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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:2.0.1.1.9.1.106.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.1 Purpose and scope. | NRC | [69 FR 2280, Jan. 14, 2004] | This part prescribes rules governing the licensing (including issuance of a construction authorization) of the U.S. Department of Energy to receive and possess source, special nuclear, and byproduct material at a geologic repository operations area sited, constructed, or operated at Yucca Mountain, Nevada, in accordance with the Nuclear Waste Policy Act of 1982, as amended, and the Energy Policy Act of 1992. As provided in 10 CFR 60.1, the regulations in part 60 of this chapter do not apply to any activity licensed under another part of this chapter. This part also gives notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's or applicant's activities subject to this part, that they may be individually subject to NRC enforcement action for violation of § 63.11. | ||||
| 10:10:2.0.1.1.9.1.106.10 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.10 Completeness and accuracy of information. | NRC | (a) Information provided to the Commission by an applicant for a license or by a licensee, or information required by statute, or required by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee must be complete and accurate in all material respects. (b) The applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having, for the regulated activity, a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification must be provided to the Director of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, within 2 working days of identifying the information. This requirement is not applicable to information that is already required to be provided to the Commission by other reporting or updating requirements. | |||||
| 10:10:2.0.1.1.9.1.106.11 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.11 Deliberate misconduct. | NRC | (a) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not: (1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or (2) Deliberately submit to NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to NRC. (b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B. (c) For purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: (1) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor. | |||||
| 10:10:2.0.1.1.9.1.106.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.2 Definitions. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003; 74 FR 10828, Mar. 13, 2009] | As used in this part: Affected Indian Tribe means any Indian Tribe within whose reservation boundaries a repository for high-level radioactive waste or spent fuel is proposed to be located; or whose Federally-defined possessory or usage rights to other lands outside of the reservation's boundaries arising out of Congressionally-ratified treaties or other Federal law may be substantially and adversely affected by the location of the facility if the Secretary of the Interior finds, on the petition of the appropriate governmental officials of the Tribe, that the effects are both substantial and adverse to the Tribe. Barrier means any material, structure, or feature that, for a period to be determined by NRC, prevents or substantially reduces the rate of movement of water or radionuclides from the Yucca Mountain repository to the accessible environment, or prevents the release or substantially reduces the release rate of radionuclides from the waste. For example, a barrier may be a geologic feature, an engineered structure, a canister, a waste form with physical and chemical characteristics that significantly decrease the mobility of radionuclides, or a material placed over and around the waste, provided that the material substantially delays movement of water or radionuclides. Commencement of construction means clearing of land, surface or subsurface excavation, or other substantial action that would adversely affect the environment of a site. It does not include changes desirable for the temporary use of the land for public recreational uses, site characterization activities, other preconstruction monitoring and investigation necessary to establish background information related to the suitability of the Yucca Mountain site or to the protection of environmental values, or procurement or manufacture of components of the geologic repository operations area. Commission means the Nuclear Regulatory Commission or its duly authorized representatives. Containment means the confinement of radioactive waste within… | ||||
| 10:10:2.0.1.1.9.1.106.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.3 License required. | NRC | (a) DOE may not receive nor possess source, special nuclear, or byproduct material at a geologic repository operations area at the Yucca Mountain site except as authorized by a license issued by the Commission under this part. (b) DOE may not begin construction of a geologic repository operations area at the Yucca Mountain site unless it has filed an application with the Commission and has obtained construction authorization as provided in this part. Failure to comply with this requirement is grounds for denial of a license. | |||||
| 10:10:2.0.1.1.9.1.106.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.4 Communications and records. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003; 74 FR 62683, Dec. 1, 2009; 80 FR 74981, Dec. 1, 2015] | (a) Except as otherwise specified, in this part or in subpart J of part 2 of this chapter, all communications and reports concerning the regulations in this part and applications filed under them should be sent to the NRC as follows: (1) By mail addressed: ATTN: Document Control Desk; Director, Office of Nuclear Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; (2) By hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; ATTN: Document Control Desk: Director, Office of Nuclear Material Safety and Safeguards; or, (3) Where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html ; by e-mail to MSHD.Resource@nrc.gov ; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. (b) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform if the copy or microform is authenticated by authorized personnel and the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain ade… | ||||
| 10:10:2.0.1.1.9.1.106.5 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.5 Interpretations. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 90 FR 55632, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel is binding on the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:2.0.1.1.9.1.106.6 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.6 Exemptions. | NRC | The Commission may, upon application by DOE, any interested person, or upon its own initiative, grant an exemption from the requirements of this part if it determines that the exemption is authorized by law, does not endanger life nor property nor the common defense and security, and is otherwise in the public interest. | |||||
| 10:10:2.0.1.1.9.1.106.7 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.7 License not required for certain preliminary activities. | NRC | The requirement for a license set forth in § 63.3(a) is not applicable to the extent that DOE receives and possesses source, special nuclear, and byproduct material at a geologic repository at the Yucca Mountain site: (a) For purposes of site characterization; or (b) For use, during site characterization or construction, as components of radiographic, radiation monitoring, or similar equipment or instrumentation. | |||||
| 10:10:2.0.1.1.9.1.106.8 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.8 Information collection requirements: OMB approval. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 73 FR 78606, Dec. 23, 2008; 85 FR 65663, Oct. 16, 2020] IAEA Design Information Questionnaire forms | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501, et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0199. (b) The approved information collection requirements contained in this Part appear in §§ 63.6, 63.47, 63.62, 63.63, and 63.65. (c) In § 63.47, IAEA Design Information Questionnaire forms IAEA Design Information Questionnaire forms are approved under control number 3150-0056, and DOC/NRC Forms AP-1, AP-A, and associated forms are approved under control numbers 0694-0135. | ||||
| 10:10:2.0.1.1.9.1.106.9 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | A | Subpart A—General Provisions | § 63.9 Employee protection. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003; 72 FR 63974, Nov. 14, 2007; 73 FR 30459, May 28, 2008; 79 FR 66605, Nov. 10, 2014] | (a) Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant, against an employee, for engaging in certain protected activities, is prohibited. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment. The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act. (1) The protected activities include but are not limited to: (i) Providing the Commission, or his or her employer, information about alleged violations of either of the statutes named in paragraph (a) of this section or possible violations of requirements imposed under either of those aforementioned statutes; (ii) Refusing to engage in any practice made unlawful under either of the statutes named in paragraph (a) of this section, or under these requirements, if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the statutes named in paragraph (a) of this section; (v) Assisting or participating in, or is about to assist or participate in, these activities. (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation. (3) This section does not apply to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent), deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as amend… | ||||
| 10:10:2.0.1.1.9.10.117.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | J | Subpart J—Violations | § 63.171 Violations. | NRC | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued under those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued under the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | |||||
| 10:10:2.0.1.1.9.10.117.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | J | Subpart J—Violations | § 63.172 Criminal penalties. | NRC | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in this part 63 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in this part 63 that are not issued under sections 161b, 161i, or 161o for the purposes of Section 223 are as follows: §§ 63.1, 63.2, 63.5, 63.6, 63.7, 63.8, 63.15, 63.16, 63.21, 63.22, 63.23, 63.24, 63.31, 63.32, 63.33, 63.41, 63.42, 63.43, 63.45, 63.46, 63.51, 63.52, 63.61, 63.62, 63.63, 63.64, 63.65, 63.101, 63.102, 63.111, 63.112, 63.113, 63.114, 63.115, 63.121, 63.131, 63.132, 63.133, 63.134, 63.141, 63.142, 63.143, 63.153, 63.161, 63.171, 63.172, 63.201, 63.202, 63.203, 63.204, 63.301, 63.302, 63.303, 63.304, 63.305, 63.311, 63.312, 63.321, 63.322, 63.331, 63.332, 63.341, and 63.342. | |||||
| 10:10:2.0.1.1.9.11.117.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | K | Subpart K—Preclosure Public Health and Environmental Standards | § 63.201 Purpose and scope. | NRC | This subpart covers the storage of radioactive material by DOE in the Yucca Mountain repository and on the Yucca Mountain site. For the purposes of demonstrating compliance with this subpart, to the extent there may be any conflict with the requirements specified in this subpart and the requirements contained in Subparts A-J of this regulation, including definitions, the requirements in this subpart shall take precedence. | |||||
| 10:10:2.0.1.1.9.11.117.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | K | Subpart K—Preclosure Public Health and Environmental Standards | § 63.202 Definitions for Subpart K. | NRC | General environment means everywhere outside the Yucca Mountain site, the Nellis Air Force Range, and the Nevada Test Site. Member of the public means anyone who is not a radiation worker for purposes of worker protection. Radioactive material means matter composed of or containing radionuclides subject to the Atomic Energy Act of 1954, as amended (42 U.S.C. sec. 2014 et seq. ). Radioactive material includes, but is not limited to, high-level radioactive waste and spent nuclear fuel. Spent nuclear fuel means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. Storage means retention (and any associated activity, operation, or process necessary to carry out successful retention) of radioactive material with the intent or capability to readily access or retrieve such material. Yucca Mountain repository means the excavated portion of the facility constructed underground within the Yucca Mountain site. Yucca Mountain site means: (1) The site recommended by the Secretary of DOE to the President under section 112(b)(1)(B) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(b)(1)(B)) on May 27, 1986; or (2) The area under the control of DOE for the use of Yucca Mountain activities at the time of licensing, if the site designated under the Nuclear Waste Policy Act is amended by Congress prior to the time of licensing. | |||||
| 10:10:2.0.1.1.9.11.117.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | K | Subpart K—Preclosure Public Health and Environmental Standards | § 63.203 Implementation of Subpart K. | NRC | DOE must demonstrate that normal operations at the Yucca Mountain site will and do occur in compliance with this subpart before the Commission grants or continues a license for DOE to receive and possess radioactive material within the Yucca Mountain site. | |||||
| 10:10:2.0.1.1.9.11.117.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | K | Subpart K—Preclosure Public Health and Environmental Standards | § 63.204 Preclosure standard. | NRC | DOE must ensure that no member of the public in the general environment receives more than an annual dose of 0.15 mSv (15 mrem) from the combination of: (a) Management and storage (as defined in 40 CFR 191.2) of radioactive material that: (1) Is subject to 40 CFR 191.3(a); and (2) Occurs outside of the Yucca Mountain repository but within the Yucca Mountain site; and (b) Storage (as defined in § 63.202) of radioactive material inside the Yucca Mountain repository. | |||||
| 10:10:2.0.1.1.9.12.117.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.301 Purpose and scope. | NRC | This subpart covers the disposal of radioactive material in the Yucca Mountain repository by DOE. For the purposes of demonstrating compliance with this subpart, to the extent that there may be any conflict with the requirements specified in this subpart and the requirements contained in Subparts A-J of this part, including definitions, the requirements in this subpart shall take precedence. | |||||
