[Code of Federal Regulations]
[Title 10, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR95.11]

[Page 544-545]
 
                            TITLE 10--ENERGY
                  (This book contains parts 51 to 199)
 
          CHAPTER I--NUCLEAR REGULATORY COMMISSION (Continued)
 
PART 95_FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA--Table of Contents
 
Sec. 95.11  Specific exemptions.

    The NRC may, upon application by any interested person or upon its 
own initiative, grant exemptions from the requirements of the 
regulations of this part, that are--
    (a) Authorized by law, will not present an undue risk to the public 
health and safety, and are consistent with the common defense and 
security; or
    (b) Coincidental with one or more of the following:

[[Page 545]]

    (1) An application of the regulation in the particular circumstances 
conflicts with other rules or requirements of the NRC;
    (2) An application of the regulation in the particular circumstances 
would not serve the underlying purpose of the rule or is not necessary 
to achieve the underlying purpose of the rule;
    (3) When compliance would result in undue hardship or other costs 
that are significantly in excess of those contemplated when the 
regulation was adopted, or that are significantly in excess of those 
incurred by others similarly situated;
    (4) When the exemption would result in benefit to the common defense 
and security that compensates for any decrease in security that may 
result from the grant of the exemption;
    (5) When the exemption would provide only temporary relief from the 
applicable regulation and the licensee or applicant has made good faith 
efforts to comply with the regulation;
    (6) When there is any other material circumstance not considered 
when the regulation was adopted for which it would be in the public 
interest to grant an exemption. If such a condition is relied on 
exclusively for satisfying paragraph (b) of this section, the exemption 
may not be granted until the Executive Director for Operations has 
consulted with the Commission.

[64 FR 15650, Apr. 1, 1999]