Ohio Admin. Code 3701:1-40-06 - Department of energy contractors
(A) Except to the extent that United States
department of energy facilities or activities of the types subject to licensing
pursuant to section 202 of the "Energy Reorganization Act of 1974"
( Pub.L. 93-438, 88 Stat. 1233,
42
U.S.C. 5842) are involved, any prime
contractor of the United States department of energy is exempt from the license
requirements set forth in sections 81 and 82 of the "Atomic Energy Act
of 1954 " ( Pub.L. 83-703,
68 Stat. 919,
42 U.S.C.
2111 and
2112)
and from the regulations in this chapter to the extent that such
contractor, under his prime contract with the United States department of
energy, manufactures, produces, transfers, receives, acquires, owns, possesses,
or uses byproduct material for:
(1) The
performance of work for the United States department of energy at a United
States government-owned or controlled site, including the transportation of
byproduct material to or from such site and the performance of contract
services during temporary interruptions of such transportation;
(2) Research in, or development, manufacture,
storage, testing or transportation of, atomic weapons or components thereof;
or
(3) The use or operation of
nuclear reactors or other nuclear devices in a United States government-owned
vehicle or vessel.
(B)
In addition to the exemptions specified in paragraph (A) of this rule, and subject to the requirement for licensing of the
United States department of energy facilities and activities pursuant to
section 202 of the "Energy Reorganization Act of 1974" ( Pub.L. 93-438, 88 Stat. 1233,
42
U.S.C. 5842) , any prime contractor or
subcontractor of the United States department of energy or the United States
nuclear regulatory commission is exempt from the requirements for a license set
forth in sections 81 and 82 of the "Atomic Energy Act of 1954 " ( Pub.L. 83-703, 68
Stat. 919,
42 U.S.C.
2111 and
2112)
and from the regulations in this chapter to the extent that such prime
contractor or subcontractor manufactures, produces, transfers, receives,
acquires, owns, possesses, or uses byproduct material under his prime contract
or subcontract when the United States nuclear regulatory commission determines
that the exemption of the prime contractor or subcontractor is authorized by
law; and that, under the terms of the contract or subcontract, there is
adequate assurance that the work thereunder can be accomplished without undue
risk to the public health and safety.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 08/15/2005, 10/04/2010
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