DEPARTMENT OF ENERGY
10 CFR Parts 830 and 835
Office of the General Counsel; Ruling 1995-1; Ruling Concerning
10 CFR Parts 830 (Nuclear Safety Management) and 835 (Occupational
Radiation Protection)
AGENCY: Department of Energy.
ACTION: Notice of Ruling 1995-1.
SUMMARY: The Department of Energy (DOE) has issued Ruling 1995-
1 which interprets certain regulatory provisions relating to
DOE's nuclear safety requirements. This Ruling is intended to
be a generally applicable clarification that addresses questions
concerning the applicability and effect of these provisions.
FOR FURTHER INFORMATION CONTACT: Ben McRae, Office of the Assistant
General Counsel for Civilian Nuclear Programs, Room 6A 167,
Forrestal Building, 1000 Independence Ave., SW., Washington
DC 20585; telephone (202) 586-6975.
SUPPLEMENTARY INFORMATION:
Department of Energy's Ruling 1995-1
A. Introduction
The Assistant Secretary for Environment, Safety and Health
has requested that the General Counsel respond to several questions
regarding nuclear safety regulations 10 CFR Parts 830 (Nuclear
Safety Management) and 835 (Occupational Radiation Protection).
This ruling responds to those questions and constitutes an
interpretation under Subpart D of 10 CFR Part 820.{1}
| {1} Subpart D of Part 820 sets forth the procedural
|framework for issuing an interpretation, which is defined
|in Part 820.2(a) to mean:
| A statement by the General Counsel concerning the meaning
|or effect of the [Atomic Energy] Act, a Nuclear Statute,
|or a DOE Nuclear Safety Requirement which relates to
|a specific factual situation but may also be a ruling
|of general applicability where the General Counsel determines
|such action to be appropriate.
| Sections 820.50, .51 and .52 state:
| The General Counsel shall be * * * responsible for
|formulating and issuing any interpretation * * * [and]
|may utilize any procedure which he deems appropriate
|to comply with his responsibilities under this subpart.
|* * * Any written or oral response to any written or
|oral question which is not provided pursuant to this
|subpart does not constitute an interpretation and does
|not provide any basis for action inconsistent with the
|[Atomic Energy] Act, a Nuclear Statute, or a DOE Nuclear
|Safety Requirement.
B. Questions and Responses
1. Is the scope of either Part 830 or Part 835 limited to
those facilities or activities involving byproduct, source,
or special nuclear materials, as defined in the Atomic Energy
Act?
No, neither Part 830 nor 835 is limited to activities or
facilities involving byproduct, source, or special nuclear material.
The requirements in Parts 830 and 835 cover all activities under
DOE's auspices with the potential to cause radiological harm.
These rules are promulgated pursuant to section 161 of the Atomic
Energy Act of 1954, as amended (AEA). Section 161b. of the AEA
authorizes the Department to promulgate rules ``to govern the
possession and use of special nuclear material, source material,
and byproduct material'' and section 161i. authorizes the Department
to prescribe such regulations as it deems necessary to govern
any activity authorized pursuant to the AEA, specifically including
standards for the protection of health and minimization of danger
to life or property.
Although most sources of ionizing radiation are encompassed
by the terms ``byproduct material,'' ``source material'' and
``special nuclear material,'' some sources, such as machine-
produced radioactive material, are not. Because all ionizing
radiation has the potential to cause harm, the Department did
not limit the application of the nuclear safety requirements
in Parts 830 and 835
---- page 4210 ----
to situations involving byproduct, source and special nuclear
material.
Part 830 covers activities at facilities even where no nuclear
material is present such as facilities that prepare the nonnuclear
components of nuclear weapons, but which could cause radiological
damage at a later time. 10 CFR 830.3(a)(6).
2. Do Parts 830 and 835 apply to Government employees in
general and to the Department's Government-owned, Government-
operated facilities specifically?
