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8962.3 Byproduct material.

(a) For purposes of this part, the term byproduct material means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(b) For purposes of determining the applicability of the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) to any radioactive waste substance owned or produced by the Department of Energy pursuant to the ex

ercise of its atomic energy research, development, testing and production responsibilities under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the words “any radioactive material," as used in paragraph (a) of this section, refer only to the actual radionuclides dispersed or suspended in the waste substance. The nonradioactive hazardous component of the waste substance will be subject to regulation under the Resource Conservation and Recovery Act. tion)

CHAPTER X-DEPARTMENT OF ENERGY

(GENERAL PROVISIONS)

Page

Part 1000

547 550

1002 1003

552 570

1004 1005

584

587

1008 1009

1010 1013 1014

603 605 606

1015 1016 1017

Transfer of proceedings to the Secretary of Energy

and the Federal Energy Regulatory Commission
Official seal and distinguishing flag ....
Office of Hearings and Appeals procedural regula-

tions
Freedom of information
Intergovernmental review of Department of En-

ergy programs and activities
Records maintained on individuals (Privacy Act) ..
General policy for pricing and charging for mate-

rials and services sold by DOE
Conduct of employees
Program fraud civil remedies and procedures
Administrative claims under Federal Tort Claims

Act .......
Collection of claims owed the United States
Safeguarding of restricted data .......
Identification and protection of unclassified con-

trolled nuclear information
Referral of debts to IRS for tax refund offset
National Environmental Policy Act implementing

procedures
Compliance with floodplain/wetlands environ-

mental review requirements
Contract appeals ...
Procedures for financial assistance appeals
Governmentwide debarment and suspension (non-

procurement) and governmentwide requirements

for drug-free workplace (grants) ......
Uniform relocation assistance and real property

acquisition for Federal and federally assisted

programs
Nondiscrimination in federally assisted programs

622 625 632

640 652

1018 1021

653

1022

1023 1024 1036

679 684 701

705

1039

727 727

1040

Page

Part 1041

1045 1046 1047

770 776 790

801

1048

Enforcement of nondiscrimation on the basis of

handicap in programs or activities conducted by

the Department of Energy
Nuclear classification and declassification
Physical protection of security interests
Limited arrest authority and use of force by pro-

tective force officers
Trespassing on Strategic Petroleum Reserve facili-

ties and other property
Limited arrest authority and use of force by pro-

tective force officers of the Strategic Petroleum

Reserve .....
Foreign gifts and decorations
Payment of travel expenses of persons who are not

Government employees

804

1049

805 808

1050 1060

818

are

PART 1000-TRANSFER OF PRO- (7) All applications for modification

CEEDINGS TO THE SECRETARY OF or rescission of any DOE order or interENERGY AND THE FEDERAL EN- pretation which have been filed pursuERGY REGULATORY COMMIS

ant to 10 CFR part 205, subpart J, and SION

on which no order has been issued prior to October 1, 1977, with the Office of

Exceptions and Appeals of the Federal 81000.1 Transfer of proceedings.

Energy Administation; (a) Scope. This part establishes the

NOTE: For a document relating to procetransfer of proceedings pending with

dures for natural gas import and export proregard to those functions of various

ceedings see 42 FR 61856, Dec. 7, 1977. agencies which have been consolidated in the Department of Energy and iden

(8) All applications for temporary tifies those proceedings which

stays and stays which have been filed transferred into the jurisdiction of the

pursuant to 10 CFR part 205, subpart I, Secretary and those which are trans

and on which no order has been issued, ferred into the jurisdiction of the Fed

with the Office of Exceptions and Aperal Energy Regulatory Commission.

peals of the Department of Energy; (b) Proceedings transferred to the Sec

(9) All applications which have been retary. The following proceedings are

filed with the Office of Regulatory Protransferred to the Secretary:

grams of the Department of Energy (1) All Notices of Proposed Rule

and on which no final order has been making, pending and outstanding,

issued; which have been proposed by the De

(10) All investigations which have partment of Energy and the Depart

been instituted and have not been rement of Energy;

solved by the Office of Compliance of (2) All Notices of Inquiry which have

the Department of Energy; been issued by the Department of En

(11) All Notices of Probable Violation ergy;

which have been issued prior to Octo(3) All Requests for Interpretations

ber 1, 1977, by the Office of Compliance which have been filed pursuant to 10

of Department of Energy; CFR part 205, subpart F, and on which (12) All Notices of Proposed Disallowno interpretation has been issued, with ance which have been issued prior to the Office of General Counsel of the De- October 1, 1977, by the Office of Complipartment of Energy;

ance of Department of Energy; (4) All Applications for Exception Re

(13) All Prohibition Orders which lief which have been filed pursuant to

have been issued pursuant to 10 CFR 10 CFR part 205, subpart D, and on part 303 and as to which no Notice of which no final decision and order has Effectiveness has been issued; been issued, with the Office of Excep- (14) From the Department of the Intions and Appeals of the Department of terior: Energy;

(i) The tentative power rate adjust(5) All petitions for special redress, ments for the Central Valley Project, relief or other extraordinary assistance California, proposed on September 12, which have been filed pursuant to 10 1977 (42 FR 46619, September 16, 1977). CFR part 205, subpart R, and on which (15) From the Interstate Commerce no order has been issued, with the Of- Commission: fice of Private Grievances and Redress (i) Ex Parte No. 308 (Sub-No. 1)Inof the Department of Energy;

vestigation of Common Carrier Pipe(6) All appeals from Remedial Orders, lines. Exception Decisions and Orders, Inter- (16) From the Federal Power Compretations issued by the Office of Gen- mission: eral Counsel, and other agency orders (i) Cases: which have been filed pursuant to 10 (A) Northwest Pipeline Corporation, CFR part 205, subpart H, and on which Docket No. CP75-340. no order has been issued prior to Octo- (B) Midwestern Gas Transmission ber 1, 1977, with the Office of Excep- Co., Docket No. CP77-458, et al. tions and Appeals of the Department of (C) St. Lawrence Gas Company, Energy;

Docket No. G-17500.

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