[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4209-4213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2345]
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DEPARTMENT OF ENERGY
10 CFR Parts 830 and 835
Office of the General Counsel; Ruling 1995-1; Ruling Concerning
10 CFR Parts 830 (Nuclear Safety Management) and 835 (Occupational
Radiation Protection)
AGENCY: Department of Energy.
ACTION: Notice of Ruling 1995-1.
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SUMMARY: The Department of Energy (DOE) has issued Ruling 1995-1 which
interprets certain regulatory provisions relating to DOE's nuclear
safety requirements. This Ruling is intended to be a generally
applicable clarification that addresses questions concerning the
applicability and effect of these provisions.
FOR FURTHER INFORMATION CONTACT: Ben McRae, Office of the Assistant
General Counsel for Civilian Nuclear Programs, Room 6A 167, Forrestal
Building, 1000 Independence Ave., SW., Washington DC 20585; telephone
(202) 586-6975.
SUPPLEMENTARY INFORMATION:
Department of Energy's Ruling 1995-1
A. Introduction
The Assistant Secretary for Environment, Safety and Health has
requested that the General Counsel respond to several questions
regarding nuclear safety regulations 10 CFR Parts 830 (Nuclear Safety
Management) and 835 (Occupational Radiation Protection).
This ruling responds to those questions and constitutes an
interpretation under Subpart D of 10 CFR Part 820.1
\1\ Subpart D of Part 820 sets forth the procedural framework
for issuing an interpretation, which is defined in Part 820.2(a) to
mean:
A statement by the General Counsel concerning the meaning or
effect of the [Atomic Energy] Act, a Nuclear Statute, or a DOE
Nuclear Safety Requirement which relates to a specific factual
situation but may also be a ruling of general applicability where
the General Counsel determines such action to be appropriate.
Sections 820.50, .51 and .52 state:
The General Counsel shall be * * * responsible for formulating
and issuing any interpretation * * * [and] may utilize any procedure
which he deems appropriate to comply with his responsibilities under
this subpart. * * * Any written or oral response to any written or
oral question which is not provided pursuant to this subpart does
not constitute an interpretation and does not provide any basis for
action inconsistent with the [Atomic Energy] Act, a Nuclear Statute,
or a DOE Nuclear Safety Requirement.
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B. Questions and Responses
1. Is the scope of either Part 830 or Part 835 limited to those
facilities or activities involving byproduct, source, or special
nuclear materials, as defined in the Atomic Energy Act?
No, neither Part 830 nor 835 is limited to activities or facilities
involving byproduct, source, or special nuclear material. The
requirements in Parts 830 and 835 cover all activities under DOE's
auspices with the potential to cause radiological harm. These rules are
promulgated pursuant to section 161 of the Atomic Energy Act of 1954,
as amended (AEA). Section 161b. of the AEA authorizes the Department to
promulgate rules ``to govern the possession and use of special nuclear
material, source material, and byproduct material'' and section 161i.
authorizes the Department to prescribe such regulations as it deems
necessary to govern any activity authorized pursuant to the AEA,
specifically including standards for the protection of health and
minimization of danger to life or property.
Although most sources of ionizing radiation are encompassed by the
terms ``byproduct material,'' ``source material'' and ``special nuclear
material,'' some sources, such as machine-produced radioactive
material, are not. Because all ionizing radiation has the potential to
cause harm, the Department did not limit the application of the nuclear
safety requirements in Parts 830 and 835
[[Page 4210]]
to situations involving byproduct, source and special nuclear material.
Part 830 covers activities at facilities even where no nuclear
material is present such as facilities that prepare the nonnuclear
components of nuclear weapons, but which could cause radiological
damage at a later time. 10 CFR 830.3(a)(6).
2. Do Parts 830 and 835 apply to Government employees in general
and to the Department's Government-owned, Government-operated
facilities specifically?
Part 830. Part 830.1 states that it governs the conduct of the
Department's ``management and operating contractors and other persons
at DOE nuclear facilities.'' 2 Section 830.4(a) provides that no
person shall take or cause to be taken any action inconsistent with
Part 830 or any document implementing Part 830. The definition of
``person'' in Part 830 excludes the Department, the Nuclear Regulatory
Commission (NRC), as well as their employees when these employees are
acting within the scope of their employment.3 Therefore, the
requirements in Part 830 do not apply to DOE employees.4
\2\ Section 830.1 states:
This part governs the conduct of the Department of Energy (DOE)
management and operating contractors and other persons at DOE
nuclear facilities.