Part 830. Part 830.1 states that it governs the conduct of
the Department's ``management and operating contractors and
other persons at DOE nuclear facilities.'' {2} Section 830.4(a)
provides that no person shall take or cause to be taken any
action inconsistent with Part 830 or any document implementing
Part 830. The definition of ``person'' in Part 830 excludes
the Department, the Nuclear Regulatory Commission (NRC), as
well as their employees when these employees are acting within
the scope of their employment.{3} Therefore, the requirements
in Part 830 do not apply to DOE employees.{4}
| {2} Section 830.1 states:
| This part governs the conduct of the Department of
|Energy (DOE) management and operating contractors and
|other persons at DOE nuclear facilities.
| {3} Sections 830.3(a) and 835.2(a) state:
| Person means any individual, corporation, partnership,
|firm, association, trust, estate, public or private institution,
|group, Government agency, any State or political subdivision
|of, or any political entity within a State, any foreign
|government or nation or other entity and any legal successor,
|representative, agent or agency of the foregoing; provided
|that person does not include the Department or the United
|States NRC. (emphasis added)
| The only government agencies and employees thereof
|excluded from this definition are the Department and
|the NRC.
| {4} Section 830.4(b) states:
| With respect to a particular DOE nuclear facility,
|the contractor responsible for the design, construction,
|operation, or decommissioning of that facility shall
|be responsible for implementation of, and compliance
|with, the requirements of this part.
| Section 830.4(a) states:
| No person shall take or cause to be taken any action
|inconsistent with the requirements of this part or any
|program, plan, schedule, or other process established
|by this part.
The preamble to the final Part 830 rule explained that the
Department rejected comments that Part 830 be expanded to include
DOE employees. The Department found that equivalent requirements
were imposed on its employees through DOE directives.{5}
| {5} 59 FR 15845 (1994).
The requirements in Part 830 do not apply to the Department's
Government-owned, Government-operated (GOGOs) facilities.{6}
While the definition of nuclear facility in Part 830 does not
contain an explicit exclusion for facilities operated by the
Department, Part 830 only covers nuclear facilities operated
and managed by a contractor. GOGOs are governed by the nuclear
safety provisions contained in DOE directives.
| {6} DOE is considering expanding the scope of 830
|to cover GOGOs and has requested comments on this issue
|in its Notice of limited reopening of comment periods
|published on August 31, 1995, 60 FR 45381.
Part 835. The requirements in Part 835 apply to DOE employees.
The scope provision, section 835.1(a), does not limit its applicability
to contractors.{7} Moreover, the general rule provision of section
835.3(a) explicitly provides that DOE personnel shall act consistently
with the requirements of Part 835.{8}
| {7} Section 835.1(a) states:
| The rules in this part establish radiation protection
|standards, limits, and program requirements for protecting
|individuals from ionizing radiation resulting from the
|conduct of DOE activities.
| {8} Section 835.3(a) states:
| No person or DOE personnel shall take or cause to be
|taken any action inconsistent with the requirements of:
| (1) This part; or
| (2) Any program, plan, schedule, or other process established
|by this part. (emphasis added)
The requirements in Part 835 also apply to activities at
the Department's Government-owned, Government-operated facilities.
Unlike Part 830, the general rule provision of Part 835 explicitly
provides that, where there is no contractor responsible for
a DOE activity, the Department shall ensure the implementation
of and compliance with the requirements of Part 835.{9}
| {9} Section 835.3(c) states:
| Where there is no contractor for a DOE activity, DOE
|shall ensure implementation of and compliance with the
|requirements of this part.
3. Is the scope of either Part 830 or Part 835 limited to
those facilities or activities subject to civil penalties?
No, neither Part 830 nor 835 is not limited to those facilities
or activities subject to civil penalties. The Department's authority
to regulate its activities and those of its contractors derives
from section 161 of the AEA. Section 161i. extends this authority
to all activities undertaken by or for the Department pursuant
to the AEA. The Price-Anderson Amendments Act of 1988 added
section 234A to the Atomic Energy Act to provide the Department
with authority to assess civil penalties for violations of rules,
regulations or orders relating to nuclear safety by contractors
and subcontractors who are indemnified by the Department pursuant
to the Price-Anderson Act.{10} Section 234A did not limit the
Department's regulatory authority under the Atomic Energy Act
to those situations where the Department can assess civil penalties
(that is, situations where there is a Price-Anderson indemnity
agreement). Nor does Part 820, 830, or 835 contain any provision
that would limit the exercise of this authority to only those
facilities or activities subject to civil penalties.
| {10} Section 234A.a. states:
| Any person who has entered into an agreement of indemnification
|under subsection 170d. (or any subcontractor or supplier
|thereto) who violates (or whose employee violates) any
|applicable rule, regulation, or order related to nuclear
|safety prescribed or issued by the Secretary of Energy
|pursuant to this Act * * * shall be subject to a civil
|penalty. * * *
4. To what extent do Parts 830 and 835 apply to subcontractors
and suppliers, and is applicability dependent upon indemnification
under the Price-Anderson provisions of the Atomic Energy Act?
