42 U.S. Code § 5842 - Licensing and related regulatory functions respecting selected Administration facilities

Notwithstanding the exclusions provided for in section 110a. [42 U.S.C. 2140 (a)] or any other provisions of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], the Nuclear Regulatory Commission shall, except as otherwise specifically provided by section 110b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140 (b)), or other law, have licensing and related regulatory authority pursuant to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2071 et seq., 2091 et seq., 2111 et seq., 2131 et seq.], as to the following facilities of the Administration:
(1) Demonstration Liquid Metal Fast Breeder reactors when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.
(2) Other demonstration nuclear reactors—except those in existence on the effective date of this chapter—when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.
(3) Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under such Act.
(4) Retrievable Surface Storage Facilities and other facilities authorized for the express purpose of subsequent long-term storage of high-level radioactive waste generated by the Administration, which are not used for, or are part of, research and development activities.
(5) Any facility under a contract with and for the account of the Department of Energy that is utilized for the express purpose of fabricating mixed plutonium-uranium oxide nuclear reactor fuel for use in a commercial nuclear reactor licensed under such Act, other than any such facility that is utilized for research, development, demonstration, testing, or analysis purposes.

Source

(Pub. L. 93–438, title II, § 202,Oct. 11, 1974, 88 Stat. 1244; Pub. L. 105–261, div. C, title XXXI, § 3134(a),Oct. 17, 1998, 112 Stat. 2247.)
References in Text

The Atomic Energy Act of 1954, as amended, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1,68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of this title. Chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended, are classified generally to subchapters V (§ 2071 et seq.), VI (§ 2091 et seq.), VII (§ 2111 et seq.), and IX (§ 2131 et seq.) of division A of chapter 23 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
The effective date of this chapter, referred to in par. (2), refers to the effective date of Pub. L. 93–438. See section 312 ofPub. L. 93–438, set out as an Effective Date; Interim Appointments note under section 5801 of this title.
Amendments

1998—Par. (5). Pub. L. 105–261added par. (5).
Transfer of Functions

For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.
Availability of Funds for Licensing by NRC

Pub. L. 105–261, div. C, title XXXI, § 3134(b),Oct. 17, 1998, 112 Stat. 2247, provided that: “Section 210 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (42 U.S.C. 7272 [now 50 U.S.C. 2513]) shall not apply to any licensing activities required pursuant to section 202(5) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection (a).”
Applicability of Occupational Safety and Health Requirements to Activities Under License

Pub. L. 105–261, div. C, title XXXI, § 3134(c),Oct. 17, 1998, 112 Stat. 2247, provided that: “Any activities carried out under a license required pursuant to section 202(5) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection (a), shall be subject to regulation under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).”
Verbal Communications Between Commission Headquarters and Regional Offices and Licensed Utilization Facilities

Pub. L. 96–295, title III, § 305(a),June 30, 1980, 94 Stat. 790, provided that: “As expeditiously as practicable, the Nuclear Regulatory Commission shall establish a mechanism for instantaneous and uninterrupted verbal communication between each utilization facility licensed to operate under section 103 orsection 104 b. of the Atomic Energy Act of 1954 [section 2133 or 2134 (b) of this title] on the date of enactment of this Act [June 30, 1980], or thereafter, and
“(1) Commission headquarters, and
“(2) the appropriate Commission regional office.”
Study of Extension of Licensing and Regulatory Authority of Commission; Report to Congress

Pub. L. 95–601, § 12,Nov. 6, 1978, 92 Stat. 2953, directed Commission, in cooperation with Department of Energy, to conduct a study of extending the Commission’s licensing or regulatory authority to include categories of existing and future Federal radioactive waste storage and disposal activities not presently subject to such authority, and on or before Mar. 1, 1979, to submit a report to Congress containing results of study, which report was to include a complete listing and inventory of all radioactive waste storage and disposal activities being conducted or planned by Federal agencies.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


10 CFR - Energy

10 CFR Part 20 - STANDARDS FOR PROTECTION AGAINST RADIATION

10 CFR Part 26 - FITNESS FOR DUTY PROGRAMS

10 CFR Part 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

10 CFR Part 31 - GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL

10 CFR Part 36 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR IRRADIATORS

10 CFR Part 39 - LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL LOGGING

10 CFR Part 40 - DOMESTIC LICENSING OF SOURCE MATERIAL

10 CFR Part 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES

10 CFR Part 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS

10 CFR Part 52 - LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER PLANTS

10 CFR Part 54 - REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS

10 CFR Part 55 - OPERATORS' LICENSES

10 CFR Part 60 - DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES

10 CFR Part 61 - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

10 CFR Part 63 - DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA

10 CFR Part 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

10 CFR Part 71 - PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

10 CFR Part 72 - 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 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL

10 CFR Part 76 - CERTIFICATION OF GASEOUS DIFFUSION PLANTS

10 CFR Part 100 - REACTOR SITE CRITERIA

10 CFR Part 140 - FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS

 

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