\3\ Sections 830.3(a) and 835.2(a) state:
Person means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group,
Government agency, any State or political subdivision of, or any
political entity within a State, any foreign government or nation or
other entity and any legal successor, representative, agent or
agency of the foregoing; provided that person does not include the
Department or the United States NRC. (emphasis added)
The only government agencies and employees thereof excluded from
this definition are the Department and the NRC.
\4\ Section 830.4(b) states:
With respect to a particular DOE nuclear facility, the
contractor responsible for the design, construction, operation, or
decommissioning of that facility shall be responsible for
implementation of, and compliance with, the requirements of this
part.
Section 830.4(a) states:
No person shall take or cause to be taken any action
inconsistent with the requirements of this part or any program,
plan, schedule, or other process established by this part.
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The preamble to the final Part 830 rule explained that the
Department rejected comments that Part 830 be expanded to include DOE
employees. The Department found that equivalent requirements were
imposed on its employees through DOE directives.5
\5\ 59 FR 15845 (1994).
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The requirements in Part 830 do not apply to the Department's
Government-owned, Government-operated (GOGOs) facilities.6 While
the definition of nuclear facility in Part 830 does not contain an
explicit exclusion for facilities operated by the Department, Part 830
only covers nuclear facilities operated and managed by a contractor.
GOGOs are governed by the nuclear safety provisions contained in DOE
directives.
\6\ DOE is considering expanding the scope of 830 to cover GOGOs
and has requested comments on this issue in its Notice of limited
reopening of comment periods published on August 31, 1995, 60 FR
45381.
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Part 835. The requirements in Part 835 apply to DOE employees. The
scope provision, section 835.1(a), does not limit its applicability to
contractors.7 Moreover, the general rule provision of section
835.3(a) explicitly provides that DOE personnel shall act consistently
with the requirements of Part 835.8
\7\ Section 835.1(a) states:
The rules in this part establish radiation protection standards,
limits, and program requirements for protecting individuals from
ionizing radiation resulting from the conduct of DOE activities.
\8\ Section 835.3(a) states:
No person or DOE personnel shall take or cause to be taken any
action inconsistent with the requirements of:
(1) This part; or
(2) Any program, plan, schedule, or other process established by
this part. (emphasis added)
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The requirements in Part 835 also apply to activities at the
Department's Government-owned, Government-operated facilities. Unlike
Part 830, the general rule provision of Part 835 explicitly provides
that, where there is no contractor responsible for a DOE activity, the
Department shall ensure the implementation of and compliance with the
requirements of Part 835.9
\9\ Section 835.3(c) states:
Where there is no contractor for a DOE activity, DOE shall
ensure implementation of and compliance with the requirements of
this part.
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3. Is the scope of either Part 830 or Part 835 limited to those
facilities or activities subject to civil penalties?
No, neither Part 830 nor 835 is not limited to those facilities or
activities subject to civil penalties. The Department's authority to
regulate its activities and those of its contractors derives from
section 161 of the AEA. Section 161i. extends this authority to all
activities undertaken by or for the Department pursuant to the AEA. The
Price-Anderson Amendments Act of 1988 added section 234A to the Atomic
Energy Act to provide the Department with authority to assess civil
penalties for violations of rules, regulations or orders relating to
nuclear safety by contractors and subcontractors who are indemnified by
the Department pursuant to the Price-Anderson Act.10 Section 234A
did not limit the Department's regulatory authority under the Atomic
Energy Act to those situations where the Department can assess civil
penalties (that is, situations where there is a Price-Anderson
indemnity agreement). Nor does Part 820, 830, or 835 contain any
provision that would limit the exercise of this authority to only those
facilities or activities subject to civil penalties.
\10\ Section 234A.a. states:
Any person who has entered into an agreement of indemnification
under subsection 170d. (or any subcontractor or supplier thereto)
who violates (or whose employee violates) any applicable rule,
regulation, or order related to nuclear safety prescribed or issued
by the Secretary of Energy pursuant to this Act * * * shall be
subject to a civil penalty. * * *
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4. To what extent do Parts 830 and 835 apply to subcontractors and
suppliers, and is applicability dependent upon indemnification under
the Price-Anderson provisions of the Atomic Energy Act?
