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alternate date with the basis. The Operations Office Manager shall ensure that the request for
exemption along with the Operations Office assessment of the requested decision date is
transmitted to the Secretarial Officer responsible for the activity for which the exemption is being
requested (Cognizant Secretarial Officer) within 4 days of receipt of the request. The Operations
Office Manager shall also ensure that a copy of the request is transmitted to the Assistant
Secretary of Environment, Safety and Health if the request relates to an exemption from
radiological protection provisions (10 CFR Part 834 or 835).
The Operations Office shall also provide the Program Office with its recommendation and support
on the approval of the exemption request on a schedule to be mutually agreed.
3.4 Evaluations. The approving Secretarial Officer (see section 3.5) is responsible for
evaluating the request for an exemption. Any exemption decision shall be documented in a letter
to the requesting contractor setting forth the reasons for granting or denying the requested
exemption. For any exemption which is approved, the documentation shall also include the basis
for determining that the criteria of 10 CFR Part 820, Subpart E, have been met.
Exemptions shall be evaluated in accordance the Department of Energy NEPA Implementing
Procedures (10 CFR Part 1021) whenever they will have a significant environmental impact that
has not been previously considered in a NEPA analysis.
Because contractors are required to comply with the nuclear safety rules, failure to decide
exemption requests in a timely manner could result in negative mission impacts, unnecessary
shutdowns, and/or additional costs. Therefore, the approving Secretarial Officer shall ensure that
exemptions are evaluated and decided in a timely manner. Exemption decisions shall be issued
within 180 days except where special circumstances warrant a delay in the decision. In these
cases, the approving Secretarial Officer shall provide the reason for the delay and the projected
decision date in writing to the requesting contractor, the Operations Office Manager, and the
Cognizant Secretarial Officer within 180 days of the request for exemption.
3.5 Evaluations of Exemptions from Radiological Protection Requirements Because
exemptions from the radiological protection requirements of 10 CFR Part 834 and 835 require

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