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(3) The first part of the test is de- 8840.2 Procedures. signed so that DOE can assure itself

(a) DOE may initiate, on its own mothat something exceptional has oc

tion, the making of a determination as curred; that something untoward and

to whether or not there has been an exunexpected has in fact taken place and

traordinary nuclear occurrence. In the that this event is of sufficient signifi

event DOE does not so initiate the cance to raise the possibility that some

making of a determination, any afdamage to persons or property offsite

fected person, or any person with has resulted or may result. If there ap

whom an indemnity agreement is exepears to be no damage, the waivers will cuted may petition DOE for a deternot apply because DOE will be unable, mination of whether or not there has under the second part of the test, to been an extraordinary nuclear occurmake a determination that “substan- rence. If DOE does not have, or does tial damages" have resulted or will not expect to have, within 7 days after probably result. If damages have re- it has received notification of an alsulted or will probably result, they leged event, enough information availcould vary from de minimis to serious, able to make a determination that and the waivers will not apply until there has been an extraordinary nuthe damages, both actual and probable, clear occurrence, DOE will publish & are determined to be “substantial" notice in the FEDERAL REGISTER setwithin the second part of the test.

ting forth the date and place of the al(4) The presence or absence of an ex

leged event and requesting any persons traordinary nuclear occurrence deter

having knowledge thereof to submit mination does not concomitantly de

their information to DOE. termine whether or not a particular

(b) When a procedure is initiated claimant will recover on his claim. In

under paragraph (a) of this section, the effect, it is intended primarily to de

principal staff which will begin imme

diately to assemble the relevant infortermine whether certain potential obstacles to recovery are to be removed

mation and prepare a report on which

the DOE can make its determination from the route the claimant would or

will consist of the Directors or their dinarily follow to seek compensation

designees of the following Divisions or for his injury or damage. If there has

Offices: Office of Nuclear Safety, Office not been an extraordinary nuclear oc

of Operational Safety, Office of Health currence determination, the claimant

and Environmental Research, the Genmust proceed (in the absence of settle

eral Counsel or his designee, and a repment) with a tort action subject to resentative of the program division whatever issues must be met, and whose facility or device may be inwhatever defenses are available to the volved. defendant, under the law applicable in the relevant jurisdiction. If there has 8840.3 Determination of extraordinary been an extraordinary nuclear occur

nuclear occurrence. rence determination, the claimant If the DOE determines that both of must still proceed (in the absence of the criteria set forth in 8840.4 and settlement) with a tort action, but the $840.5 have been met, it will make the claimant's burden is substantially determination that there has been an eased by the elimination of certain is- extraordinary nuclear Occurrence. If sues which may be involved and certain the DOE publishes a notice in the FEDdefenses which may be available to the ERAL REGISTER in accordance with defendant. In either case the defendant 8840.2(a) and does not make a determay defend with respect to such of the mination within 90 days thereafter following matters as are in issue in any

that there has been an extraordinary given claim: the nature of the claim

nuclear occurrence, the alleged event ant's alleged damages, the causal rela

will be deemed not to be an extraortionship between the event and the al

dinary nuclear occurrence. The time

for the making of a determination may leged damages, and the amount of the

be extended by DOE by notice puballeged damages.

lished in the FEDERAL REGISTER.

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$840.4 Criterion Substantial dis.

charge of radioactive material or substantial radiation levels offsite. DOE will determine that there has been a substantial discharge or dispersal of radioactive material offsite, or that there have been substantial levels of radiation offsite, when as a result of an event comprised of one or more related happenings, radioactive material is released from its intended place of confinement or radiation levels occur offsite and either of the following findings are also made:

(a) DOE finds that one or more persons offsite were, could have been, or might be exposed to radiation or to radioactive material, resulting in a dose or in a projected dose in excess of one of the levels in the following table:

TOTAL PROJECTED RADIATION DOSES

40 millirads/hour 1 | 4 millirads/hour 1

cm (measured cm (measured through not

through not more than 7 mit more than 7 milligrams per

ligrams per square centi

square centimeter of total meter of total absorber).

absorber).

1 The maximum levels (above background), observed or proiected, 8 or more hours after initial deposition.

Contiguous to site, owned or leased by person with whom an indemnity agreement is executed.

