Part 12 CHAPTER I-NUCLEAR REGULATORY COMMISSION Statement of organization and general information Nondiscrimination in Federally assisted Commis 4 sion programs 9 7880 Advisory committees Interpretations Public records 10 Page 5 16 136 167 177 183 Criteria and procedures for determining eligibility Implementation of the Equal Access to Justice Act 212 225 232 Program fraud civil remedies 238 14 Administrative claims under Federal Tort Claims Act.... 254 Debt collection procedures 260 Salary offset procedures for collecting debts owed 270 spection and investigations 274 Standards for protection against radiation Rules of general applicability to domestic licens- 426 3338 General domestic licenses for byproduct material .. Specific domestic licenses of broad scope for by- 461 469 499 Part Page 34 Licenses for industrial radiography and radiation 503 EDITORIAL NOTE: Chapter I-Nuclear Regulatory Commission is continued in the volume containing 10 CFR parts 51 to 199. Subpart C-NRC Seal and Flag 1.51 Description and custody of NRC seal. 1.53 Use of NRC seal or replicas. 1.55 Establishment of official NRC flag. 1.57 Use of NRC flag. 1.59 Report of violations. AUTHORITY: Sec. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980. SOURCE: 52 FR 31602, Aug. 21, 1987, unless otherwise noted. Subpart A-Introduction §1.1 Creation and authority. (a) The Nuclear Regulatory Commission was established by the Energy Reorganization Act of 1974, as amended, Pub. L. 93-438, 88 Stat. 1233 (42 U.S.C. 5801 et seq.). This Act abolished the Atomic Energy Commission and, by section 201, transferred to the Nuclear Regulatory Commission all the licensing and related regulatory functions assigned to the Atomic Energy Commission by the Atomic Energy Act of 1954, as amended, Pub. L. 83-703, 68 Stat. 919 (42 U.S.C. 2011 et seq.). These functions included those of the Atomic Safety and Licensing Board Panel. The Energy Reorganization Act became effective January 19, 1975 (E.O. 11834). (b) As used in this part: Commission means the five members of the Nuclear Regulatory Commission or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974, as amended. NRC means the Nuclear Regulatory Commission, the agency established by title II of the Energy Reorganization Act of 1974, as amended, comprising the members of the Commission and all offices, employees, and representatives authorized to act in any case or matter. [52 FR 31602, Aug. 21, 1987, as amended at 56 FR 29407, June 27, 1991] §1.3 Sources of additional information. (a) A statement of the NRC's organization, policies, procedures, assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission Manual and other elements of the NRC's Management Directives System, including local directives issued by Regional Offices. Letters/memoranda delegations of authority are also issued from time to time that have not yet been incorporated into the Manual, parts of which are republished periodically. Copies of the Manual and other delegations of authority are available for public inspection and copying for a fee at the NRC Public Document Room, 2120 L Street, NW., Washington, DC, and at each of NRC's Regional Offices. Information may also be obtained from the Office of Public Affairs or from Public Affairs Officers at the Regional Offices. In addition, "NRC Functional Organization Charts" (NUREG-0325) contains detailed descriptions of the functional responsibilities of NRC's offices. It is revised annually and is available for public inspection at the NRC Public Document Room or for purchase from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082; or from the National Technical Information Service, Springfield, VA 22161. (b) Commission meetings are open to the public, as provided by the Government in the Sunshine Act, unless they fall within an exemption to the Act's openness requirement and the Commission also has determined that the public interest requires that those particular meetings be closed. Information concerning Commission meetings may be obtained from the Office of the Secretary. (c) Information regarding the availability of NRC records under the Freedom of Information Act and the Privacy Act of 1974 may be obtained from the Division of Freedom of Information and Publications Services, Office of Administration. NRC's regulations are published in the FEDERAL REGISTER and codified in title 10, chapter I, of the Code of Federal Regulations. They are also published in looseleaf form as "NRC Rules and Regulations," and available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082. Final opinions made in the adjudication of cases are published in "Nuclear Regulatory Commission Issuances," and available on a subscription basis from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. [52 FR 31602, Aug. 21, 1987, as amended at 53 FR 43419, Oct. 27, 1988; 53 FR 52993, Dec. 30, 1988; 54 FR 53313, Dec. 28, 1989; 57 FR 1639, Jan. 15, 1992] §1.5 Location of principal offices and Regional Offices. (a) The principal NRC offices are located in the Washington, DC, area. Facilities for the service of