| 10:10:2.0.1.1.9.12.117.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.302 Definitions for Subpart L. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 74 FR 10829, Mar. 13, 2009] | All definitions in subpart K of this part, and the following: Accessible environment means any point outside of the controlled area, including: (1) The atmosphere (including the atmosphere above the surface area of the controlled area); (2) Land surfaces; (3) Surface waters; (4) Oceans; and (5) The lithosphere. Aquifer means a water-bearing underground geological formation, group of formations, or part of a formation (excluding perched water bodies) that can yield a significant amount of groundwater to a well or spring. Controlled area means: (1) The surface area, identified by passive institutional controls, that encompasses no more than 300 square kilometers. It must not extend farther: (i) South than 36°40′13.6661″ North latitude, in the predominant direction of groundwater flow; and (ii) Than five kilometers from the repository footprint in any other direction; and (2) The subsurface underlying the surface area. Disposal means the emplacement of radioactive material into the Yucca Mountain disposal system with the intent of isolating it for as long as reasonably possible and with no intent of recovery, whether or not the design of the disposal system permits the ready recovery of the material. Disposal of radioactive material in the Yucca Mountain disposal system begins when all of the ramps and other openings into the Yucca Mountain repository are sealed. Groundwater means water that is below the land surface and in a saturated zone. Human intrusion means breaching of any portion of the Yucca Mountain disposal system, within the repository footprint, by any human activity. Passive institutional controls means: (1) Markers, as permanent as practicable, placed on the Earth's surface; (2) Public records and archives; (3) Government ownership and regulations regarding land or resource use; and (4) Other reasonable methods of preserving knowledge about the location, design, and contents of the Yucca Mountain disposal system. Peak dose means the highest annual dose projected to be rece… | ||||
| 10:10:2.0.1.1.9.12.117.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.303 Implementation of Subpart L. | NRC | [74 FR 10829, Mar. 13, 2009] | (a) Compliance is based upon the arithmetic mean of the projected doses from DOE's performance assessments for the period within 1 million years after disposal, with: (1) Sections 63.311(a)(1) and 63.311(a)(2); and (2) Sections 63.321(b)(1), 63.321(b)(2), and 63.331, if performance assessment is used to demonstrate compliance with either or both of these sections. (b) [Reserved] | ||||
| 10:10:2.0.1.1.9.12.117.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.304 Reasonable expectation. | NRC | Reasonable expectation means that the Commission is satisfied that compliance will be achieved based upon the full record before it. Characteristics of reasonable expectation include that it: (1) Requires less than absolute proof because absolute proof is impossible to attain for disposal due to the uncertainty of projecting long-term performance; (2) Accounts for the inherently greater uncertainties in making long-term projections of the performance of the Yucca Mountain disposal system; (3) Does not exclude important parameters from assessments and analyses simply because they are difficult to precisely quantify to a high degree of confidence; and (4) Focuses performance assessments and analyses on the full range of defensible and reasonable parameter distributions rather than only upon extreme physical situations and parameter values. | |||||
| 10:10:2.0.1.1.9.12.117.5 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.305 Required characteristics of the reference biosphere. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 74 FR 10829, Mar. 13, 2009] | (a) Features, events, and processes that describe the reference biosphere must be consistent with present knowledge of the conditions in the region surrounding the Yucca Mountain site. (b) DOE should not project changes in society, the biosphere (other than climate), human biology, or increases or decreases of human knowledge or technology. In all analyses done to demonstrate compliance with this part, DOE must assume that all of those factors remain constant as they are at the time of submission of the license application. (c) DOE must vary factors related to the geology, hydrology, and climate based upon cautious, but reasonable assumptions of the changes in these factors that could affect the Yucca Mountain disposal system during the period of geologic stability, consistent with the requirements for performance assessments specified at § 63.342. (d) Biosphere pathways must be consistent with arid or semi-arid conditions. | ||||
| 10:10:2.0.1.1.9.12.117.6 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.311 Individual protection standard after permanent closure. | NRC | [74 FR 10829, Mar. 13, 2009] | (a) DOE must demonstrate, using performance assessment, that there is a reasonable expectation that the reasonably maximally exposed individual receives no more than the following annual dose from releases from the undisturbed Yucca Mountain disposal system: (1) 0.15 mSv (15 mrem) for 10,000 years following disposal; and (2) 1.0 mSv (100 mrem) after 10,000 years, but within the period of geologic stability. (b) DOE's performance assessment must include all potential pathways of radionuclide transport and exposure. | ||||
| 10:10:2.0.1.1.9.12.117.7 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.312 Required characteristics of the reasonably maximally exposed individual. | NRC | The reasonably maximally exposed individual is a hypothetical person who meets the following criteria: (a) Lives in the accessible environment above the highest concentration of radionuclides in the plume of contamination; (b) Has a diet and living style representative of the people who now reside in the Town of Amargosa Valley, Nevada. DOE must use projections based upon surveys of the people residing in the Town of Amargosa Valley, Nevada, to determine their current diets and living styles and use the mean values of these factors in the assessments conducted for §§ 63.311 and 63.321; (c) Uses well water with average concentrations of radionuclides based on an annual water demand of 3000 acre-feet; (d) Drinks 2 liters of water per day from wells drilled into the groundwater at the location specified in paragraph (a) of this section; and (e) Is an adult with metabolic and physiological considerations consistent with present knowledge of adults. | |||||
| 10:10:2.0.1.1.9.12.118.8 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.321 Individual protection standard for human intrusion. | NRC | [74 FR 10829, Mar. 13, 2009] | (a) DOE must determine the earliest time after disposal that the waste package would degrade sufficiently that a human intrusion (see § 63.322) could occur without recognition by the drillers. (b) DOE must demonstrate that there is a reasonable expectation that the reasonably maximally exposed individual receives, as a result of the human intrusion, no more than the following annual dose: (1) 0.15 mSv (15 mrem) for 10,000 years following disposal; and (2) 1.0 mSv (100 mrem) after 10,000 years, but within the period of geologic stability. (c) DOE's analysis must include all potential environmental pathways of radionuclide transport and exposure, subject to the requirements of § 63.322. | ||||
| 10:10:2.0.1.1.9.12.118.9 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.322 Human intrusion scenario. | NRC | For the purposes of the analysis of human intrusion, DOE must make the following assumptions: (a) There is a single human intrusion as a result of exploratory drilling for groundwater; (b) The intruders drill a borehole directly through a degraded waste package into the uppermost aquifer underlying the Yucca Mountain repository; (c) The drillers use the common techniques and practices that are currently employed in exploratory drilling for groundwater in the region surrounding Yucca Mountain; (d) Careful sealing of the borehole does not occur, instead natural degradation processes gradually modify the borehole; (e) No particulate waste material falls into the borehole; (f) The exposure scenario includes only those radionuclides transported to the saturated zone by water (e.g., water enters the waste package, releases radionuclides, and transports radionuclides by way of the borehole to the saturated zone); and (g) No releases are included which are caused by unlikely natural processes and events. | |||||
| 10:10:2.0.1.1.9.12.119.10 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.331 Separate standards for protection of groundwater. | NRC | DOE must demonstrate that there is a reasonable expectation that, for 10,000 years of undisturbed performance after disposal, releases of radionuclides from waste in the Yucca Mountain disposal system into the accessible environment will not cause the level of radioactivity in the representative volume of groundwater to exceed the limits in the following Table 1: Table 1—Limits on Radionuclides in the Representative Volume | |||||
| 10:10:2.0.1.1.9.12.119.11 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.332 Representative volume. | NRC | (a) The representative volume is the volume of groundwater that would be withdrawn annually from an aquifer containing less than 10,000 milligrams of total dissolved solids per liter of water to supply a given water demand. DOE must project the concentration of radionuclides released from the Yucca Mountain disposal system that will be in the representative volume. DOE must use the projected concentrations to demonstrate a reasonable expectation that the Yucca Mountain disposal system complies with § 63.331. The DOE must make the following assumptions concerning the representative volume: (1) It includes the highest concentration level in the plume of contamination in the accessible environment; (2) Its position and dimensions in the aquifer are determined using average hydrologic characteristics which have cautious, but reasonable, values representative of the aquifers along the radionuclide migration path from the Yucca Mountain repository to the accessible environment as determined by site characterization; and (3) It contains 3,000 acre-feet of water (about 3,714,450,000 liters or 977,486,000 gallons). (b) DOE must use one of two alternative methods for determining the dimensions of the representative volume. The DOE must propose its chosen method, and any underlying assumptions, to NRC for approval. (1) DOE may calculate the dimensions as a well-capture zone. If DOE uses this approach, it must assume that the: (i) Water supply well(s) has (have) characteristics consistent with public water supply wells in the Town of Amargosa Valley, Nevada, for example, well-bore size and length of the screened intervals; (ii) Screened interval(s) include(s) the highest concentration in the plume of contamination in the accessible environment; and (iii) Pumping rates and the placement of the well(s) must be set to produce an annual withdrawal equal to the representative volume and to tap the highest concentration within the plume of contamination. (2) DOE may calculate the dimensions as a slice of the plume. If DOE… | |||||
| 10:10:2.0.1.1.9.12.120.12 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.342 Limits on performance assessments. | NRC | [74 FR 10829, Mar. 13, 2009] | (a) DOE's performance assessments conducted to show compliance with §§ 63.311(a)(1), 63.321(b)(1), and 63.331 shall not include consideration of very unlikely features, events, or processes, i.e. , those that are estimated to have less than one chance in 100,000,000 per year of occurring. In addition, DOE's performance assessments need not evaluate the impacts resulting from any features, events, and processes or sequences of events and processes with a higher chance of occurring if the results of the performance assessments would not be changed significantly in the initial 10,000-year period after disposal. (b) For performance assessments conducted to show compliance with §§ 63.321(b)(1) and 63.331, DOE's performance assessments shall exclude the unlikely features, events, and processes, or sequences of events and processes, i.e. , those that are estimated to have less than one chance in 100,000 per year of occurring and at least one chance in 100,000,000 per year of occurring. (c) For performance assessments conducted to show compliance with §§ 63.311(a)(2) and 63.321(b)(2), DOE's performance assessments shall project the continued effects of the features, events, and processes included in paragraph (a) of this section beyond the 10,000-year post-disposal period through the period of geologic stability. DOE must evaluate all of the features, events, or processes included in paragraph (a) of this section, and also: (1) DOE must assess the effects of seismic and igneous activity scenarios, subject to the probability limits in paragraph (a) of this section for very unlikely features, events, and processes, or sequences of events and processes. Performance assessments conducted to show compliance with § 63.321(b)(2) are also subject to the probability limits in paragraph (b) of this section for unlikely features, events, and processes, or sequences of events and processes. (i) The seismic analysis may be limited to the effects caused by damage to the drifts in the repository, failure of the waste packages, an… | ||||
| 10:10:2.0.1.1.9.12.120.13 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | L | Subpart L—Postclosure Public Health and Environmental Standards | § 63.343 Severability of individual protection and groundwater protection standards. | NRC | The individual protection and groundwater protection standards are severable. | |||||
| 10:10:2.0.1.1.9.2.106.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.15 Site characterization. | NRC | (a) DOE shall conduct a program of site characterization with respect to the Yucca Mountain site before it submits an application for a license to be issued under this part. (b) DOE shall conduct the investigations to obtain the required information in a manner that limits adverse effects on the long-term performance of the geologic repository at Yucca Mountain to the extent practical. | |||||