(49 FR 21473, May 21, 1984; 49 FR 24374, June 13, 1984)

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Exposures from the following types of sources of radiation shall be included:

(1) Radiation from sources external to the body;

(2) Radioactive material that may be taken into the body from its occurrence in air or water; and

(3) Radioactive material that may be taken into the body from its occurrence in food or on terrestrial surfaces. (b) DOE finds that

(1) Surface contamination of at least a total of any 100 square meters of offsite property has occurred as the result of a release of radioactive material trom a production or utilization facility or device and such contamination is characterized by levels of radiation in excess of one of the values listed in column 1 or column 2 of the following table, or

(2) Surface contamination of any offsite property has occurred as the result of a release of radioactive material in the course of transportation and such contamination is characterized by lev. els of radiation in excess of one of the values listed in column 2 of the follow ing table:

8840.5 Criterion I–Substantial dam

ages to persons offsite or property

ofisite. (a) After DOE has determined that an event has satisfied Criterion I, DOE will determine that the event has resulted or will probably result in substantial damages to persons offsite or property offsite if any of the following findings are made:

(1) DOE finds that such event has resulted in the death or hospitalization, within 30 days of the event, of five or more people located offsite showing objective clinical evidence of physical injury from exposure to the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material; or

(2) DOE finds that $2,500,000 or more of damage offsite has been or will probably be sustained by any one person, or $5 million or more of such damage in the aggregate has been or will probably be sustained, as the result of such event; or

(3) DOE finds that $5,000 or more of damage offsite has been or will probably be sustained by each of 50 or more persons, provided that $1 million or more of such damage in the aggregate has been or will probably be sustained, as the result of such event.

(b) As used in paragraphs (a) (2) and (3) of this section “damage" shall be that arising out of or resulting from the radioactive, toxic, explosive, or 8860.3 Trespass.

Unauthorized entry upon any facility, installation or real property subject to this part is prohibited.

other hazardous properties of source, special nuclear, or byproduct material, and shall be based upon estimates of one or more of the following:

(1) Total cost necessary to put affected property back into use.

(2) Loss of use of affected property.

(3) Value of affected property where not practical to restore to use.

(4) Financial loss resulting from protective actions appropriate to reduce or avoid exposure to radiation or to radioactive materials.

8860.4 Unauthorized introduction of

weapons or dangerous materials. Unauthorized carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any facility, installation or real property subject to this part, is prohibited.

PART 860-TRESPASSING ON DEPARTMENT OF ENERGY PROPERTY

Sec. 860.1 Purpose. 860.2 Scope. 860.3 Trespass. 860.4 Unauthorized introduction of weapons

or dangerous materials. 860.5 Violations and penalties. 860.6 Posting. 860.7 Effective date of prohibition on des

ignated locations. 860.8 Applicability of other laws.

AUTHORITY: Sec. 161, 68 Stat. 948, sec. 229, 70 Stat. 1070; (42 U.S.C. 2201; 2278a); sec. 104. 88 Stat. 1237, sec. 105, 88 Stat. 1238 (42 U.S.C. 5814, 5815); sec. 5, Pub. L. 100–185, 101 Stat. 1279 (18 U.S.C. 3559); sec. 6, Pub. L. 100–185, 101 Stat. 1280 (18 U.S.C. 3571); sec. 7041, Pub. L. 100-690, 102 Stat. 4899 (18 U.S.C. 3559).

SOURCE: 58 FR 47985, Sept. 14, 1993, unless otherwise noted.

8860.5 Violations and penalties.

(a) Whoever willfully violates either 8 860.3 or $860.4 shall, upon conviction, be guilty of an infraction punishable by a fine of not more than $5,000.

(b) Whoever willfully violates either 8860.3 or $860.4 with respect to any facility, installation or real property enclosed by a fence, wall, floor, roof, or other structural barrier shall upon conviction, be guilty of a Class A misdemeanor punishable by a fine not to exceed $100,000 or imprisonment for not more than one year, or both.

8860.1 Purpose.

The regulations in this part are issued for the protection and security of facilities, installations and real prop erty subject to the jurisdiction or administration, or in the custody of, the Department of Energy.