Both Parts 830 and 835 apply to subcontractors and suppliers. As
discussed in the response to question 3, there is no provision in the
AEA or in 10 CFR Part 820, 830, or 835 that would limit the
applicability of the requirements in Parts 830 and 835 to persons
indemnified under the Price-Anderson provisions of the Atomic Energy
Act.11 Both parts provide that ``no person shall take or cause to
be taken any action inconsistent with the requirements of the[ese]
Part[s] or any program, plan, schedule, or other process established by
the[ese] Part[s].'' 12 As discussed in the response to question 2,
the definition of ``person'' in Parts 830 and 835 covers all
individuals and entities other than the Department, the Commission and
their employees. Thus, Parts 830 and 835 and implementation plans
adopted thereunder apply to all contractors, subcontractors, suppliers
and their employees. Even a visitor to a facility is obligated to
comply with applicable requirements in these rules.
\11\ Section 11 of the Atomic Energy Act defines ``person
indemnified'' as ``the person with whom an indemnity agreement is
executed * * * and any other person who may be liable for public
liability. * * *'' (emphasis added)
\12\ Sections 830.4(a) and 835.3(a) are set forth in footnotes 4
and 8, supra.
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5. To what extent are activities performed on a DOE site subject to
Parts 830 and 835 if they are regulated by the Nuclear Regulatory
Commission (including activities certified by the NRC under section
1701 of the Atomic Energy Act) or by a State under an agreement with
the NRC?
Both Parts 830 and 835 contain an explicit exclusion for activities
regulated through a license by the Nuclear Regulatory Commission or a
State under an Agreement with the
[[Page 4211]]
NRC 13 (or certified by the NRC under section 1701 of the Atomic
Energy Act).14 This exclusion is intended to prevent an activity
from being subject to dual regulation under the Atomic Energy Act. The
exclusion is not intended to permit activities to escape regulation and
thus applies only to the portion of a facility or activity conducted
pursuant to a NRC license or certification or state authorization
derived from an agreement with the NRC.
\13\ Section 274 of the Atomic Energy Act provides that the NRC
can enter into an agreement with a State to permit the State to
regulate byproduct, special nuclear, and source material in certain
specified situations. To the extent the NRC exercises this provision
to transfer authority to a State, the State is considered an
``Agreement State.''
\14\ Section 830.2 states:
This part does not apply to:
(a) Activities that are regulated through a license by the
Nuclear Regulatory Commission (NRC) or a State under an Agreement
with the NRC, including activities certified by the NRC under
section 1701 of the Atomic Energy Act.
Section 835.1(b) states:
The requirements in this part do not apply to:
(1) Activities that are regulated through a license by the
Nuclear Regulatory Commission or a State under an Agreement with the
Nuclear Regulatory Commission, including activities certified by the
Nuclear Regulatory Commission under section 1701 of the Atomic
Energy Act.
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6. To what extent are DOE activities performed off a DOE site
subject to Parts 830 and 835, and what is the effect if these
activities are performed on a site regulated by the Nuclear Regulatory
Commission or by an Agreement State?
Part 830/Offsite Activities. Part 830 provides that it ``governs
the conduct of the Department of Energy (DOE) management and operating
contractors and other persons at DOE nuclear facilities.'' 10 CFR 830.1
(emphasis added) Section 830.3 provides that a ``nuclear facility'' may
be either a ``reactor'' or a ``nonreactor nuclear facility.'' 15
``Nonreactor nuclear facility means those activities or operations that
involve radioactive or fissionable material in such form and quantity
that a nuclear hazard potentially exists to the employees or the
general public.'' 16 Thus, nonreactor facility includes not just
facilities but activities and operations. However, because Part 830
applies only at a DOE nuclear facility, Part 830 applies only at DOE
operations and activities and would not apply, for example, at a
supplier's facility.17
\15\ Section 830.3(a) states:
Nuclear facility means reactor and nonreactor nuclear
facilities.