process and papers are maintained within the District of Columbia at 2120 L Street NW., and in the State of Maryland at 11555 Rockville Pike, Rockville, Maryland 20852-2738. The agency's official mailing address is U.S. Nuclear Regulatory Commission, Washington, DC 205550001. The locations of NRC offices in the Washington, DC area are as follows: (1) Gelman Building, 2120 L Street NW., Washington, DC 20037. (2) One White Flint North Building, 11555 Rockville Pike, Rockville, Maryland 20852-2738. (3) Two White Flint North Building, 11545 Rockville Pike, Rockville, Maryland 20852-2738. (b) The addresses of the NRC Regional Offices are as follows: (1) Region I, USNRC, 475 Allendale Road, King of Prussia, PA 19406-1415. (2) Region II, USNRC, Atlanta Federal Center, 61 Forsyth Street, SW., Suite 23T85, Atlanta, GA 30303. (3) Region III, USNRC, 801 Warrenville Road, Lisle, IL 60532-4351. (4) Region IV, USNRC, 611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011-8064. (5) USNRC Region IV Walnut Creek Field Office, 1450 Maria Lane, Suite 300, Walnut Creek, CA 94596-5368. [59 FR 63882, Dec. 12, 1994, as amended at 62 FR 22879, Apr. 28, 1997] Subpart B-Headquarters §1.11 The Commission. (a) The Nuclear Regulatory Commission, composed of five members, one of whom is designated by the President as Chairman, is established pursuant to section 201 of the Energy Reorganization Act of 1974, as amended. The Chairman is the principal executive officer of the Commission, and is responsible for the executive and administrative functions with respect to appointment and supervision of personnel, except as otherwise provided by the Energy Reorganization Act of 1974, as amended, and Reorganizaton Plan No. 1 of 1980 (45 FR 40561); distribution of business; use and expenditures of funds (except that the function of revising budget estimates and purposes is reserved to the Commission); and appointment, subject to approval of the Commission, of heads of major administrative units under the Commission. The Chairman is the official spokesman, as mandated by the Reorganization Plan No. 1 of 1980. The Chairman has ultimate authority for all NRC functions pertaining to an emergency involving an NRC Licensee. The Chairman's actions are governed by the general policies of the Commission. (b) The Commission is responsible for licensing and regulating nuclear facilities and materials and for conducting research in support of the licensing and regulatory process, as mandated by the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and the Nuclear Nonproliferation Act of 1978; and in accordance with the National Environmental Policy Act of 1969, as amended, and other applicable statutes. These responsibilities include protecting public health and safety, protecting the environment, protecting and safeguarding nuclear materials and nuclear power plants in the interest of national security, and assuring conformity with antitrust laws. Agency functions are performed through standards setting and rulemaking; technical reviews and studies; conduct of public hearings; issuance of authorizations, permits, and licenses; inspection, investigation, and enforcement; evaluation of operating experience; and confirmatory re search. The Commission is composed of five members, appointed by the President and confirmed by the Senate. (c) The following staff units and officials report directly to the Commission: Atomic Safety and Licensing Board Panel, Office of the General Counsel, Office of the Secretary, Office of Commission Appellate Adjudication, Office of International Programs, and other committees and boards that are authorized or established specifically by the Act. The Advisory Committee on Reactor Safeguards and the Advisory Committee on Nuclear Waste also report directly to the Commission. (d) The Offices of Congressional Affairs and Public Affairs report directly to the Chairman. [52 FR 31602, Aug. 21, 1987, as amended at 57 FR 1639, Jan. 15, 1992; 59 FR 63882, Dec. 12, 1994] INSPECTOR GENERAL § 1.12 Office of the Inspector General. The Office of the Inspector General (a) Develops policies and standards that govern NRC's financial and management audit program; (b) Plans, directs, and executes the long-range, comprehensive audit program; (c) Conducts and reports on investigations and inquiries, as necessary, to ascertain and verify the facts with regard to the integrity of all NRC programs and operations; (d) Investigates possible irregularities or alleged misconduct of NRC employees and contractors; (e) Refers suspected or alleged criminal violations concerning NRC employees or contractors to the Department of Justice; (f) Reviews existing and proposed legislation and regulations for their impact on economy and efficiency in the administration of NRC's programs and operations; (g) Keeps the Commission and the Congress fully and currently informed, by means of semiannual and other reports, about fraud, abuse, and other serious deficiencies in NRC's programs and operations; and (h) Maintains liaison with audit and inspector general organizations and |