180 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024

Section 180-1-003 - EXEMPTIONS

The following are exempted from Title 180:

003.01GENERAL PROVISION. The Department may, upon application or on its own initiative, grant exemptions or exceptions from the requirements of Title 180 if it determines the exemption or exception is authorized by law and is consistent with Neb. Rev. Stat. § 713507(4).

003.02UNITED STATES DEPARTMENT OF ENERGY CONTRACTORS AND UNITED STATES NUCLEAR REGULATORY COMMISSION CONTRACTORS. Any United States Department of Energy contractor or subcontractor and any United States Nuclear Regulatory Commission contractor or subcontractor of the following categories operating within this State is exempt from Title 180 to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers, or acquires sources of radiation:

(A) Prime contractors performing work for the United States Department of Energy at United States Government-owned or -controlled sites, including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation;

(B) Prime contractors of the United States Department of Energy performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or their components;

(C) Prime contractors of the United States Department of Energy using or operating nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel; and

(D) Any other prime contractor or subcontractor of the United States Department of Energy or of the United States Nuclear Regulatory Commission when the State and the United States Nuclear Regulatory Commission jointly determine:

(i) That the exemption of the prime contractor or subcontractor is authorized by law; and

(ii) That, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.

180 Neb. Admin. Code, ch. 1, § 003

Amended effective 6/15/2021