* * * * *
Non-reactor nuclear facility means those activities or
operations that involve radioactive and/or fissionable materials in
such form and quantity that a nuclear hazard potentially exists to
the employees or the general public. Incidental use and generating
of radioactive materials in a facility operation (e.g., check and
calibration sources, use of radioactive sources in research and
experimental and analytical laboratory activities, electron
microscopes, and X-ray machines) would not ordinarily require the
facility to be included in this definition. Transportation of
radioactive materials, accelerators and reactors and their
operations are not included. The application of any rule to a
nonreactor nuclear facility shall be applied using a graded
approach. Included are activities or operations that:
(1) Produce, process, or store radioactive liquid or solid
waste, fissionable materials, or tritium;
(2) Conduct separations operations;
(3) Conduct irradiated materials inspections, fuel fabrication,
decontamination, or recovery operations;
(4) Conduct fuel enrichment operations;
(5) Perform environmental remediation or waste management
activities involving radioactive materials; or
(6) Design, manufacture, or assemble items for use with
radioactive materials and/or fissionable materials in such form or
quantity that a nuclear hazard potentially exists.
* * * * *
Reactor means * * * the entire nuclear reactor facility,
including the housing, equipment, and associated areas devoted to
the operation and maintenance of one or more reactor cores. * * *
\16\ 10 CFR Part 830.3(a). Neither the AEA nor Part 830 limits
the meaning of radioactive or fissionable material. In the preamble
to the final rule that adopted Part 830, the Department rejected
comments that requested a threshold to exclude coverage of low
hazard facilities and reaffirmed its intent to cover all facilities
that involve radioactive material in such form and quantity that a
nuclear hazard potentially exists. See comment 9 and the response
thereto, 59 FR 15844 (1994). In the same preamble, the Department
stated that the definition of hazard in Part 830 is intended to
cover ``all situations with any potential to cause harm to people,
facilities, or the environment.'' See comment 7 and the respose
thereto, 59 FR 15488 (1994). We are considering limiting the scope
of Part 830 to those nuclear facilities classified as category 3 or
higher in DOE Standard 1027. See Notice of Limited Reopening of
Comment Periods, 60 FR 45381, August 31, 1995.
The only activities involving radioactive or fissionable
materials not covered are those explicitly excluded by the
definition of ``nonreactor nuclear facility,'' that is, activities
that involve (1) transportation of radioactive material, (2)
accelerators, or (3) the incidental use or generation of radioactive
material associated with devices such as check and calibration
sources, electron microscopes, and X-ray machines. While some
activities at nuclear weapons facilities are excluded from coverage
pursuant to section 830.2, these facilities are nonetheless nuclear
facilities for purposes of section 830.3 and most activities at
these facilities are covered by Part 830.
\17\ DOE is considering expanding the scope of 830 to include
those off-site activities that may affect the safe management of DOE
sites and has requested comments on this issue in its Notice of
Limited Reopening of Comment Periods published on August 31, 1995 in
the Federal Register, 60 FR 45381.
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Part 835/Offsite Activities. Part 835 is not limited to DOE
activities at a DOE facility. Part 835 applies to the ``conduct of DOE
activities.'' 18 ``DOE activities'' include ``an activity taken
for or by the DOE that has the potential to result in * * * exposure *
* * to radiation or radioactive material.'' 19 Thus, Part 835
covers activities performed off a DOE site and would include, for
example, an action taken for DOE by a supplier at the supplier's
faciltiy.20
\18\ See footnote 7.
\19\ Section 835.2(a) states:
DOE activities means an activity [sic] taken for or by the DOE
that has the potential to result in the occupational exposure of an
individual to radiation or radioactive material. The activity may
be, but is not limited to, design, construction, operation, or
decommissioning. To the extent appropriate, the activity may involve
a single DOE facility or operation or a combination of facilities
and operations, possibly including an entire site.
\20\ The scope of Part 835 is also broader than 830 in that it
does not exclude accelerators, transportation activities or
incidental use of radioactive materials that are excluded from the
definition of nonreactor nuclear facility in 830. See comment 11 and
response thereto in the preamble to the final Part 835 rule, 59 FR
15845 (1994).
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Effect of NRC or State Licensing on Applicability of Parts 830 and
835. DOE activities that are subject to Nuclear Regulatory Commission
licensing or certification or to Agreement State regulation are
excluded from regulation under Parts 830 and 835. See answer to
Question 5 above. With respect to activities regulated by a State, this
exclusion only applies to the extent the State is regulating pursuant
to AEA authority derived through an Agreement with the NRC.
7. To what extent do Parts 830 and 835 apply to activities
performed under cooperative agreements, grants, and work-for-others?