Both Parts 830 and 835 apply to subcontractors and suppliers.
As discussed in the response to question 3, there is no provision
in the AEA or in 10 CFR Part 820, 830, or 835 that would limit
the applicability of the requirements in Parts 830 and 835 to
persons indemnified under the Price-Anderson provisions of the
Atomic Energy Act.{11} Both parts provide that ``no person shall
take or cause to be taken any action inconsistent with the requirements
of the[ese] Part[s] or any program, plan, schedule, or other
process established by the[ese] Part[s].'' {12} As discussed
in the response to question 2, the definition of ``person''
in Parts 830 and 835 covers all individuals and entities other
than the Department, the Commission and their employees. Thus,
Parts 830 and 835 and implementation plans adopted thereunder
apply to all contractors, subcontractors, suppliers and their
employees. Even a visitor to a facility is obligated to comply
with applicable requirements in these rules.
| {11} Section 11 of the Atomic Energy Act defines ``person
|indemnified'' as ``the person with whom an indemnity
|agreement is executed * * * and any other person who
|may be liable for public liability. * * *'' (emphasis
|added)
| {12} Sections 830.4(a) and 835.3(a) are set forth
|in footnotes 4 and 8, supra.
5. To what extent are activities performed on a DOE site
subject to Parts 830 and 835 if they are regulated by the Nuclear
Regulatory Commission (including activities certified by the
NRC under section 1701 of the Atomic Energy Act) or by a State
under an agreement with the NRC?
Both Parts 830 and 835 contain an explicit exclusion for
activities regulated through a license by the Nuclear Regulatory
Commission or a State under an Agreement with the
---- page 4211 ----
NRC {13} (or certified by the NRC under section 1701 of the
Atomic Energy Act).{14} This exclusion is intended to prevent
an activity from being subject to dual regulation under the
Atomic Energy Act. The exclusion is not intended to permit activities
to escape regulation and thus applies only to the portion of
a facility or activity conducted pursuant to a NRC license or
certification or state authorization derived from an agreement
with the NRC.
| {13} Section 274 of the Atomic Energy Act provides
|that the NRC can enter into an agreement with a State
|to permit the State to regulate byproduct, special nuclear,
|and source material in certain specified situations.
|To the extent the NRC exercises this provision to transfer
|authority to a State, the State is considered an ``Agreement
|State.''
| {14} Section 830.2 states:
| This part does not apply to:
| (a) Activities that are regulated through a license
|by the Nuclear Regulatory Commission (NRC) or a State
|under an Agreement with the NRC, including activities
|certified by the NRC under section 1701 of the Atomic
|Energy Act.
| Section 835.1(b) states:
| The requirements in this part do not apply to:
| (1) Activities that are regulated through a license
|by the Nuclear Regulatory Commission or a State under
|an Agreement with the Nuclear Regulatory Commission,
|including activities certified by the Nuclear Regulatory
|Commission under section 1701 of the Atomic Energy Act.
6. To what extent are DOE activities performed off a DOE
site subject to Parts 830 and 835, and what is the effect if
these activities are performed on a site regulated by the Nuclear
Regulatory Commission or by an Agreement State?
Part 830/Offsite Activities. Part 830 provides that it ``governs
the conduct of the Department of Energy (DOE) management and
operating contractors and other persons at DOE nuclear facilities.''
10 CFR 830.1 (emphasis added) Section 830.3 provides that a
``nuclear facility'' may be either a ``reactor'' or a ``nonreactor
nuclear facility.'' {15} ``Nonreactor nuclear facility means
those activities or operations that involve radioactive or fissionable
material in such form and quantity that a nuclear hazard potentially
exists to the employees or the general public.'' {16} Thus,
nonreactor facility includes not just facilities but activities
and operations. However, because Part 830 applies only at a
DOE nuclear facility, Part 830 applies only at DOE operations
and activities and would not apply, for example, at a supplier's
facility.{17}
| {15} Section 830.3(a) states:
| Nuclear facility means reactor and nonreactor nuclear
|facilities.
| * * * * *
| Non-reactor nuclear facility means those activities
|or operations that involve radioactive and/or fissionable
|materials in such form and quantity that a nuclear hazard
|potentially exists to the employees or the general public.