§ 860.6 Posting.

Notices stating the pertinent prohibitions of $$ 860.3 and 860.4 and penalties of $860.5 will be conspicuously posted at all entrances of each designated facility, installation or parcel of real property and at such intervals along the perimeter as will provide reasonable assurance of notice to persons about to enter. & 8860.7 Effective date of prohibition on

designated locations. The prohibitions in 88 860.3 and 860.4 shall take effect as to any facility, installation or real property on publication in the FEDERAL REGISTER of the notice designating the facility, installation or real property and posting in accordance with 8860.6.

8860.2 Scope.

The regulations in this part apply to all facilities, installations and real property subject to the jurisdiction or administration of the Department of Energy or in its custody which have been posted with a notice of the prohibitions and penalties set forth in this part.

8860.8 Applicability of other laws.

Nothing in this part shall be construed to affect the applicability of the

provisions of State or other Federal while using any roadway for purposes laws.

of travel.

(g) Vehicle means every device in, PART 861-CONTROL OF TRAFFIC upon or by which any person or propAT NEVADA TEST SITE

erty is or may be transported or drawn

upon a roadway, excepting devices Sec.

moved by human power or used exclu861.1 Purpose.

sively upon stationary rails or tracks. 861.2 Scope. 861.3 Definitions.

8861.4 Use of site streets. 861.4 Use of site streets. 861.5 Penalties.

All persons using the streets of the 861.6 Posting and distribution.

Nevada Test Site shall do so in a care861.7 Applicability of other laws.

ful and safe manner.

(a) The Nevada Test Site Traffic RegAPPENDIX A TO PART 861-PERIMETER DE

ulations supplement this section by SCRIPTION OF DOE'S NEVADA TEST SITE

identifying the specific traffic requireAUTHORITY: 62 Stat. 281, as amended; sec.

ments relating to such matters as: 103, 63 Stat. 380, as amended, sec. 205, 63 Stat.

(1) Enforcement and obedience to 389; sec. 161, 68 Stat. 948, as amended, sec. 1, 81 Stat. 54; 40 U.S.C. 318; 42 U.S.C. 2201; 5

Traffic Regulations, including the auU.S.C. 552; Federal Property Management

thority of police officers and traffic Regulations T.R. D-11, 34 FR 1997, and Dele

regulations, and responsibility to regation of Authority to Manager, Nevada Op port accidents. erations Office.

(2) Traffic signs, signals, and markSOURCE: 41 FR 56788, Dec. 30, 1976, unless ings, including required compliance otherwise noted.

with traffic lanes and traffic control

devices, and prohibitions on display of 8861.1 Purpose.

unauthorized traffic signs, signals, or The regulations in this part are de marking or interference with authorsigned to facilitate the control of traf ized traffic control devices. fic at the Nevada Test Site.

(3) Speeding or driving under the in

fluence of intoxicating liquor or drugs, 8861.2 Scope.

including prohibitions on reckless drivThis part applies to all persons who ing, and promulgation of maximum use the streets of the Nevada Test Site. permissible speeds.

(4) Turning movements, including re$861.3 Definitions.

quired position and method of turning As used in this part:

at intersections, limitations on turning (a) DOE means the Department of around, and obedience to turning Energy.

markers and no-turn signs. (b) Nevada Test Site means DOE's Ne (5) Stopping and yielding, including vada Test Site located in Nye County, obedience to stop and yield signs, reNev. A perimeter description is at quirements, when entering stop or tached as Appendix A to this part.

yield intersections, emerging from (c) Nevada Test Site Traffic Regulations alleys, driveways, or buildings, opermeans the traffic directives promul ation of vehicles on approach of augated by the Manager of the Nevada thorized emergency vehicles and stops Operations Office pursuant to $861.4. when traffic is obstructed. (d) Person means every natural per

(6) Pedestrians' rights and duties, inson, firm, trust partnership, associa- cluding pedestrian's right-of-way in tion or corporation.

crosswalks, when a pedestrian must (e) Street means the entire width be yield, required use or right half of tween the boundary lines of every way crosswalks and requirements concernwhen any part thereof is open to the ing walking along roadways and prouse of those admitted to the Nevada hibited pedestrian crossings. Test Site for purposes of vehicular (7) Parking, stopping, and standing, travel.

specifying when parking, stopping, and (1) Traffic means pedestrians, ridden standing are prohibited, including speor herded animals, vehicles, and other cial provisions applicable to buses, reconveyances, either singly or together, quirements that parking not obstruct

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traffic and be close to curb, and concerning lamps on parked vehicles.