| 10:10:2.0.1.1.9.2.106.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.16 Review of site characterization activities. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003] | 2 In addition to the review of site characterization activities specified in this section, the Commission contemplates an ongoing review of other information on site investigation and site characterization, to allow early identification of potential licensing issues for timely resolution at the staff level. (a) If DOE's planned site characterization activities include onsite testing with radioactive material, including radioactive tracers, the Commission shall determine whether the proposed use of such radioactive material is necessary to provide data for the preparation of the environmental reports required by law and for an application to be submitted under § 63.22. (b) During the conduct of site characterization activities at the Yucca Mountain site, DOE shall report the nature and extent of the activities, the information that has been developed, and the progress of waste form and waste package research and development to the Commission not less than once every 6 months. The semiannual reports must include the results of site characterization studies, the identification of new issues, plans for additional studies to resolve new issues, elimination of planned studies no longer necessary, identification of decision points reached, and modifications to schedules, where appropriate. DOE shall also report its progress in developing the design of a geologic repository operations area appropriate for the area being characterized, noting when key design parameters or features that depend on the results of site characterization will be established. Other topics related to site characterization must also be covered if requested by the Director. (c) During the conduct of site characterization activities at the Yucca Mountain site, NRC staff shall be permitted to visit and inspect the locations at which such activities are carried out and to observe excavations, borings, and in situ tests, as they are done. (d) The Director may comment at any time in writing to DOE, expressing current views on any aspect of site cha… | ||||
| 10:10:2.0.1.1.9.2.107.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.21 Content of application. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 73 FR 63572, Oct. 24, 2008] | (a) An application consists of general information and a Safety Analysis Report. An environmental impact statement must be prepared in accordance with the Nuclear Waste Policy Act of 1982, as amended, and must accompany the application. Any Restricted Data or National Security Information must be separated from unclassified information. The application must be as complete as possible in the light of information that is reasonably available at the time of docketing. (b) The general information must include: (1) A general description of the proposed geologic repository at the Yucca Mountain site, identifying the location of the geologic repository operations area, the general character of the proposed activities, and the basis for the exercise of the Commission's licensing authority. (2) Proposed schedules for construction, receipt of waste, and emplacement of wastes at the proposed geologic repository operations area. (3) A description of the detailed security measures for physical protection of high-level radioactive waste in accordance with § 73.51 of this chapter. This plan must include the design for physical protection, the licensee's safeguards contingency plan, and security organization personnel training and qualification plan. The plan must list tests, inspections, audits, and other means to be used to demonstrate compliance with such requirements. (4) A description of the material control and accounting program to meet the requirements of § 63.78. (5) A description of work conducted to characterize the Yucca Mountain site. (c) The Safety Analysis Report must include: (1) A description of the Yucca Mountain site, with appropriate attention to those features, events, and processes of the site that might affect design of the geologic repository operations area and performance of the geologic repository. The description of the site must include information regarding features, events, and processes outside of the site to the extent the information is relevant and material to safety or performance of t… | ||||
| 10:10:2.0.1.1.9.2.107.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.22 Filing and distribution of application. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003; 69 FR 2280, Jan. 14, 2004] | (a) An application for a construction authorization for a high-level radioactive waste repository at a geologic repository operations area at Yucca Mountain, and an application for a license to receive and possess source, special nuclear, or byproduct material at a geologic repository operations area at the Yucca Mountain site that has been characterized, any amendments to the application, and an accompanying environmental impact statement and any supplements, must be signed by the Secretary of Energy or the Secretary's authorized representative and must be filed with the Director in triplicate on paper and optical storage media. (b) DOE shall submit 30 additional copies, on paper and optical storage media, of each portion of the application and any amendments, and each environmental impact statement and any supplements. DOE shall maintain the capability to generate additional copies for distribution in accordance with written instructions from the Director or the Director's designee. (c) On notification of the appointment of an Atomic Safety and Licensing Board, DOE shall update the application, eliminating all superseded information, and supplement the environmental impact statement if necessary, and serve the updated application and environmental impact statement (as it may have been supplemented) as directed by the Board. Any subsequent amendments to the application or supplements to the environmental impact statement must be served in the same manner. (d) When an application, and any amendment to it is filed, copies on paper and optical storage media must be made available in appropriate locations near the proposed geologic repository operations areas at the Yucca Mountain site for inspection by the public. These copies must be updated as amendments to the application are made. The environmental impact statement and any supplements to it must be made available in the same manner. An updated copy of the application, and the environmental impact statement and supplements, must be produced at any public hear… | ||||
| 10:10:2.0.1.1.9.2.107.5 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.23 Elimination of repetition. | NRC | In its application or environmental impact statement, DOE may incorporate, by reference, information contained in previous applications, statements, or reports filed with the Commission, if the references are clear and specific and copies of the information incorporated are made available to the public locations near the site of the proposed geologic repository, as specified in § 63.22(d). | |||||
| 10:10:2.0.1.1.9.2.107.6 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.24 Updating of application and environmental impact statement. | NRC | (a) The application must be as complete as possible in light of the information that is reasonably available at the time of docketing. (b) DOE shall update its application in a timely manner so as to permit the Commission to review, before issuance of a license— (1) Additional geologic, geophysical, geochemical, hydrologic, meteorologic, materials, design, and other data obtained during construction; (2) Conformance of construction of structures, systems, and components with the design; (3) Results of research programs carried out to confirm the adequacy of designs, conceptual models, parameter values, and estimates of performance of the geologic repository. (4) Other information bearing on the Commission's issuance of a license that was not available at the time a construction authorization was issued. (c) DOE shall supplement its environmental impact statement in a timely manner so as to take into account the environmental impacts of any substantial changes in its proposed actions or any significant new circumstances or information relevant to environmental concerns bearing on the proposed action or its impacts. | |||||
| 10:10:2.0.1.1.9.2.108.7 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.31 Construction authorization. | NRC | On review and consideration of an application and environmental impact statement submitted under this part, the Commission may authorize construction of a geologic repository operations area at the Yucca Mountain site if it determines: (a) Safety. (1) That there is reasonable assurance that the types and amounts of radioactive materials described in the application can be received and possessed in a geologic repository operations area of the design proposed without unreasonable risk to the health and safety of the public; and (2) That there is reasonable expectation that the materials can be disposed of without unreasonable risk to the health and safety of the public. (3) In arriving at these determinations, the Commission shall consider whether— (i) DOE has described the proposed geologic repository as specified at § 63.21; (ii) The site and design comply with the performance objectives and requirements contained in subpart E of this part; (iii) DOE's quality assurance program complies with the requirements of subpart G of this part; (iv) DOE's personnel training program complies with the criteria contained in subpart H of this part; (v) DOE's emergency plan complies with the criteria contained in subpart I of this part; and (vi) DOE's proposed operating procedures to protect health and to minimize danger to life or property are adequate. (b) Common defense and security. That there is reasonable assurance that the activities proposed in the application will not be inimical to the common defense and security. (c) Environmental. That, after weighing the environmental, economic, technical, and other benefits against environmental costs, and considering available alternatives, the action called for is the issuance of the construction authorization, with any appropriate conditions to protect environmental values. | |||||
| 10:10:2.0.1.1.9.2.108.8 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.32 Conditions of construction authorization. | NRC | (a) In a construction authorization for a geologic repository operations area at the Yucca Mountain site, the Commission shall include any conditions it considers necessary to protect the health and safety of the public, the common defense and security, or environmental values. (b) The Commission shall incorporate provisions in the construction authorization requiring DOE to furnish periodic or special reports regarding: (1) Progress of construction; (2) Any data about the site, obtained during construction, that are not within the predicted limits on which the facility design was based; (3) Any deficiencies, in design and construction, that, if uncorrected, could adversely affect safety at any future time; and (4) Results of research and development programs being conducted to resolve safety questions. (c) The construction authorization for a geologic repository operations area at the Yucca Mountain site will include restrictions on subsequent changes to the features of the geologic repository and the procedures authorized. The restrictions that may be imposed under this paragraph can include measures to prevent adverse effects on the geologic setting as well as measures related to the design and construction of the geologic repository operations area. These restrictions will fall into three categories of descending importance to public health and safety, as follows: (1) Those features and procedures that may not be changed without— (i) 60 days prior notice to the Commission; (ii) 30 days notice of opportunity for a prior hearing; and (iii) Prior Commission approval; (2) Those features and procedures that may not be changed without— (i) 60 days prior notice to the Commission; and (ii) Prior Commission approval; and (3) Those features and procedures that may not be changed without 60 days notice to the Commission. Features and procedures falling in this paragraph section may not be changed without prior Commission approval if the Commission, after having received the required notice, so orders. (d)… | |||||
| 10:10:2.0.1.1.9.2.108.9 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.33 Amendment of construction authorization. | NRC | (a) An application for amendment of a construction authorization must be filed with the Commission that fully describes any desired changes and follows, as far as applicable, the content requirements prescribed in § 63.21. (b) In determining whether an amendment of a construction authorization will be approved, the Commission will be guided by the considerations that govern the issuance of the initial construction authorization, to the extent applicable. | |||||
| 10:10:2.0.1.1.9.2.109.10 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.41 Standards for issuance of a license. | NRC | A license to receive and possess source, special nuclear, or byproduct material at a geologic repository operations area at the Yucca Mountain site may be issued by the Commission on finding that— (a) Construction of the geologic repository operations area has been substantially completed in conformity with the application as amended, the provisions of the Atomic Energy Act, and the rules and regulations of the Commission. Construction may be considered substantially complete for the purposes of this paragraph if the construction of— (1) Surface and interconnecting structures, systems, and components; and (2) Any underground storage space required for initial operation, are substantially complete. (b) The activities to be conducted at the geologic repository operations area will be in conformity with the application as amended, the provisions of the Atomic Energy Act and the Energy Reorganization Act, and the rules and regulations of the Commission. (c) The issuance of the license will not be inimical to the common defense and security and will not constitute an unreasonable risk to the health and safety of the public. (d) Adequate protective measures can and will be taken in the event of a radiological emergency at any time before permanent closure and decontamination or decontamination and dismantlement of surface facilities. (e) All applicable requirements of part 51 of this chapter have been satisfied. | |||||
