopping and yielding, pedestrian rights, parking, emergency vehicle privileges, and miscellaneous driving rules.
Licenses and Radiation Safety Requirements for Well Logging
10 CFR Part 39 establishes licensing and radiation safety requirements for the use of licensed materials—including sealed sources, radioactive tracers, markers, and uranium sinker bars—in well logging operations. The regulation prescribes definitions, operational requirements, supervisory standards, and compliance obligations for persons handling radioactive sources at temporary jobsites, including personal supervision, safety reviews, and cross-referenced NRC regulatory provisions.
Medical Use of Byproduct Material
10 CFR Part 35 establishes regulatory requirements for the medical use of byproduct material, including radiation safety standards for workers, the general public, patients, and human research subjects. The regulation defines authorized roles (authorized users, radiation safety officers, authorized medical physicists, and authorized nuclear pharmacists) and licensing provisions issued by the Nuclear Regulatory Commission and Agreement States.
Physical Protection of Plants and Materials
10 CFR Part 73 establishes physical protection requirements for special nuclear material at fixed sites and in transit, and for plants using such material. The regulation prescribes design basis threats that safeguards systems must counter, including radiological sabotage and theft/diversion of strategic special nuclear material by adversaries with military training, weapons, explosives, vehicles, and cyber attack capabilities.
Domestic Licensing of Production and Utilization Facilities
10 CFR Part 50 establishes the NRC's licensing framework for domestic nuclear production and utilization facilities under the Atomic Energy Act of 1954. It defines key regulatory terms including applicants, atomic energy, basic components, byproduct materials, and alternate AC power sources, and establishes that persons knowingly providing goods or services to licensees may be subject to NRC enforcement action for violations.
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
This regulation implements Title IX of the Education Amendments of 1972, establishing nondiscrimination requirements on the basis of sex in education programs and activities receiving federal financial assistance. It defines key terms including educational institutions, federal financial assistance, applicants, and administrative structures, effective September 29, 2000.
Federal Employee Salary Offset Procedures for the Collection of a Debt Owed to the Federal Government
This regulation establishes procedures for the Defense Nuclear Facilities Safety Board to collect debts owed by federal employees through administrative salary offset without employee consent. It defines key terms, specifies exemptions for tax and tariff debts, and allows employees to request waivers or challenge debt validity.
Medical, Physical Readiness, Training, and Access Authorization Standards for Protective Force Personnel
10 CFR Part 1046 establishes medical, physical readiness, training, and access authorization standards for contractor protective force personnel providing security at Department of Energy and National Nuclear Security Administration facilities. The regulation applies uniformly to DOE and NNSA contractor employees and applicants, requiring medical examinations, physical performance standards, and training certifications. Exemptions are permitted only on a case-by-case basis with documented assurance that safety, security, and national defense are not endangered.
Safeguards on Nuclear Material—Implementation of Safeguards Agreements Between the United States and the International Atomic Energy Agency
This regulation implements US safeguards agreements with the International Atomic Energy Agency (IAEA) to fulfill nuclear non-proliferation obligations. It establishes requirements for NRC licensees, certificate holders, and applicants to report information on source and special nuclear materials, their physical locations, and grant IAEA inspectors access to facilities for verification activities consistent with international safeguards standards and the Additional Protocol.
Advisory Committees
This regulation establishes NRC policies and procedures for establishing, utilizing, and terminating advisory committees. Committees must comply with the Federal Advisory Committee Act and serve only in an advisory capacity. The NRC establishes committees only when required by law, essential to NRC business, or when information is unavailable elsewhere. Committees must be balanced and kept to minimum necessary size, and must be terminated when objectives are met, subject matter becomes obsolete, functions transfer elsewhere, or costs become excessive. Non-statutory committees terminate within two years unless renewed. Meetings are open to the public unless justified closure occurs.
Limited Arrest Authority and Use of Force by Protective Force Officers of the Strategic Petroleum Reserve
10 CFR Part 1049 establishes Department of Energy security policies governing arrest authority and use of force by DOE and contractor protective force officers at Strategic Petroleum Reserve facilities. Officers may arrest individuals for federal felonies committed in their presence or when reasonable grounds exist to believe a felony has occurred, and must announce their authority and inform suspects of charges before taking custody, except where such announcements would be unsafe or useless.
Statement of Organization and General Information
This regulation establishes the Nuclear Regulatory Commission's organizational structure, authority, and operations following its creation under the Energy Reorganization Act of 1974. It defines the Commission's composition, designates principal and regional offices, and describes how to access NRC organizational directives, meeting information, regulatory documents, and records under the Freedom of Information Act.