(8) Privileges of drivers of authorized emergency vehicles, including exemp tions from parking and standing, stop ping, speeding and turning limitations, under specified circumstances and within specified limitations.

(9) Miscellaneous driving rules, including requirements for convoys, and limitations on backing, opening and closing vehicle doors, following fire ap paratus, crossing a fire hose, driving through a safety zone, through convoys, on sidewalks or shoulders of roadways, boarding or alighting from vehicles, passing a bus on the right, and unlawful riding.

(b) The Nevada Test Site Traffic Regulations, when posted and distributed as specified in $861.6, shall have the same force and effect as if made a part hereof.

8861.5 Penalties.

Any person doing any act forbidden or failing to do any act required by the Nevada Test Site Traffic Regulations shall, upon conviction, be punishable by a fine of not more than $50 or imprisonment for not more than 30 days, or both.

Beginning at the northwesterly corner of the

tract of land hereinafter described, said corner being at latitude 37°20'45", longitude

116°34 20"; Thence easterly approximately 6.73 miles, to

a point at latitude 37°20'45" longitude

116°27'00"; Thence northeasterly approximately 4.94 miles to a point at latitude 37°23'07", lon

gitude 116°22'30"; Thence easterly approximately 4.81 miles to a point at latitude 37°23'07", longitude

116°17'15"; Thence southeasterly approximately 6.77 miles to a point at latitude 37°1947", lon

gitude 116°11'10"; Thence southerly approximately 5.27 miles

to a point at latitude 37°15'12.043", longitude 116°11'10"; Thence easterly approximately 14.21 miles to

& point at latitude 37°15'07.268", longitude

115°55'42.288"; Thence southerly approximately 39.52 miles

to a point at latitude 36°40'43.752", lon

gitude 115°55-37.687"; Thence westerly approximately 2.87 miles to

a point at latitude 36°40 40.227", longitude

115°58'43.956"; Thence southerly approximately 5.23 miles

to a point at latitude 36°36'07.317", longitude 115°58'41.227"; Thence southwesterly along a perimeter dis

tance approximately 5.82 miles to a point at latitude 36°34'39.754", longitude

116°04'11.167"; Thence northerly approximately 3.20 miles

to a point at latitude 36°37'26.804", lon

gitude 116°04'11.355"; Thence northwesterly approximately 5.16 miles to a point at latitude 36°40 28.854",

longitude 116°0817.749"; Thence westerly approximately 8.63 miles to

a point at latitude 36°40'23.246", longitude 116°17'37.466"'; Thence southerly approximately 0.19 mile to

a point at latitude 36°40'13.330", longitude

116°17'37.461"; Thence westerly approximately 8.49 miles to

a point at latitude 36°4013.666", longitude

116°26' 47.915"; Thence northerly approximately 32.87 miles to a point at latitude 37°08'50”, longitude

116°26'44.125"; Thence northwesterly approximately 15.37 miles to a point at latitude 37°20'45", longitude 116°34'20”, the point of beginning

herein. (41 FR 56788, Dec. 30. 1978, as amended at 44 FR 37939, June 29, 1979)

8861.6 Posting and distribution.

Notices including the provisions of the Nevada Test Site Traffic Regulations will be conspicuously posted at the Nevada Test Site. Such other distribution of the Nevada Test Site Regulations will be made by the Manager as will provide reasonable assurance of notice to persons subject to the regulations.

8861.7 Applicability of other laws.

Nothing in this part shall be construed to affect the applicability of the provisions of State laws or of other Federal laws.

APPENDIX A TO PART 861—-PERIMETER

DESCRIPTION OF DOE'S NEVADA
TEST SITE

The Nevada Test Site, containing approximately 858,764 acres located in Nye County, Nev., is described as follows:

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