| 10:10:2.0.1.1.9.2.109.11 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.42 Conditions of license. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 73 FR 63572, Oct. 24, 2008] | (a) The Commission shall include any conditions, including license specifications, it considers necessary to protect the health and safety of the public, the common defense and security, and environmental values in a license issued under this part. (b) Whether stated in the license or not, the following are considered to be conditions in every license issued: (1) The license is subject to revocation, suspension, modification, or amendment for cause, as provided by the Atomic Energy Act and the Commission's regulations. (2) DOE shall, at any time while the license is in effect, on written request of the Commission, submit written statements to enable the Commission to determine whether or not the license should be modified, suspended, or revoked. (3) The license is subject to the provisions of the Atomic Energy Act now or hereafter in effect and to all rules, regulations, and orders of the Commission. The terms and conditions of the license are subject to amendment, revision, or modification, by reason of amendments to or by reason of rules, regulations, and orders issued in accordance with the terms of the Atomic Energy Act. (c) Each license includes the provisions set forth in section 183 b-d, inclusive, of the Atomic Energy Act, whether or not these provisions are expressly set forth in the license. (d) A license issued under this part includes the provisions set forth in section 114(d) of the Nuclear Waste Policy Act, as amended, defining the quantity of solidified high-level radioactive waste and spent nuclear fuel, until such time as a second repository is in operation, whether or not these provisions are expressly set forth in the license. (e) The licensee (Department of Energy) shall ensure that Safeguards Information is protected against unauthorized disclosure in accordance with the requirements in § 73.21, and the requirements in § 73.22, or § 73.23 of this chapter, as applicable, and shall protect classified information in accordance with the requirements of parts 25 and 95 of this chapter, as a… | ||||
| 10:10:2.0.1.1.9.2.109.12 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.43 License specification. | NRC | (a) A license issued under this part includes license conditions derived from the analyses and evaluations included in the application, including amendments made before a license is issued, together with any additional conditions the Commission finds appropriate. (b) License conditions include items in the following categories: (1) Restrictions as to the physical and chemical form and radioisotopic content of radioactive waste. (2) Restrictions as to size, shape, and materials and methods of construction of radioactive waste packaging. (3) Restrictions as to the amount of waste permitted per unit volume of storage space, considering the physical characteristics of both the waste and the host rock. (4) Requirements relating to test, calibration, or inspection, to assure that the foregoing restrictions are observed. (5) Controls to be applied to restrict access and to avoid disturbance to the site and to areas outside the site where conditions may affect compliance with §§ 63.111 and 63.113. (6) Administrative controls, which are the provisions relating to organization and management, procedures, recordkeeping, review and audit, and reporting necessary to assure that activities at the facility are conducted in a safe manner and in conformity with the other license specifications. | |||||
| 10:10:2.0.1.1.9.2.109.13 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.44 Changes, tests, and experiments. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003] | (a) Definitions for the purposes of this section: (1) Change means a modification or addition to, or removal from, the geologic repository operations area design or procedures that affects a design function, event sequence, method of performing or controlling the function, or an evaluation that demonstrates that intended functions will be accomplished. (2) Departure from a method of evaluation described in the Safety Analysis Report (SAR) (as updated) used in establishing the preclosure safety analyses or performance assessment means: (i) Changing any of the elements of the method described in the SAR (as updated) unless the results of the analysis are conservative or essentially the same; or (ii) Changing from a method described in the SAR to another method unless that method has been approved by NRC for the intended application, addition or removal. (3) Safety Analysis Report (SAR) (as updated) means the Safety Analysis Report for the geologic repository, submitted in accordance with § 63.21, as updated in accordance with § 63.24. (4) Geologic repository operations area as described in the SAR (as updated) means: (i) The structures, systems, and components important to safety or barriers important to waste isolation that are described in the SAR (as updated); and (ii) The design and performance requirements for such structures, systems, and components described in the SAR (as updated). (5) Procedures as described in the SAR (as updated) means those procedures that contain information described in the SAR (as updated) such as how structures, systems, and components important to safety, or important to waste isolation, are operated or controlled. (6) Tests or experiments not described in the SAR (as updated) means any condition where the geologic repository operations area or any of its structures, systems, and components important to safety, or important to waste isolation, are utilized, controlled, or altered in a manner which is either: (i) Outside the reference bounds of the design base… | ||||
| 10:10:2.0.1.1.9.2.109.14 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.45 Amendment of license. | NRC | (a) An application for amendment of a license may be filed with the Commission fully describing the changes desired and following as far as applicable the format prescribed for license applications. (b) In determining whether an amendment of a license will be approved, the Commission will be guided by the considerations that govern the issuance of the initial license, to the extent applicable. | |||||
| 10:10:2.0.1.1.9.2.109.15 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.46 Particular activities requiring license amendment. | NRC | (a) Unless expressly authorized in the license, a license amendment is required for any of the following activities: (1) Any action that would make emplaced high-level radioactive waste irretrievable or that would substantially increase the difficulty of retrieving the emplaced waste; (2) Dismantling of structures; (3) Removal or reduction of controls applied to restrict access to or avoid disturbance of the site and to areas outside the site where conditions may affect compliance with §§ 63.111 and 63.113; (4) Destruction or disposal of records required to be maintained under the provisions of this part; (5) Any substantial change to the design or operating procedures from that specified in the license, except as authorized in § 63.44; and (6) Permanent closure. (b) An application for an amendment must be filed, and will be reviewed, as specified in § 63.45. | |||||
| 10:10:2.0.1.1.9.2.110.16 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.47 Facility information and verification. | NRC | [73 FR 78606, Dec. 23, 2008, as amended at 85 FR 65663, Oct. 16, 2020] | (a) In response to a written request by the Commission, each applicant for a construction authorization or license and each recipient of a construction authorization or a license shall submit facility information, as described in § 75.10 of this chapter, on IAEA Design Information Questionnaire forms and site information on DOC/NRC Form AP-A and associated forms; (b) As required by the Additional Protocol, applicants and licensees specified in paragraph (a) of this section shall submit location information described in § 75.11 of this chapter on DOC/NRC Form AP-1 and associated forms; (c) Shall permit verification thereof by the International Atomic Energy Agency (IAEA) and take other action as necessary to implement the US/IAEA Safeguards Agreement, as described in Part 75 of this chapter. | ||||
| 10:10:2.0.1.1.9.2.111.17 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.51 License amendment for permanent closure. | NRC | (a) DOE shall submit an application to amend the license before permanent closure of a geologic repository at the Yucca Mountain site. The submission must consist of an update of the license application submitted under §§ 63.21 and 63.22, including: (1) An update of the assessment of the performance of the geologic repository for the period after permanent closure. The updated assessment must include any performance confirmation data collected under the program required by subpart F, and pertinent to compliance with § 63.113. (2) A description of the program for post-permanent closure monitoring of the geologic repository. (3) A detailed description of the measures to be employed—such as land use controls, construction of monuments, and preservation of records—to regulate or prevent activities that could impair the long-term isolation of emplaced waste within the geologic repository and to assure that relevant information will be preserved for the use of future generations. As a minimum, these measures must include: (i) Identification of the site and geologic repository operations area by monuments that have been designed, fabricated, and emplaced to be as permanent as is practicable; (ii) Placement of records in the archives and land record systems of local, State, and Federal government agencies, and archives elsewhere in the world, that would be likely to be consulted by potential human intruders—such records to identify the location of the geologic repository operations area, including the underground facility, boreholes, shafts and ramps, and the boundaries of the site, and the nature and hazard of the waste; and (iii) A program for continued oversight, to prevent any activity at the site that poses an unreasonable risk of breaching the geologic repository's engineered barriers; or increasing the exposure of individual members of the public to radiation beyond allowable limits. (4) Geologic, geophysical, geochemical, hydrologic, and other site data that are obtained during the operational period, pert… | |||||
| 10:10:2.0.1.1.9.2.111.18 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | B | Subpart B—Licenses | § 63.52 Termination of license. | NRC | (a) Following permanent closure and the decontamination or decontamination and dismantlement of surface facilities at the Yucca Mountain site, DOE may apply for an amendment to terminate the license. (b) The application must be filed and will be reviewed in accordance with the provisions of § 63.45 and this section. (c) A license may be terminated only when the Commission finds with respect to the geologic repository: (1) That the final disposition of radioactive wastes has been made in conformance with DOE's plan, as amended and approved as part of the license. (2) That the final state of the geologic repository operations area conforms to DOE's plans for permanent closure and DOE's plans for the decontamination or decontamination and dismantlement of surface facilities, as amended and approved as part of the license. (3) That the termination of the license is authorized by law, including sections 57, 62, and 81 of the Atomic Energy Act, as amended. | |||||
| 10:10:2.0.1.1.9.3.112.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | C | Subpart C—Participation by State Government, Affected Units of Local Government, and Affected Indian Tribes | § 63.61 Provision of information. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003] | (a) The Director shall provide the Governor and the Nevada State legislature, affected units of local government, and the governing body of any affected Indian Tribe, with timely and complete information regarding determinations or plans made by the Commission with respect to the Yucca Mountain site. Information must be provided concerning the site characterization, siting, development, design, licensing, construction, operation, regulation, permanent closure, or decontamination and dismantlement of surface facilities of the geologic repository operations area at the site. (b) Notwithstanding paragraph (a) of this section, the Director is not required to distribute any document to any entity if, with respect to the document, that entity or its counsel is included on a service list prepared under part 2 of this chapter. (c) The NRC shall place communications by the Director under this section in the Publicly Available Records System (PARS) Library and furnish copies to DOE. | ||||
| 10:10:2.0.1.1.9.3.112.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | C | Subpart C—Participation by State Government, Affected Units of Local Government, and Affected Indian Tribes | § 63.62 Site review. | NRC | (a) The Director shall make the NRC staff available to consult with representatives of the State of Nevada, affected units of local government, and affected Indian Tribes regarding the status of site characterization at the Yucca Mountain site. (b) Requests for consultation must be made in writing to the Director. (c) Consultation under this section may include: (1) Keeping the parties informed of the Director's views on the progress of site characterization. (2) Review of applicable NRC regulations, licensing procedures, schedules, and opportunities for State, affected units of local government, and Tribe participation in the Commission's regulatory activities. (3) Cooperation in development of proposals for State, affected units of local government, and Tribal participation in license reviews. | |||||