|Incidental use and generating of radioactive materials
|in a facility operation (e.g., check and calibration
|sources, use of radioactive sources in research and experimental
|and analytical laboratory activities, electron microscopes,
|and X-ray machines) would not ordinarily require the
|facility to be included in this definition. Transportation
|of radioactive materials, accelerators and reactors and
|their operations are not included. The application of
|any rule to a nonreactor nuclear facility shall be applied
|using a graded approach. Included are activities or operations
|that:
| (1) Produce, process, or store radioactive liquid or
|solid waste, fissionable materials, or tritium;
| (2) Conduct separations operations;
| (3) Conduct irradiated materials inspections, fuel
|fabrication, decontamination, or recovery operations;
| (4) Conduct fuel enrichment operations;
| (5) Perform environmental remediation or waste management
|activities involving radioactive materials; or
| (6) Design, manufacture, or assemble items for use
|with radioactive materials and/or fissionable materials
|in such form or quantity that a nuclear hazard potentially
|exists.
| * * * * *
| Reactor means * * * the entire nuclear reactor facility,
|including the housing, equipment, and associated areas
|devoted to the operation and maintenance of one or more
|reactor cores. * * *
| {16} 10 CFR Part 830.3(a). Neither the AEA nor Part
|830 limits the meaning of radioactive or fissionable
|material. In the preamble to the final rule that adopted
|Part 830, the Department rejected comments that requested
|a threshold to exclude coverage of low hazard facilities
|and reaffirmed its intent to cover all facilities that
|involve radioactive material in such form and quantity
|that a nuclear hazard potentially exists. See comment
|9 and the response thereto, 59 FR 15844 (1994). In the
|same preamble, the Department stated that the definition
|of hazard in Part 830 is intended to cover ``all situations
|with any potential to cause harm to people, facilities,
|or the environment.'' See comment 7 and the respose thereto,
|59 FR 15488 (1994). We are considering limiting the scope
|of Part 830 to those nuclear facilities classified as
|category 3 or higher in DOE Standard 1027. See Notice
|of Limited Reopening of Comment Periods, 60 FR 45381,
|August 31, 1995.
| The only activities involving radioactive or fissionable
|materials not covered are those explicitly excluded by
|the definition of ``nonreactor nuclear facility,'' that
|is, activities that involve (1) transportation of radioactive
|material, (2) accelerators, or (3) the incidental use
|or generation of radioactive material associated with
|devices such as check and calibration sources, electron
|microscopes, and X-ray machines. While some activities
|at nuclear weapons facilities are excluded from coverage
|pursuant to section 830.2, these facilities are nonetheless
|nuclear facilities for purposes of section 830.3 and
|most activities at these facilities are covered by Part
|830.
| {17} DOE is considering expanding the scope of 830
|to include those off-site activities that may affect
|the safe management of DOE sites and has requested comments
|on this issue in its Notice of Limited Reopening of Comment
|Periods published on August 31, 1995 in the Federal Register,
|60 FR 45381.
Part 835/Offsite Activities. Part 835 is not limited to DOE
activities at a DOE facility. Part 835 applies to the ``conduct
of DOE activities.'' {18} ``DOE activities'' include ``an activity
taken for or by the DOE that has the potential to result in
* * * exposure * * * to radiation or radioactive material.''
{19} Thus, Part 835 covers activities performed off a DOE site
and would include, for example, an action taken for DOE by a
supplier at the supplier's faciltiy.{20}
| {18} See footnote 7.
| {19} Section 835.2(a) states:
| DOE activities means an activity [sic] taken for or
|by the DOE that has the potential to result in the occupational
|exposure of an individual to radiation or radioactive
|material. The activity may be, but is not limited to,
|design, construction, operation, or decommissioning.
|To the extent appropriate, the activity may involve a
|single DOE facility or operation or a combination of
|facilities and operations, possibly including an entire
|site.
| {20} The scope of Part 835 is also broader than 830
|in that it does not exclude accelerators, transportation
|activities or incidental use of radioactive materials
|that are excluded from the definition of nonreactor nuclear
|facility in 830. See comment 11 and response thereto
|in the preamble to the final Part 835 rule, 59 FR 15845
|(1994).
Effect of NRC or State Licensing on Applicability of Parts
830 and 835. DOE activities that are subject to Nuclear Regulatory
Commission licensing or certification or to Agreement State
regulation are excluded from regulation under Parts 830 and
835. See answer to Question 5 above. With respect to activities
regulated by a State, this exclusion only applies to the extent
the State is regulating pursuant to AEA authority derived through
an Agreement with the NRC.
