Facilities That May be Subject to Both NRC and DHS Security Regulations Sample Clauses

Facilities That May be Subject to Both NRC and DHS Security Regulations. At a number of facilities subject to NRC regulation, the NRC security requirements are not applicable or are not required to be implemented in all areas of the facility. The areas of such facilities subject to NRC security regulations shall be exempt from the CFATS rule. The areas of the facility subject to NRC security requirements are those areas in which the licensee has implemented additional security measures (and hence have significant security requirements), as described in Section 5(b) of this MOU, in response to orders or regulations issued by the NRC and are therefore exempt from CFATS regulations. DHS and the NRC agree that an area of such a facility in which NRC security requirements are not imposed and implemented, as determined on a case-by-case basis by DHS in consultation with the NRC, may be subject to DHS security regulations under the CFATS rule if DHS determines that such areas present high levels of chemical security risk. In such circumstances, the NRC will consult with the relevant Agreement State, as appropriate, to help inform the final determination, made by DHS in consultation with the NRC, on which areas are subject to NRC regulations and are therefore exempt from CFATS regulation. These facilities may include the following: • research and test reactors and nonpower reactors (licensed under 10 CFR Part 50) • manufacturers and distributors (licensed under 10 CFR Part 32, “Specific Domestic Licenses To Manufacture or Transfer Certain Items Containing Byproduct Material”) and possessors of large irradiators (licensed under 10 CFR Part 36, “Licenses and Radiation Safety Requirements for Irradiators”) that are subject to additional security measures imposed under common defense and security as specified in the Atomic Energy Act of 1954, if those measures have been implemented • radioactive materials licensees (licensed under 10 CFR Part 33, “Specific Domestic Licenses of Broad Scope for Byproduct Material”; 10 CFR Part 34, “Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations”; 10 CFR Part 35, “Medical Use of Byproduct Material”; and 10 CFR Part 36) that have been issued increased control orders or license conditions to enhance security and that have implemented the enhanced security measures
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Related to Facilities That May be Subject to Both NRC and DHS Security Regulations

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