Parts 830 and 835 apply to activities undertaken pursuant to the
Department's authority under the Atomic Energy Act, including
arrangements involving activities under cooperative agreements, grants,
and work-for-others pursuant to its authority under section 31
(Research Assistance) and section 33 (Research For Others) of the AEA.
Because neither Part 830 nor Part 835 contain any explicit exclusion of
activities performed under work-for-others arrangements, cooperative
agreements, or grants, the requirements in Parts 830 and 835 apply to
such activities to the same extent the requirements apply to other
activities undertaken pursuant to the Department's authority under the
AEA.
Section 31d. of the Atomic Energy Act provides that arrangements
under that section (cooperative agreements and grants) ``shall contain
such provisions (1) to protect health [and] (2) to minimize danger to
life and property * * * as the [Department] may determine.'' Thus, the
Department has discretion to exclude from a particular arrangement some
or all of the requirements in Parts 830 and 835.
Although the requirements of Parts 830 and 835 apply to
arrangements other than contracts, civil penalty assessments are
authorized only for a
[[Page 4212]]
``person who may conduct activities under a contract with the
Department of Energy * * *'' and any subcontractor or supplier thereto.
Civil penalties are not authorized for activities conducted under a
cooperative agreement, grant, or work-for-others arrangement, as
distinguished from a contract. See Sections 234Aa. and 170d.(1)(A) of
the AEA and the answer to question 8 below.
8. May DOE assess civil penalties against persons other than
contractors indemnified under the Price-Anderson provisions of the
Atomic Energy Act?
Civil penalties apply only to contractors who are indemnified under
the Price-Anderson Act and any subcontractors and suppliers thereto.
Section 234A of the AEA authorizes civil penalties assessment for
contractors of the Department (or any subcontractor or supplier
thereto) that have entered into a Price-Anderson indemnity agreement
with the Department. Section 170d.(1)(A) of the AEA mandates a Price-
Anderson indemnity agreement between the Department and a contractor if
activities by the contractor for the Department involve the risk of
public liability.21 Section 11 of the Atomic Energy Act defines
public liability as ``any legal liability arising out of or resulting
from a nuclear incident'' and defines nuclear incident as ``any
occurrence * * * causing [damage or injury] * * * arising out of or
resulting from * * * source, special nuclear, or byproduct material.''
\21\ Section 170d.(1)(A) states:
[T]he Secretary shall * * * enter into agreements of
indemnification * * * with any person who may conduct activities
under a contract with the Department of Energy that involve the risk
of public liability.* * *
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Section 234A further limits civil penalties to situations where a
contractor (or any subcontractor or supplier thereto) violates any
applicable rule, regulation, or order of the Secretary of Energy
relating to nuclear safety. 10 CFR Part 820 sets forth the procedural
rules for DOE nuclear activities, including the procedures for
assessing civil penalties. Part 820 defines nuclear safety requirement
broadly to include all ``enforceable rules, regulations, or orders
relating to nuclear safety adopted by DOE.* * *'' 22 Section
820.20(b) limits the basis for assessment of civil penalties to
violations of a DOE Nuclear Safety Requirement, i.e., one set forth in
the Code of Federal Regulations, a Compliance Order under part 820, or
a plan or program implementing those provisions.23 Thus, the
requirements in Parts 830 and 835 form part of the set of nuclear
safety requirements which, if violated, provide a basis for the
assessment of civil penalties.
\22\ Part 820.2(a) states:
DOE Nuclear Safety Requirements means the set of enforceable
rules, regulations, or orders relating to nuclear safety adopted by
DOE (or by another agency if DOE specifically identifies the rule,
regulation, or order) to govern the conduct of persons in connection
with any DOE activity and includes any programs, plans, or other
provisions intended to implement these rules, regulations, orders, a
Nuclear Statute [that is, any statute or provision of a statute that
relates to a DOE nuclear activity and for which DOE is responsible],
the [Atomic Energy] Act, including technical specifications and
operational safety requirements for DOE nuclear facilities. For
purposes of the assessment of civil penalties, the definition of DOE
Nuclear Safety Requirements is limited to those set forth in 10 CFR
section 820.20(b). (emphasis added)
\23\ Section 820.20(b) provides that the basis for the
assessment of civil penalties is a violation of:
(1) Any DOE Nuclear Safety Requirement set forth in the Code of
Federal Regulations;
(2) Any Compliance Order issued pursuant to subpart C of this
part; or
(3) Any program, plan, or other provision required to implement
any requirement or order identified in paragraphs (b)(1) or (b)(2)
of this section.