| 10:10:2.0.1.1.9.3.112.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | C | Subpart C—Participation by State Government, Affected Units of Local Government, and Affected Indian Tribes | § 63.63 Participation in license reviews. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58816, Oct. 10, 2003] | (a) The State, affected units of local government, and affected Indian Tribes may participate in license reviews as provided in subpart J of part 2 of this chapter. (b) In addition, a State, or an affected unit of local government, or an affected Indian Tribe may submit a proposal to the Director to facilitate its participation in the review of the license application. The proposal may be submitted at any time and must contain a description and schedule of how the State, or affected unit of local government, or affected Indian Tribe wishes to participate in the review, or what services or activities the State, or affected unit of local government, or affected Indian Tribe wishes the NRC to carry out, and how the services or activities proposed to be carried out by the NRC would contribute to this participation. The proposal may include educational or information services (seminars, public meetings) or other actions on the part of NRC, such as establishing additional public document rooms or employment or exchange of State personnel under the Intergovernmental Personnel Act. (c) The Director shall arrange for a meeting between the representatives of the State, or affected unit of local government, or affected Indian Tribe and the NRC staff, to discuss any proposal submitted under paragraph (b) of this section, with a view to identifying any modifications that may contribute to the effective participation by such State, or affected unit of local government, or Tribe. (d) Subject to the availability of funds, the Director shall approve all or any part of a proposal, as it may be modified through the meeting described in paragraph (c) of this section, if it is determined that: (1) The proposed activities are suitable in light of the type and magnitude of impacts that the State, or affected unit of local government, or affected Indian Tribe may bear; (2) The proposed activities— (i) Will enhance communications between NRC and the State, or affected unit of local government, or affected Indian Tribe; (ii) Will m… | ||||
| 10:10:2.0.1.1.9.3.112.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | C | Subpart C—Participation by State Government, Affected Units of Local Government, and Affected Indian Tribes | § 63.64 Notice to State. | NRC | If the Governor and legislature of the State of Nevada have jointly designated, on their behalf, a single person or entity to receive notice and information from the Commission under this part, the Commission will provide the notice and information to the jointly designated person or entity instead of the Governor and legislature separately. | |||||
| 10:10:2.0.1.1.9.3.112.5 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | C | Subpart C—Participation by State Government, Affected Units of Local Government, and Affected Indian Tribes | § 63.65 Representation. | NRC | Any person who acts under this subpart as a representative for the State of Nevada (or for the Governor or legislature of Nevada), for an affected unit of local government, or for an affected Indian Tribe shall include in the request or other submission, or at the request of the Commission, a statement of the basis of his or her authority to act in this capacity. | |||||
| 10:10:2.0.1.1.9.4.112.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | D | Subpart D—Records, Reports, Tests, and Inspections | § 63.71 Records and reports. | NRC | (a) DOE shall maintain records and make reports in connection with the licensed activity that are required by the conditions of the license or by rules, regulations, and orders of the Commission, as authorized by the Atomic Energy Act and the Energy Reorganization Act. (b) Records of the receipt, handling, and disposition of radioactive waste at a geologic repository operations area at the Yucca Mountain site must contain sufficient information to provide a complete history of the movement of the waste from the shipper through all phases of storage and disposal. DOE shall retain these records in a manner that ensures their usability for future generations in accordance with § 63.51(a)(3). | |||||
| 10:10:2.0.1.1.9.4.112.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | D | Subpart D—Records, Reports, Tests, and Inspections | § 63.72 Construction records. | NRC | (a) DOE shall maintain records of construction of the geologic repository operations area at the Yucca Mountain site in a manner that ensures their usability for future generations in accordance with § 63.51(a)(3). (b) The records required under paragraph (a) of this section must include at least the following— (1) Surveys of the underground facility excavations, shafts, ramps, and boreholes referenced to readily identifiable surface features or monuments; (2) A description of the materials encountered; (3) Geologic maps and geologic cross-sections; (4) Locations and amount of seepage; (5) Details of equipment, methods, progress, and sequence of work; (6) Construction problems; (7) Anomalous conditions encountered; (8) Instrument locations, readings, and analysis; (9) Location and description of structural support systems; (10) Location and description of dewatering systems; (11) Details, methods of emplacement, and location of seals used; and (12) Facility design records (e.g, design specifications and “as built” drawings). | |||||
| 10:10:2.0.1.1.9.4.112.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | D | Subpart D—Records, Reports, Tests, and Inspections | § 63.73 Reports of deficiencies. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003] | (a) DOE shall promptly notify the Commission of each deficiency found in the characteristics of the Yucca Mountain site, and design, and construction of the geologic repository operations area that, were it to remain uncorrected, could— (1) Adversely affect safety at any future time; (2) Represent a significant deviation from the design criteria and design basis stated in the design application; or (3) Represent a deviation from the conditions stated in the terms of a construction authorization or the license, including license specifications. (b) DOE shall implement a program for evaluating and reporting deviations and failures to comply, to identify defects and failures to comply associated with substantial safety hazards, based on the applicable requirements in 10 CFR 50.55(e) as it applies to the construction authorization and design of the geologic repository operations area at the Yucca Mountain site. (c) DOE shall implement a program of reporting specific events and conditions that is the same as that specified in 10 CFR 72.75. (d) The requisite notification must be as specified in the applicable regulation. By an appropriate method listed in § 63.4 of this chapter, written reports must be submitted to NRC addressed: ATTN: Document Control Desk; Director, Office of Nuclear Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; and to the NRC onsite representative. DOE shall also furnish the report to the appropriate NRC Regional Office shown in appendix D to part 20 of this chapter. | ||||
| 10:10:2.0.1.1.9.4.112.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | D | Subpart D—Records, Reports, Tests, and Inspections | § 63.74 Tests. | NRC | (a) DOE shall perform, or permit the Commission to perform, those tests the Commission considers appropriate or necessary for the administration of the regulations in this part. This may include tests of— (1) Radioactive waste, (2) The geologic repository, including portions of the geologic setting and the structures, systems, and components constructed or placed therein, (3) Radiation detection and monitoring instruments, and (4) Other equipment and devices used in connection with the receipt, handling, or storage of radioactive waste. (b) The tests required under this section must include a performance confirmation program carried out in accordance with subpart F of this part. | |||||
| 10:10:2.0.1.1.9.4.112.5 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | D | Subpart D—Records, Reports, Tests, and Inspections | § 63.75 Inspections. | NRC | (a) DOE shall allow the Commission to inspect the premises of the geologic repository operations area at the Yucca Mountain site and adjacent areas to which DOE has rights of access. (b) DOE shall make available to the Commission for inspection, on reasonable notice, records kept by DOE pertaining to activities under this part. (c)(1) DOE shall, on requests by the Director, Office of Nuclear Material Safety and Safeguards, provide rent-free office space for the exclusive use of the Commission inspection personnel. Heat, air-conditioning, light, electrical outlets, and janitorial services must be furnished by DOE. The office must be convenient to and have full access to the facility and must provide the inspector both visual and acoustic privacy. (2) The space provided must be adequate to accommodate two full-time inspectors, and other transient NRC personnel and will be generally commensurate with other office facilities at the Yucca Mountain site geologic repository operations area. A space of 250 square feet either within the geologic repository operations area's office complex or in an office trailer or other onsite space at the geologic repository operations area is suggested as a guide. For locations at which activities are carried out under licenses issued under other parts of this chapter, additional space may be requested to accommodate additional full-time inspectors. The office space provided is subject to the approval of the Director, Office of Nuclear Material Safety and Safeguards. All furniture, supplies, and communication equipment will be furnished by the Commission. (3) DOE shall afford any NRC resident inspector assigned to the Yucca Mountain site or other NRC inspectors identified by the Regional Administrator as likely to inspect the Yucca Mountain facility, immediate unfettered access, equivalent to access provided regular employees, after proper identification and compliance with applicable access control measures for security, radiological protection, and personal safety. | |||||
| 10:10:2.0.1.1.9.4.112.6 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | D | Subpart D—Records, Reports, Tests, and Inspections | § 63.78 Material control and accounting records and reports. | NRC | DOE shall implement a program of material control and accounting (and accidental criticality reporting) that is the same as that specified in §§ 72.72, 72.74, 72.76, and 72.78 of this chapter. | |||||
| 10:10:2.0.1.1.9.5.112.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | E | Subpart E—Technical Criteria | § 63.101 Purpose and nature of findings. | NRC | (a)(1) Subpart B prescribes the standards for issuance of a license to receive and possess source, special nuclear, or byproduct material at a geologic repository operations area at the Yucca Mountain site. In particular, § 63.41(c) requires a finding that the issuance of a license will not constitute an unreasonable risk to the health and safety of the public. The purpose of this subpart is to set out the performance objectives for postclosure performance of the geologic repository and other criteria that, if satisfied, support a finding of no unreasonable risk. Postclosure performance objectives for the geologic repository include a requirement to limit radiological exposures to the reasonably maximally exposed individual, a requirement to limit releases of radionuclides to the accessible environment to protect groundwater, and a requirement to limit radiological exposures to the reasonably maximally exposed individual in the event of human intrusion (see § 63.113(b), (c), and (d), respectively). (2) Although the postclosure performance objectives specified at § 63.113 are generally stated in unqualified terms, it is not expected that complete assurance that the requirements will be met can be presented. A reasonable expectation, on the basis of the record before the Commission, that the postclosure performance objectives will be met, is the general standard required. Proof that the geologic repository will conform with the objectives for postclosure performance is not to be had in the ordinary sense of the word because of the uncertainties inherent in the understanding of the evolution of the geologic setting, biosphere, and engineered barrier system. For such long-term performance, what is required is reasonable expectation, making allowance for the time period, hazards, and uncertainties involved, that the outcome will conform with the objectives for postclosure performance for the geologic repository. Demonstrating compliance will involve the use of complex predictive models that are supported by limited d… | |||||
| 10:10:2.0.1.1.9.5.112.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | E | Subpart E—Technical Criteria | § 63.102 Concepts. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 74 FR 10828, Mar. 13, 2009] | This section provides a functional overview of this Subpart E. In the event of any inconsistency, the definitions in § 63.2 prevail. (a) The HLW facility at the Yucca Mountain site. NRC exercises licensing and related regulatory authority over those facilities described in section 202 (3) and (4) of the Energy Reorganization Act of 1974, including the site at Yucca Mountain, as designated by the Energy Policy Act of 1992. (b) The geologic repository operations area. (1) These regulations deal with the exercise of authority with respect to a particular class of HLW facility—namely, a geologic repository operations area at Yucca Mountain. (2) A geologic repository operations area consists of those surface and subsurface areas of the site that are part of a geologic repository where radioactive waste handling activities are conducted. The underground structure, backfill materials, if any, and openings that penetrate the underground structure (e.g., ramps, shafts and boreholes, including their seals), are designated the underground facility. (3) The exercise of Commission authority requires that the geologic repository operations area be used for storage (which includes disposal) of high-level radioactive wastes (HLW). (4) HLW includes irradiated reactor fuel as well as reprocessing wastes. However, if DOE proposes to use the geologic repository operations area for storage of radioactive waste other than HLW, the storage of this radioactive waste is subject to the requirements of this part. (c) Stages in the licensing process. There are several stages in the licensing process. The site characterization stage, when the performance confirmation program is started, begins before submission of a license application, and may result in consequences requiring evaluation in the license review. The construction stage would follow after the issuance of a construction authorization. A period of operations follows the Commission's issuance of a license. The period of operations includes the time during which … | ||||