7. To what extent do Parts 830 and 835 apply to activities
performed under cooperative agreements, grants, and work-for-
others?
Parts 830 and 835 apply to activities undertaken pursuant
to the Department's authority under the Atomic Energy Act, including
arrangements involving activities under cooperative agreements,
grants, and work-for-others pursuant to its authority under
section 31 (Research Assistance) and section 33 (Research For
Others) of the AEA. Because neither Part 830 nor Part 835 contain
any explicit exclusion of activities performed under work-for-
others arrangements, cooperative agreements, or grants, the
requirements in Parts 830 and 835 apply to such activities to
the same extent the requirements apply to other activities undertaken
pursuant to the Department's authority under the AEA.
Section 31d. of the Atomic Energy Act provides that arrangements
under that section (cooperative agreements and grants) ``shall
contain such provisions (1) to protect health [and] (2) to minimize
danger to life and property * * * as the [Department] may determine.''
Thus, the Department has discretion to exclude from a particular
arrangement some or all of the requirements in Parts 830 and
835.
Although the requirements of Parts 830 and 835 apply to arrangements
other than contracts, civil penalty assessments are authorized
only for a
---- page 4212 ----
``person who may conduct activities under a contract with the
Department of Energy * * *'' and any subcontractor or supplier
thereto. Civil penalties are not authorized for activities conducted
under a cooperative agreement, grant, or work-for-others arrangement,
as distinguished from a contract. See Sections 234Aa. and 170d.(1)(A)
of the AEA and the answer to question 8 below.
8. May DOE assess civil penalties against persons other than
contractors indemnified under the Price-Anderson provisions
of the Atomic Energy Act?
Civil penalties apply only to contractors who are indemnified
under the Price-Anderson Act and any subcontractors and suppliers
thereto.
Section 234A of the AEA authorizes civil penalties assessment
for contractors of the Department (or any subcontractor or supplier
thereto) that have entered into a Price-Anderson indemnity agreement
with the Department. Section 170d.(1)(A) of the AEA mandates
a Price-Anderson indemnity agreement between the Department
and a contractor if activities by the contractor for the Department
involve the risk of public liability.{21} Section 11 of the
Atomic Energy Act defines public liability as ``any legal liability
arising out of or resulting from a nuclear incident'' and defines
nuclear incident as ``any occurrence * * * causing [damage or
injury] * * * arising out of or resulting from * * * source,
special nuclear, or byproduct material.''
| {21} Section 170d.(1)(A) states:
| [T]he Secretary shall * * * enter into agreements of
|indemnification * * * with any person who may conduct
|activities under a contract with the Department of Energy
|that involve the risk of public liability.* * *
Section 234A further limits civil penalties to situations
where a contractor (or any subcontractor or supplier thereto)
violates any applicable rule, regulation, or order of the Secretary
of Energy relating to nuclear safety. 10 CFR Part 820 sets forth
the procedural rules for DOE nuclear activities, including the
procedures for assessing civil penalties. Part 820 defines nuclear
safety requirement broadly to include all ``enforceable rules,
regulations, or orders relating to nuclear safety adopted by
DOE.* * *'' {22} Section 820.20(b) limits the basis for assessment
of civil penalties to violations of a DOE Nuclear Safety Requirement,
i.e., one set forth in the Code of Federal Regulations, a Compliance
Order under part 820, or a plan or program implementing those
provisions.{23} Thus, the requirements in Parts 830 and 835
form part of the set of nuclear safety requirements which, if
violated, provide a basis for the assessment of civil penalties.
| {22} Part 820.2(a) states:
| DOE Nuclear Safety Requirements means the set of enforceable
|rules, regulations, or orders relating to nuclear safety
|adopted by DOE (or by another agency if DOE specifically
|identifies the rule, regulation, or order) to govern
|the conduct of persons in connection with any DOE activity
|and includes any programs, plans, or other provisions
|intended to implement these rules, regulations, orders,
|a Nuclear Statute [that is, any statute or provision
|of a statute that relates to a DOE nuclear activity and
|for which DOE is responsible], the [Atomic Energy] Act,
|including technical specifications and operational safety
|requirements for DOE nuclear facilities. For purposes
|of the assessment of civil penalties, the definition
|of DOE Nuclear Safety Requirements is limited to those
|set forth in 10 CFR section 820.20(b). (emphasis added)
| {23} Section 820.20(b) provides that the basis for
|the assessment of civil penalties is a violation of:
| (1) Any DOE Nuclear Safety Requirement set forth in
|the Code of Federal Regulations;
| (2) Any Compliance Order issued pursuant to subpart
|C of this part; or
| (3) Any program, plan, or other provision required
|to implement any requirement or order identified in paragraphs
|(b)(1) or (b)(2) of this section.