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Therefore, only a Price-Anderson indemnified DOE contractor, and
any subcontractor or supplier thereto, who violates a nuclear safety
requirement of the type listed in section 820.20(b), may be assessed a
civil penalty by the Department.
9. Are there any indemnification provisions other than the Price-
Anderson provisions that apply to DOE facilities and activities and, if
so, could such indemnification be used to invoke civil penalties for
violations of Parts 830 and 835 or the applicability of the
requirements in Parts 830 and 835?
Although there are other indemnification provisions that could be
applied to DOE facilities and activities, there are no other
indemnification provisions that could be used to invoke civil penalties
under section 234A of the AEA. Section 170d.(1)(B)(i)(I) of the Atomic
Energy Act provides that agreements of indemnification under the Price-
Anderson provisions of that Act shall be the ``exclusive means of
indemnification for public liability arising from activities''
conducted under a contract with the Department. This restriction on the
Secretary's use of indemnity authority is directed to indemnification
for public liability. With respect to situations involving liability
other than public liability as defined in section 11 of the AEA,24
other indemnification provisions (such as Public Law 85-804) may be
available.
\24\ See discussion in the answer to Question 8 above, regarding
the definition of public liability.
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As discussed in the response to question 8, civil penalties under
section 234A may be assessed only with respect to contractors
indemnified under the Price-Anderson provisions of the AEA. The
requirements of Parts 830 and 835, however, may be applied to DOE
facilities or activities whether or not such facilities or activities
are covered by DOE indemnification. As discussed in the response to
question 3, section 161 of the AEA is the authority for the
requirements in Parts 830 and 835 and the exercise of this authority is
not dependent on whether the Department provides an indemnification for
liability resulting from the activities to which the requirements
apply.
10. What is the purpose of the exclusion in Parts 830 and 835 for
activities conducted under the Nuclear Explosives and Weapons Safety
Program relating to the prevention of accidental or unauthorized
nuclear detonations and what activities are intended to be included
within the scope of this exclusion?
Parts 830 and 835 contain identical exclusions for ``[a]ctivities
conducted under the Nuclear Explosives and Weapons Safety Program
relating to the prevention of accidental or unauthorized nuclear
detonations.'' 25 This exclusion is drafted narrowly to cover only
those activities necessary to prevent an accidental or unauthorized
nuclear detonations (that is, where the component parts of a nuclear
weapon have been assembled in a manner such that a nuclear detonation
could take place). The basis for this exclusion is the paramount
importance of preventing accidental or unauthorized nuclear detonations
and ensuring that the requirements in Parts 830 and 835 do not come
into conflict with activities necessary to prevent any such detonation.
\25\ Sections 830.2(c) and 835.1(b)(3).
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However, these exclusions are not intended to relieve the person
responsible for a DOE nuclear facility or a DOE activity from complying
with the requirements in Parts 830 and 835 to the extent they do not
interfere with the conduct of activities undertaken to prevent an
accidental or unauthorized nuclear detonation. For example, under Part
830, a contractor must develop and implement a Quality Assurance
Program for a nuclear facility where nuclear weapons are or may be
present. A provision within the Quality Assurance Program may be
disregarded, however, to the extent it limits the conduct of an
activity to prevent the detonation of a nuclear weapon. Under Part 835,
for example, a contractor must implement and comply with the
radiological posting requirements with respect to a
[[Page 4213]]
DOE activity that involves or may involve nuclear weapons. These
posting requirements may be disregarded, however, to the extent they
limit the conduct of a particular activity to prevent the detonation of
a nuclear weapon, such as moving the weapon to an area that is not
posted correctly for the presence of a nuclear weapon.
The Department, recognizes that the exclusion could be interpreted
more broadly than intended and therefore may adopt a clarifying
amendment to the exclusions stated in 10 CFR 830.2(c) and
835.1(b)(3).26
\26\ See Notice of Limited Reopening of Comment Periods, 60 FR
45381, 45384 (1995) for a discussion of the weapons exclusion.
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Robert R. Nordhaus,
General Counsel.
[FR Doc. 96-2345 Filed 2-2-96; 8:45 am]
BILLING CODE 6450-01-P