| 10:10:2.0.1.1.9.5.112.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | E | Subpart E—Technical Criteria | § 63.111 Performance objectives for the geologic repository operations area through permanent closure. | NRC | (a) Protection against radiation exposures and releases of radioactive material. (1) The geologic repository operations area must meet the requirements of part 20 of this chapter. (2) During normal operations, and for Category 1 event sequences, the annual TEDE (hereafter referred to as “dose”) to any real member of the public located beyond the boundary of the site may not exceed the preclosure standard specified at § 63.204. (b) Numerical guides for design objectives. (1) The geologic repository operations area must be designed so that, taking into consideration Category 1 event sequences and until permanent closure has been completed, the aggregate radiation exposures and the aggregate radiation levels in both restricted and unrestricted areas, and the aggregate releases of radioactive materials to unrestricted areas, will be maintained within the limits specified in paragraph (a) of this section. (2) The geologic repository operations area must be designed so that, taking into consideration any single Category 2 event sequence and until permanent closure has been completed, no individual located on, or beyond, any point on the boundary of the site will receive, as a result of the single Category 2 event sequence, the more limiting of a TEDE of 0.05 Sv (5 rem), or the sum of the deep dose equivalent and the committed dose equivalent to any individual organ or tissue (other than the lens of the eye) of 0.5 Sv (50 rem). The lens dose equivalent may not exceed 0.15 Sv (15 rem), and the shallow dose equivalent to skin may not exceed 0.5 Sv (50 rem). (c) Preclosure safety analysis. A preclosure safety analysis of the geologic repository operations area that meets the requirements specified at § 63.112 must be performed. This analysis must demonstrate that: (1) The requirements of § 63.111(a) will be met; and (2) The design meets the requirements of § 63.111(b). (d) Performance confirmation. The geologic repository operations area must be designed so as to permit implementation of a performance confir… | |||||
| 10:10:2.0.1.1.9.5.113.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | E | Subpart E—Technical Criteria | § 63.112 Requirements for preclosure safety analysis of the geologic repository operations area. | NRC | The preclosure safety analysis of the geologic repository operations area must include: (a) A general description of the structures, systems, components, equipment, and process activities at the geologic repository operations area; (b) An identification and systematic analysis of naturally occurring and human-induced hazards at the geologic repository operations area, including a comprehensive identification of potential event sequences; (c) Data pertaining to the Yucca Mountain site, and the surrounding region to the extent necessary, used to identify naturally occurring and human-induced hazards at the geologic repository operations area; (d) The technical basis for either inclusion or exclusion of specific, naturally occurring and human-induced hazards in the safety analysis; (e) An analysis of the performance of the structures, systems, and components to identify those that are important to safety. This analysis identifies and describes the controls that are relied on to limit or prevent potential event sequences or mitigate their consequences. This analysis also identifies measures taken to ensure the availability of safety systems. The analysis required in this paragraph must include, but not necessarily be limited to, consideration of— (1) Means to limit concentration of radioactive material in air; (2) Means to limit the time required to perform work in the vicinity of radioactive materials; (3) Suitable shielding; (4) Means to monitor and control the dispersal of radioactive contamination; (5) Means to control access to high radiation areas or airborne radioactivity areas; (6) Means to prevent and control criticality; (7) Radiation alarm system to warn of significant increases of radiation levels, concentrations of radioactive material in air, and increased radioactivity in effluents; (8) Ability of structures, systems, and components to perform their intended safety functions, assuming the occurrence of event sequences; (9) Explosion and fire detection systems and appropriate suppression s… | |||||
| 10:10:2.0.1.1.9.5.114.5 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | E | Subpart E—Technical Criteria | § 63.113 Performance objectives for the geologic repository after permanent closure. | NRC | (a) The geologic repository must include multiple barriers, consisting of both natural barriers and an engineered barrier system. (b) The engineered barrier system must be designed so that, working in combination with natural barriers, radiological exposures to the reasonably maximally exposed individual are within the limits specified at § 63.311 of subpart L of this part. Compliance with this paragraph must be demonstrated through a performance assessment that meets the requirements specified at § 63.114 of this subpart, and §§ 63.303, 63.305, 63.312 and 63.342 of Subpart L of this part. (c) The engineered barrier system must be designed so that, working in combination with natural barriers, releases of radionuclides into the accessible environment are within the limits specified at § 63.331 of subpart L of this part. Compliance with this paragraph must be demonstrated through a performance assessment that meets the requirements specified at § 63.114 of this subpart and §§ 63.303, 63.332 and 63.342 of subpart L of this part. (d) The ability of the geologic repository to limit radiological exposures to the reasonably maximally exposed individual, in the event of human intrusion into the engineered barrier system, must be demonstrated through an analysis that meets the requirements at §§ 63.321 and 63.322 of subpart L of this part. Estimating radiological exposures to the reasonably maximally exposed individual requires a performance assessment that meets the requirements specified at § 63.114 of this subpart, and §§ 63.303, 63.305, 63.312 and 63.342 of subpart L of this part. | |||||
| 10:10:2.0.1.1.9.5.115.6 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | E | Subpart E—Technical Criteria | § 63.114 Requirements for performance assessment. | NRC | [74 FR 10828, Mar. 13, 2009] | (a) Any performance assessment used to demonstrate compliance with § 63.113 for 10,000 years after disposal must: (1) Include data related to the geology, hydrology, and geochemistry (including disruptive processes and events) of the Yucca Mountain site, and the surrounding region to the extent necessary, and information on the design of the engineered barrier system used to define, for 10,000 years after disposal, parameters and conceptual models used in the assessment. (2) Account for uncertainties and variabilities in parameter values, for 10,000 years after disposal, and provide for the technical basis for parameter ranges, probability distributions, or bounding values used in the performance assessment. (3) Consider alternative conceptual models of features and processes, for 10,000 years after disposal, that are consistent with available data and current scientific understanding and evaluate the effects that alternative conceptual models have on the performance of the geologic repository. (4) Consider only features, events, and processes consistent with the limits on performance assessment specified at § 63.342. (5) Provide the technical basis for either inclusion or exclusion of specific features, events, and processes in the performance assessment. Specific features, events, and processes must be evaluated in detail if the magnitude and time of the resulting radiological exposures to the reasonably maximally exposed individual, or radionuclide releases to the accessible environment, for 10,000 years after disposal, would be significantly changed by their omission. (6) Provide the technical basis for either inclusion or exclusion of degradation, deterioration, or alteration processes of engineered barriers in the performance assessment, including those processes that would adversely affect the performance of natural barriers. Degradation, deterioration, or alteration processes of engineered barriers must be evaluated in detail if the magnitude and time of the resulting radiological exposures to the r… | ||||
| 10:10:2.0.1.1.9.5.115.7 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | E | Subpart E—Technical Criteria | § 63.115 Requirements for multiple barriers. | NRC | Demonstration of compliance with § 63.113(a) must: (a) Identify those design features of the engineered barrier system, and natural features of the geologic setting, that are considered barriers important to waste isolation. (b) Describe the capability of barriers, identified as important to waste isolation, to isolate waste, taking into account uncertainties in characterizing and modeling the behavior of the barriers. (c) Provide the technical basis for the description of the capability of barriers, identified as important to waste isolation, to isolate waste. The technical basis for each barrier's capability shall be based on and consistent with the technical basis for the performance assessments used to demonstrate compliance with § 63.113(b) and (c). | |||||
| 10:10:2.0.1.1.9.5.116.8 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | E | Subpart E—Technical Criteria | § 63.121 Requirements for ownership and control of interests in land. | NRC | (a) Ownership of land. (1) The geologic repository operations area must be located in and on lands that are either acquired lands under the jurisdiction and control of DOE, or lands permanently withdrawn and reserved for its use. (2) These lands must be held free and clear of all encumbrances, if significant, such as: (i) Rights arising under the general mining laws; (ii) Easements for right-of-way; and (iii) All other rights arising under lease, rights of entry, deed, patent, mortgage, appropriation, prescription, or otherwise. (b) Additional controls for permanent closure. Appropriate controls must be established outside of the geologic repository operations area. DOE shall exercise any jurisdiction and control over surface and subsurface estates necessary to prevent adverse human actions that could significantly reduce the geologic repository's ability to achieve isolation. The rights of DOE may take the form of appropriate possessory interests, servitudes, or withdrawals from location or patent under the general mining laws. (c) Additional controls through permanent closure. Appropriate controls must be established outside the geologic repository operations area. DOE shall exercise any jurisdiction or control of activities necessary to ensure the requirements at § 63.111(a) and (b) are met. Control includes the authority to exclude members of the public, if necessary. (d) Water rights. (1) DOE shall also have obtained such water rights as may be needed to accomplish the purpose of the geologic repository operations area. (2) Water rights are included in the additional controls to be established under paragraph (b) of this section. | |||||
| 10:10:2.0.1.1.9.6.117.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | F | Subpart F—Performance Confirmation Program | § 63.131 General requirements. | NRC | (a) The performance confirmation program must provide data that indicate, where practicable, whether: (1) Actual subsurface conditions encountered and changes in those conditions during construction and waste emplacement operations are within the limits assumed in the licensing review; and (2) Natural and engineered systems and components required for repository operation, and that are designed or assumed to operate as barriers after permanent closure, are functioning as intended and anticipated. (b) The program must have been started during site characterization, and it will continue until permanent closure. (c) The program must include in situ monitoring, laboratory and field testing, and in situ experiments, as may be appropriate to provide the data required by paragraph (a) of this section. (d) The program must be implemented so that: (1) It does not adversely affect the ability of the geologic and engineered elements of the geologic repository to meet the performance objectives. (2) It provides baseline information and analysis of that information on those parameters and natural processes pertaining to the geologic setting that may be changed by site characterization, construction, and operational activities. (3) It monitors and analyzes changes from the baseline condition of parameters that could affect the performance of a geologic repository. | |||||
| 10:10:2.0.1.1.9.6.117.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | F | Subpart F—Performance Confirmation Program | § 63.132 Confirmation of geotechnical and design parameters. | NRC | (a) During repository construction and operation, a continuing program of surveillance, measurement, testing, and geologic mapping must be conducted to ensure that geotechnical and design parameters are confirmed and to ensure that appropriate action is taken to inform the Commission of design changes needed to accommodate actual field conditions encountered. (b) Subsurface conditions must be monitored and evaluated against design assumptions. (c) Specific geotechnical and design parameters to be measured or observed, including any interactions between natural and engineered systems and components, must be identified in the performance confirmation plan. (d) These measurements and observations must be compared with the original design bases and assumptions. If significant differences exist between the measurements and observations and the original design bases and assumptions, the need for modifications to the design or in construction methods must be determined and these differences, their significance to repository performance, and the recommended changes reported to the Commission. (e) In situ monitoring of the thermomechanical response of the underground facility must be conducted until permanent closure, to ensure that the performance of the geologic and engineering features is within design limits. | |||||