Compliance with Floodplain and Wetland Environmental Review Requirements
10 CFR Part 1022 establishes DOE procedures for complying with Executive Orders 11988 and 11990 on floodplain management and wetland protection. It requires DOE to evaluate proposed actions in floodplains or wetlands, incorporate flood risk reduction and wetland preservation into planning and decision-making, ensure structures meet FEMA flood insurance standards, and provide public notice and opportunity for review of projects affecting these sensitive areas.
Specific Domestic Licenses of Broad Scope for Byproduct Material
10 CFR Part 33 establishes requirements for issuing specific domestic licenses of broad scope for byproduct material. It defines three license types (A, B, C) with varying possession limits for radioactive materials, specifies application procedures using NRC Form 313, and incorporates related regulatory requirements from 10 CFR Parts 30 and 37. OMB approval control numbers are provided for information collection requirements.
Licensing Requirements for Land Disposal of Radioactive Waste
10 CFR Part 61 establishes licensing procedures and criteria for land disposal of radioactive waste containing byproduct, source, and special nuclear material in the United States. The regulations apply to all persons except those disposing of high-level waste, uranium or thorium tailings exceeding 10,000 kg with more than 5 millicuries of radium-226, or licensed material under Part 20. Key definitions include active maintenance, buffer zones, commencement of construction, and disposal sites.
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.
Foreign Gifts and Decorations
10 CFR Part 1050 implements the Foreign Gifts and Decorations Act for Department of Energy and Federal Energy Regulatory Commission employees. It establishes policies and procedures for accepting, using, and disposing of gifts and decorations from foreign governments, defines key terms including employee, foreign government, gift, and decoration, and outlines compliance responsibilities and authorities for managing such gifts.
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.
Nondiscrimination in Federally Assisted Programs or Activities
This regulation implements Title VI and related civil rights statutes to prohibit discrimination by the Department of Energy in federally assisted programs. It covers all forms of federal financial assistance administered by DOE and protects against discrimination based on race, color, national origin, sex, handicap, or age in participation, benefits, and employment, with exclusions for insurance contracts and certain procurement contracts.
Trespassing on Strategic Petroleum Reserve Facilities and Other Property
This regulation prohibits unauthorized entry into U.S. Department of Energy Strategic Petroleum Reserve facilities and related property, and bars the unauthorized introduction of weapons, explosives, or dangerous materials into such facilities. Violations are misdemeanors subject to maximum fines and imprisonment up to one year. The regulation requires conspicuous posting of prohibition notices at facility entrances and perimeters.
National Environmental Policy Act Implementing Procedures
The Department of Energy establishes implementing procedures for compliance with the National Environmental Policy Act (NEPA), defining key terms related to hazardous substances, contaminants, and pollutants under CERCLA. The regulation authorizes categorical exclusions for departmental actions that do not normally have significant environmental effects, requiring documented determinations to be posted publicly within two weeks unless classified or confidential business information requires protection.
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.
Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs
This regulation adopts the Uniform Relocation Assistance and Real Property Acquisition Policies Act procedures for Department of Energy programs, incorporating standards from 49 CFR Part 24 to govern relocation assistance and property acquisition in federal and federally assisted initiatives.
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.
Safeguarding of Restricted Data by Access Permittees
10 CFR Part 1016 establishes requirements for safeguarding Secret and Confidential Restricted Data by access permittees under DOE oversight. The regulation defines four access authorization levels (Q, Q(X), L, L(X)) based on background investigation requirements and specifies which classifications and data types individuals may access based on need-to-know and national security considerations. Top Secret information is excluded from this regulation.
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.
Payment of Travel Expenses of Persons Who Are Not Government Employees
10 CFR Part 1060 establishes Department of Energy policies authorizing payment of travel expenses for non-government employees in specific circumstances: invited conferees on DOE matters, prospective senior-level or shortage-position applicants, subpoenaed witnesses, travel attendants for disabled individuals, or when a principal official determines payment serves government interests. All approvals must be documented in advance, with certain officials prohibited from delegating this authority.
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.
Limited Arrest Authority and Use of Force by Protective Force Officers
10 CFR Part 1047 establishes Department of Energy policy governing arrest authority and use of force by protective force officers protecting nuclear weapons, special nuclear material, classified matter, and nuclear facilities. Officers may exercise limited warrant-less arrest authority only when performing official duties in enforcing specific federal felonies and misdemeanors involving U.S. government property in DOE custody, including sabotage, explosives violations, civil disorder, and destruction of government property.