Tenn. Comp. R. & Regs. 0400-20-10-.06 - EXEMPTIONS: US DEPARTMENT OF ENERGY AND US NUCLEAR REGULATORY COMMISSION

Any contractor or subcontractor of the U.S. Department of Energy (DOE) or the U.S. Nuclear Regulatory Commission (NRC) of the following categories operating within this State is exempt from these regulations to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers or acquires sources of radiation:

(1) Prime contractors performing work for DOE at U.S. Government-owned or controlled sites including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruption of such transportation;

⁵ Authority to transfer possession or control by the manufacturer, processor or producer of any equipment, device, commodity, or other product containing radioactive material, whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the U.S. Nuclear Regulatory Commission, Washington, DC 20555.

(2) Prime contractors of DOE performing research in, or development, manufacture, storage, testing or transportation of atomic weapons or components thereof;

(3) Prime contractors of DOE using or operating nuclear reactors or other nuclear devices in the U.S. Government-owned vehicle or vessel; and

(4) Any other prime contractor or subcontractor of DOE or NRC when the State and NRC jointly determine that:

(a) Under the terms of the contract or subcontract, there is assurance that the work thereunder can be accomplished with protection of the public health and safety; and

(b) The exemption of such contractor or subcontractor is authorized by law.

Notes

Tenn. Comp. R. & Regs. 0400-20-10-.06

Original rule filed February 22, 2012; effective May 22, 2012.

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.