| 10:10:2.0.1.1.9.6.117.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | F | Subpart F—Performance Confirmation Program | § 63.133 Design testing. | NRC | (a) During the early or developmental stages of construction, a program for testing of engineered systems and components used in the design, such as, for example, borehole and shaft seals, backfill, and drip shields, as well as the thermal interaction effects of the waste packages, backfill, drip shields, rock, and unsaturated zone and saturated zone water, must be conducted. (b) The testing must be initiated as early as practicable. (c) If backfill is included in the repository design, a test must be conducted to evaluate the effectiveness of backfill placement and compaction procedures against design requirements before permanent backfill placement is begun. (d) Tests must be conducted to evaluate the effectiveness of borehole, shaft, and ramp seals before full-scale operation proceeds to seal boreholes, shafts, and ramps. | |||||
| 10:10:2.0.1.1.9.6.117.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | F | Subpart F—Performance Confirmation Program | § 63.134 Monitoring and testing waste packages. | NRC | (a) A program must be established at the geologic repository operations area for monitoring the condition of the waste packages. Waste packages chosen for the program must be representative of those to be emplaced in the underground facility. (b) Consistent with safe operation at the geologic repository operations area, the environment of the waste packages selected for the waste package monitoring program must be representative of the environment in which the wastes are to be emplaced. (c) The waste package monitoring program must include laboratory experiments that focus on the internal condition of the waste packages. To the extent practical, the environment experienced by the emplaced waste packages within the underground facility during the waste package monitoring program must be duplicated in the laboratory experiments. (d) The waste package monitoring program must continue as long as practical up to the time of permanent closure. | |||||
| 10:10:2.0.1.1.9.7.117.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | G | Subpart G—Quality Assurance | § 63.141 Scope. | NRC | As used in this part, quality assurance comprises all those planned and systematic actions necessary to provide adequate confidence that the geologic repository and its structures, systems, or components will perform satisfactorily in service. Quality assurance includes quality control, which comprises those quality assurance actions related to the physical characteristics of a material, structure, component, or system that provide a means to control the quality of the material, structure, component, or system to predetermined requirements. | |||||
| 10:10:2.0.1.1.9.7.117.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | G | Subpart G—Quality Assurance | § 63.142 Quality assurance criteria. | NRC | (a) Introduction and Applicability. DOE is required by § 63.21(c)(20) to include in its safety analysis report a description of the quality assurance program to be applied to all structures, systems, and components important to safety, to design and characterization of barriers important to waste isolation, and to related activities. These activities include: site characterization; acquisition, control, and analyses of samples and data; tests and experiments; scientific studies; facility and equipment design and construction; facility operation; performance confirmation; permanent closure; and decontamination and dismantling of surface facilities. The description must indicate how the applicable quality assurance requirements will be satisfied. DOE shall include information pertaining to the managerial and administrative controls to be used to ensure safe operation in its safety analysis report. High-level waste repositories include structures, systems, and components that prevent or mitigate the consequences of postulated event sequences or that are important to waste isolation capabilities that could cause undue risk to the health and safety of the public. The pertinent requirements of this subpart apply to all activities that are important to waste isolation and important to safety functions of those structures, systems, and components. These activities include designing, purchasing, fabricating, handling, shipping, storing, cleaning, erecting, installing, inspecting, testing, operating, maintaining, repairing, modifying, site characterization, performance confirmation, permanent closure, decontamination, and dismantling of surface facilities. (b) Organization. DOE shall establish and execute a quality assurance program. DOE may delegate to others, such as contractors, agents, or consultants, the work of establishing and executing the quality assurance program, or any part of it, but DOE retains responsibility for it. (1) The authority and duties of persons and organizations performing activities affecti… | |||||
| 10:10:2.0.1.1.9.7.117.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | G | Subpart G—Quality Assurance | § 63.143 Implementation. | NRC | DOE shall implement a quality assurance program based on the criteria required by § 63.142. | |||||
| 10:10:2.0.1.1.9.7.117.4 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | G | Subpart G—Quality Assurance | § 63.144 Quality assurance program change. | NRC | [66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58816, Oct. 10, 2003] | Changes to DOE's NRC-approved Safety Analysis Report quality assurance program description are processed as follows: (a) DOE may change a previously accepted quality assurance program description included or referenced in the Safety Analysis Report without prior NRC approval, if the change does not reduce the commitments in the program description previously accepted by the NRC. Changes to the quality assurance program description that do not reduce the commitments must be submitted every 24 months, in accordance with paragraph (b)(1) of this section. In addition to quality assurance program changes involving administrative improvements and clarifications, spelling corrections, punctuation, or editorial items, the following changes are not considered reductions in commitment: (1) The use of a quality assurance standard approved by the NRC which is more recent than the quality assurance standard in DOE's current quality assurance program at the time of the change; (2) The use of generic organizational position titles that clearly denote the position function, supplemented as necessary by descriptive text, rather than specific titles; (3) The use of generic organizational charts to indicate functional relationships, authorities, and responsibilities, or alternatively, the use of descriptive text; (4) The elimination of quality assurance program information that duplicates language in quality assurance regulatory guides and quality assurance standards to which the licensee is committed; and (5) Organizational revisions that ensure that persons and organizations performing quality assurance functions continue to have the requisite authority and organizational freedom, including sufficient independence from cost and schedule when opposed to safety considerations. (b) DOE shall submit changes made to the NRC-accepted Safety Analysis Report quality assurance program description that do reduce the commitments to the NRC and receive NRC approval prior to implementation, as follows: (1) By an appropriate method lis… | ||||
| 10:10:2.0.1.1.9.8.117.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | H | Subpart H—Training and Certification of Personnel | § 63.151 General requirements. | NRC | Operations of systems and components that have been identified as important to safety in the Safety Analysis Report and in the license must be performed only by trained and certified personnel or by personnel under the direct visual supervision of an individual with training and certification in such operation. Supervisory personnel who direct operations that are important to safety must also be certified in such operations. | |||||
| 10:10:2.0.1.1.9.8.117.2 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | H | Subpart H—Training and Certification of Personnel | § 63.152 Training and certification program. | NRC | DOE shall establish a program for training, proficiency testing, certification, and requalification of operating and supervisory personnel. | |||||
| 10:10:2.0.1.1.9.8.117.3 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | H | Subpart H—Training and Certification of Personnel | § 63.153 Physical requirements. | NRC | The physical condition and the general health of personnel certified for operations that are important to safety may not be such as might cause operational errors that could endanger the public health and safety. Any condition that might cause impaired judgment or motor coordination must be considered in the selection of personnel for activities that are important to safety. These conditions need not categorically disqualify a person, so long as appropriate provisions are made to accommodate the conditions. | |||||
| 10:10:2.0.1.1.9.9.117.1 | 10 | Energy | I | 63 | PART 63—DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC REPOSITORY AT YUCCA MOUNTAIN, NEVADA | I | Subpart I—Emergency Planning Criteria | § 63.161 Emergency plan for the geologic repository operations area through permanent closure. | NRC | DOE shall develop and be prepared to implement a plan to cope with radiological accidents that may occur at the geologic repository operations area, at any time before permanent closure and decontamination or decontamination and dismantlement of surface facilities. The emergency plan must be based on the criteria of § 72.32(b) of this chapter. | |||||
| 14:14:2.0.1.1.3.1.1.1 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.1 Applicability. | FAA | This part prescribes the requirements for issuing flight engineer and flight navigator certificates and the general operating rules for holders of those certificates. | ||||
| 14:14:2.0.1.1.3.1.1.10 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.15 Duration of certificates. | FAA | [Docket 8846, 33 FR 18613, Dec. 17, 1968, as amended by Amdt. 63-22, 47 FR 35693, Aug. 16, 1982; Amdt. 63-36, 73 FR 10668, Feb. 28, 2008] | (a) Except as provided in § 63.23 and paragraph (b) of this section, a certificate or rating issued under this part is effective until it is surrendered, suspended, or revoked. (b) A flight engineer certificate (with any amendment thereto) issued under § 63.42 expires at the end of the 24th month after the month in which the certificate was issued or renewed. However, the holder may exercise the privileges of that certificate only while the foreign flight engineer license on which that certificate is based is effective. (c) Any certificate issued under this part ceases to be effective if it is surrendered, suspended, or revoked. The holder of any certificate issued under this part that is suspended or revoked shall, upon the Administrator's request, return it to the Administrator. (d) Except for temporary certificate issued under § 63.13, the holder of a paper certificate issued under this part may not exercise the privileges of that certificate after March 31, 2013. | |||
| 14:14:2.0.1.1.3.1.1.11 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.15a [Reserved] | FAA | |||||
| 14:14:2.0.1.1.3.1.1.12 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.16 Change of name; replacement of lost or destroyed certificate. | FAA | [Amdt. 63-41, 83 FR 30280, June 27, 2018] | (a) An application for a change of name on a certificate issued under this part must be accompanied by the applicant's current certificate and the marriage license, court order, or other document verifying the change. The documents are returned to the applicant after inspection. (b) A request for a replacement of a lost or destroyed airman certificate issued under this part must be made: (1) By letter to the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125 and must be accompanied by a check or money order for the appropriate fee payable to the FAA; or (2) In any other form and manner approved by the Administrator including a request to Airman Services at http://www.faa.gov, and must be accompanied by acceptable form of payment for the appropriate fee. (c) A request for the replacement of a lost or destroyed medical certificate must be made: (1) By letter to the Department of Transportation, FAA, Aerospace Medical Certification Division, P.O. Box 26200, Oklahoma City, OK 73125, and must be accompanied by a check or money order for the appropriate fee payable to the FAA; or (2) In any other manner and form approved by the Administrator and must be accompanied by acceptable form of payment for the appropriate fee. (d) A request for the replacement of a lost or destroyed knowledge test report must be made: (1) By letter to the Department of Transportation, FAA, Airmen Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must be accompanied by a check or money order for the appropriate fee payable to the FAA; or (2) In any other manner and form approved by the Administrator and must be accompanied by acceptable form of payment for the appropriate fee. (e) The letter requesting replacement of a lost or destroyed airman certificate, medical certificate, or knowledge test report must state: (1) The name of the person; (2) The permanent mailing address (including ZIP code), or if the permanent mailing addr… | |||
| 14:14:2.0.1.1.3.1.1.13 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.17 Tests: General procedure. | FAA | (a) Tests prescribed by or under this part are given at times and places, and by persons, designated by the Administrator. (b) The minimum passing grade for each test is 70 percent. | ||||
