[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.62]

[Page 504]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                       Subpart E_Exemption Relief
 
Sec. 820.62  Criteria.

    The criteria for granting an exemption to a DOE Nuclear Safety 
Requirement are determinations that the exemption:
    (a) Would be authorized by law;
    (b) Would not present an undue risk to public health and safety, the 
environment, or facility workers;
    (c) Would be consistent with the safe operation of a DOE nuclear 
facility; and
    (d) Involves special circumstances, including the following:
    (1) Application of the requirement in the particular circumstances 
conflicts with other requirements; or
    (2) Application of the requirement in the particular circumstances 
would not serve or is not necessary to achieve its underlying purpose, 
or would result in resource impacts which are not justified by the 
safety improvements; or
    (3) Application of the requirement would result in a situation 
significantly different than that contemplated when the requirement was 
adopted, or that is significantly different from that encountered by 
others similarly situated; or
    (4) The exemption would result in benefit to human health and safety 
that compensates for any detriment that may result from the grant of the 
exemption; or
    (5) Circumstances exist which would justify temporary relief from 
application of the requirement while taking good faith action to achieve 
compliance; or
    (6) There is present any other material circumstance not considered 
when the requirement was adopted for which it would be in the public 
interest to grant an exemption.