Therefore, only a Price-Anderson indemnified DOE contractor,
and any subcontractor or supplier thereto, who violates a nuclear
safety requirement of the type listed in section 820.20(b),
may be assessed a civil penalty by the Department.
9. Are there any indemnification provisions other than the
Price-Anderson provisions that apply to DOE facilities and activities
and, if so, could such indemnification be used to invoke civil
penalties for violations of Parts 830 and 835 or the applicability
of the requirements in Parts 830 and 835?
Although there are other indemnification provisions that
could be applied to DOE facilities and activities, there are
no other indemnification provisions that could be used to invoke
civil penalties under section 234A of the AEA. Section 170d.(1)(B)(i)(I)
of the Atomic Energy Act provides that agreements of indemnification
under the Price-Anderson provisions of that Act shall be the
``exclusive means of indemnification for public liability arising
from activities'' conducted under a contract with the Department.
This restriction on the Secretary's use of indemnity authority
is directed to indemnification for public liability. With respect
to situations involving liability other than public liability
as defined in section 11 of the AEA,{24} other indemnification
provisions (such as Public Law 85-804) may be available.
| {24} See discussion in the answer to Question 8 above,
|regarding the definition of public liability.
As discussed in the response to question 8, civil penalties
under section 234A may be assessed only with respect to contractors
indemnified under the Price-Anderson provisions of the AEA.
The requirements of Parts 830 and 835, however, may be applied
to DOE facilities or activities whether or not such facilities
or activities are covered by DOE indemnification. As discussed
in the response to question 3, section 161 of the AEA is the
authority for the requirements in Parts 830 and 835 and the
exercise of this authority is not dependent on whether the Department
provides an indemnification for liability resulting from the
activities to which the requirements apply.
10. What is the purpose of the exclusion in Parts 830 and
835 for activities conducted under the Nuclear Explosives and
Weapons Safety Program relating to the prevention of accidental
or unauthorized nuclear detonations and what activities are
intended to be included within the scope of this exclusion?
Parts 830 and 835 contain identical exclusions for ``[a]ctivities
conducted under the Nuclear Explosives and Weapons Safety Program
relating to the prevention of accidental or unauthorized nuclear
detonations.'' {25} This exclusion is drafted narrowly to cover
only those activities necessary to prevent an accidental or
unauthorized nuclear detonations (that is, where the component
parts of a nuclear weapon have been assembled in a manner such
that a nuclear detonation could take place). The basis for this
exclusion is the paramount importance of preventing accidental
or unauthorized nuclear detonations and ensuring that the requirements
in Parts 830 and 835 do not come into conflict with activities
necessary to prevent any such detonation.
| {25} Sections 830.2(c) and 835.1(b)(3).
However, these exclusions are not intended to relieve the
person responsible for a DOE nuclear facility or a DOE activity
from complying with the requirements in Parts 830 and 835 to
the extent they do not interfere with the conduct of activities
undertaken to prevent an accidental or unauthorized nuclear
detonation. For example, under Part 830, a contractor must develop
and implement a Quality Assurance Program for a nuclear facility
where nuclear weapons are or may be present. A provision within
the Quality Assurance Program may be disregarded, however, to
the extent it limits the conduct of an activity to prevent the
detonation of a nuclear weapon. Under Part 835, for example,
a contractor must implement and comply with the radiological
posting requirements with respect to a
---- page 4213 ----
DOE activity that involves or may involve nuclear weapons. These
posting requirements may be disregarded, however, to the extent
they limit the conduct of a particular activity to prevent the
detonation of a nuclear weapon, such as moving the weapon to
an area that is not posted correctly for the presence of a nuclear
weapon.
The Department, recognizes that the exclusion could be interpreted
more broadly than intended and therefore may adopt a clarifying
amendment to the exclusions stated in 10 CFR 830.2(c) and 835.1(b)(3).{26}
| {26} See Notice of Limited Reopening of Comment Periods,
|60 FR 45381, 45384 (1995) for a discussion of the weapons
|exclusion.
Robert R. Nordhaus,
General Counsel.
[FR Doc. 96-2345 Filed 2-2-96; 8:45 am]
BILLING CODE 6450-01-P
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