| 14:14:2.0.1.1.3.1.1.14 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.18 Written tests: Cheating or other unauthorized conduct. | FAA | [Docket 4086, 30 FR 2196, Feb. 18, 1965] | (a) Except as authorized by the Administrator, no person may— (1) Copy, or intentionally remove, a written test under this part; (2) Give to another, or receive from another, any part or copy of that test; (3) Give help on that test to, or receive help on that test from, any person during the period that test is being given. (4) Take any part of that test in behalf of another person; (5) Use any material or aid during the period that test is being given; or (6) Intentionally cause, assist, or participate in any act prohibited by this paragraph. (b) No person who commits an act prohibited by paragraph (a) of this section is eligible for any airman or ground instructor certificate or rating under this chapter for a period of 1 year after the date of that act. In addition, the commission of that act is a basis for suspending or revoking any airman or ground instructor certificate or rating held by that person. | |||
| 14:14:2.0.1.1.3.1.1.15 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.19 Operations during physical deficiency. | FAA | No person may serve as a flight engineer or flight navigator during a period of known physical deficiency, or increase in physical deficiency, that would make him unable to meet the physical requirements for his current medical certificate. | ||||
| 14:14:2.0.1.1.3.1.1.16 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.20 [Reserved] | FAA | |||||
| 14:14:2.0.1.1.3.1.1.17 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.21 Change of address. | FAA | [Docket 10536, 35 FR 14075, Sept. 4, 1970] | Within 30 days after any change in his permanent mailing address, the holder of a certificate issued under this part shall notify the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, in writing, of his new address. | |||
| 14:14:2.0.1.1.3.1.1.18 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.23 Special purpose flight engineer and flight navigator certificates: Operation of U.S.-registered civil airplanes leased by a person not a U.S. citizen. | FAA | [Docket 19300, 45 FR 5672, Jan. 24, 1980] | (a) General. The holder of a current foreign flight engineer or flight navigator certificate, license, or authorization issued by a foreign contracting State to the Convention on International Civil Aviation, who meets the requirements of this section, may hold a special purpose flight engineer or flight navigator certificate, as appropriate, authorizing the holder to perform flight engineer or flight navigator duties on a civil airplane of U.S. registry, leased to a person not a citizen of the United States, carrying persons or property for compensation or hire. Special purpose flight engineer and flight navigator certificates are issued under this section only for airplane types that can have a maximum passenger seating configuration, excluding any flight crewmember seat, of more than 30 seats or a maximum payload capacity (as defined in § 135.2(e) of this chapter) of more than 7,500 pounds. (b) Eligibility. To be eligible for the issuance, or renewal, of a certificate under this section, an applicant must present the following to the Administrator: (1) A current foreign flight engineer or flight navigator certificate, license, or authorization issued by the aeronautical authority of a foreign contracting State to the Convention on International Civil Aviation or a facsimile acceptable to the Administrator. The certificate or license must authorize the applicant to perform the flight engineer or flight navigator duties to be authorized by a certificate issued under this section on the same airplane type as the leased airplane. (2) A current certification by the lessee of the airplane— (i) Stating that the applicant is employed by the lessee; (ii) Specifying the airplane type on which the applicant will perform flight engineer or flight navigator duties; and (iii) Stating that the applicant has received ground and flight instruction which qualifies the applicant to perform the duties to be assigned on the airplane. (3) Documentation showing that the applicant currently meets the medical standards for … | |||
| 14:14:2.0.1.1.3.1.1.2 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.2 Certification of foreign flight crewmembers other than pilots. | FAA | [Docket 22052, 47 FR 35693, Aug. 18, 1982] | A person who is neither a United States citizen nor a resident alien is issued a certificate under this part (other than under § 63.23 or § 63.42) outside the United States only when the Administrator finds that the certificate is needed for the operation of a U.S.-registered civil aircraft. | |||
| 14:14:2.0.1.1.3.1.1.3 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.3 Certificates and ratings required. | FAA | [Amdt. 63-41, 83 FR 30280, June 27, 2018] | (a) Except as provided in paragraph (c) of this section, no person may act as a flight engineer of a civil aircraft of U.S. registry unless that person has in his or her physical possession or readily accessible in the aircraft: (1) A current flight engineer certificate with appropriate ratings issued to that person under this part; (2) A document conveying temporary authority to exercise certificate privileges issued by the Airman Certification Branch under § 63.16(f); or (3) When engaged in a flight operation within the United States for a part 119 certificate holder authorized to conduct operations under part 121 of this chapter, a temporary document provided by that certificate holder under an approved certificate verification plan. (b) A person may act as a flight engineer of an aircraft only if that person holds a current second-class (or higher) medical certificate issued to that person under part 67 of this chapter, or other documentation acceptable to the FAA, that is in that person's physical possession or readily accessible in the aircraft. (c) When the aircraft is operated within a foreign country, a current flight engineer certificate issued by the country in which the aircraft is operated, with evidence of current medical qualification for that certificate, may be used. Also, in the case of a flight engineer certificate issued under § 63.42, evidence of current medical qualification accepted for the issue of that certificate is used in place of a medical certificate. (d) No person may act as a flight navigator of a civil aircraft of U.S. registry unless that person has in his or her physical possession a current flight navigator certificate issued to him or her under this part and a second-class (or higher) medical certificate issued to him or her under part 67 of this chapter within the preceding 12 months. However, when the aircraft is operated within a foreign country, a current flight navigator certificate issued by the country in which the aircraft is operated, with evidence of current me… | |||
| 14:14:2.0.1.1.3.1.1.4 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.11 Application and issue. | FAA | [Docket 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-3, 30 FR 14559, Nov. 23, 1965; Amdt. 63-7, 31 FR 13523, Oct. 20, 1966; Amdt. 63-22, 47 FR 35693, Aug. 16, 1982; Amdt. 63-35, 72 FR 18558, Apr. 12, 2007] | (a) An application for a certificate and appropriate class rating, or for an additional rating, under this part must be made on a form and in a manner prescribed by the Administrator. Each person who applies for airmen certification services to be administered outside the United States for any certificate or rating issued under this part must show evidence that the fee prescribed in appendix A of part 187 of this chapter has been paid. (b) An applicant who meets the requirements of this part is entitled to an appropriate certificate and appropriate class ratings. (c) Unless authorized by the Administrator, a person whose flight engineer certificate is suspended may not apply for any rating to be added to that certificate during the period of suspension. (d) Unless the order of revocation provides otherwise, a person whose flight engineer or flight navigator certificate is revoked may not apply for the same kind of certificate for 1 year after the date of revocation. | |||
| 14:14:2.0.1.1.3.1.1.5 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.12 Offenses involving alcohol or drugs. | FAA | [Docket 21956, 50 FR 15379, Apr. 17, 1985, as amended by Amdt. 63-27, 54 FR 34330, Aug. 18, 1989] | (a) A conviction for the violation of any Federal or state statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marihuana, or depressant or stimulant drugs or substances is grounds for— (1) Denial of an application for any certificate or rating issued under this part for a period of up to 1 year after the date of final conviction; or (2) Suspension or revocation of any certificate or rating issued under this part. (b) The commission of an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for— (1) Denial of an application for a certificate or rating issued under this part for a period of up to 1 year after the date of that act; or (2) Suspension or revocation of any certificate or rating issued under this part. | |||
| 14:14:2.0.1.1.3.1.1.6 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.12a Refusal to submit to an alcohol test or to furnish test results. | FAA | [Docket 21956, 51 FR 1229, Jan. 9, 1986, as amended by Amdt. 63-27, 54 FR 34330, Aug. 18, 1989] | A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with § 91.11(c) of this chapter, or a refusal to furnish or authorize the release of the test results when requested by the Administrator in accordance with § 91.17 (c) or (d) of this chapter, is grounds for— (a) Denial of an application for any certificate or rating issued under this part for a period of up to 1 year after the date of that refusal; or (b) Suspension or revocation of any certificate or rating issued under this part. | |||
| 14:14:2.0.1.1.3.1.1.7 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.12b [Reserved] | FAA | |||||
| 14:14:2.0.1.1.3.1.1.8 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.13 Temporary certificate. | FAA | [Docket 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-19, 43 FR 22639, May 25, 1978] | A certificate effective for a period of not more than 120 days may be issued to a qualified applicant, pending review of his application and supplementary documents and the issue of the certificate for which he applied. | |||
| 14:14:2.0.1.1.3.1.1.9 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | A | Subpart A—General | § 63.14 [Reserved] | FAA | |||||
| 14:14:2.0.1.1.3.2.1.1 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | B | Subpart B—Flight Engineers | § 63.31 Eligibility requirements; general. | FAA | [Docket 6458, 30 FR 14559, Nov. 23, 1965, as amended by Amdt. 63-9, 33 FR 18614, Dec. 17, 1968] | To be eligible for a flight engineer certificate, a person must— (a) Be at least 21 years of age; (b) Be able to read, speak, and understand the English language, or have an appropriate limitation placed on his flight engineer certificate; (c) Hold at least a second-class medical certificate issued under part 67 of this chapter within the 12 months before the date he applies, or other evidence of medical qualification accepted for the issue of a flight engineer certificate under § 63.42; and (d) Comply with the requirements of this subpart that apply to the rating he seeks. | |||
| 14:14:2.0.1.1.3.2.1.2 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | B | Subpart B—Flight Engineers | § 63.33 Aircraft ratings. | FAA | (a) The aircraft class ratings to be placed on flight engineer certificates are— (1) Reciprocating engine powered; (2) Turbopropeller powered; and (3) Turbojet powered. (b) To be eligible for an additional aircraft class rating after his flight engineer certificate with a class rating is issued to him, an applicant must pass the written test that is appropriate to the class of airplane for which an additional rating is sought, and— (1) Pass the flight test for that class of aircraft; or (2) Satisfactorily complete an approved flight engineer training program that is appropriate to the additional class rating sought. | ||||
| 14:14:2.0.1.1.3.2.1.3 | 14 | Aeronautics and Space | I | D | 63 | PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS | B | Subpart B—Flight Engineers | § 63.35 Knowledge requirements. | FAA | [Docket 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-17, 40 FR 32830, Aug. 5, 1975; Docket 63-21, 47 FR 13316, Mar. 29, 1982; Docket FAA-2023-0825, Amdt. 63-47, 89 FR 80053, Oct. 1, 2024] | (a) An applicant for a flight engineer certificate must pass a written test on the following: (1) The regulations of this chapter that apply to the duties of a flight engineer. (2) The theory of flight and aerodynamics. (3) Basic meteorology with respect to engine operations. (4) Center of gravity computations. (b) An applicant for the original or additional issue of a flight engineer class rating must pass a written test for that airplane class on the following: (1) Preflight. (2) Airplane equipment. (3) Airplane systems. (4) Airplane loading. (5) Airplane procedures and engine operations with respect to limitations. (6) Normal operating procedures. (7) Emergency procedures. (8) Mathematical computation of engine operations and fuel consumption. (c) Before taking the written tests prescribed in paragraphs (a) and (b) of this section, an applicant for a flight engineer certificate must present satisfactory evidence of having completed one of the experience requirements of § 63.37. However, the applicant may take the written tests before acquiring the flight training required by § 63.37. (d) An applicant for a flight engineer certificate or rating must have passed the written tests required by paragraphs (a) and (b) of this section since the beginning of the 24th calendar month before the month in which the flight is taken. However, this limitation does not apply to an applicant for a flight engineer certificate or rating if— (1) The applicant— (i) Within the period ending 24 calendar months after the month in which the applicant passed the written test, is employed as a flight crewmember or mechanic by a U.S. air carrier or commercial operator operating either under part 121 or as a commuter air carrier under part 135 (as defined in part 298 of this title) and is employed by such a certificate holder at the time of the flight test; (ii) If employed as a flight crewmember, has completed initial training, and, if appropriate, transition or upgrade training; and (iii) Meets the recurrent training … |
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