(a) Applicants for an OL under this part, or any amendment to an OL, may include in the application a request for an exemption from one or more of the Commission's regulations. The Commission may grant an exemption request if it determines that the exemption complies with § 53.080.
(b) An applicant for an OL who has filed an application referencing an NRC approval, permit, license, or certification issued under this part may include in the application a request for departures, variances, or exemptions related to the subject referenced NRC approval, permit, license, or certification. In determining whether to grant the departure, variance, or exemption, the Commission must apply the same technically relevant criteria as were applicable to the application for the original or renewed approval, license, or certification.
authority: Atomic Energy Act of 1954, secs. 11, 101, 103, 108, 122, 147, 161, 181, 182, 183, 184, 185, 186, 187, 189, 223, 234 (
42 U.S.C. 2014,
2131,
2132,
2133,
2134,
2135,
2138,
2152,
2167,
2169,
2201,
2231,
2232,
2233,
2234,
2235,
2236,
2237,
2239,
2273,
2282; Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (
42 U.S.C. 5841,
5842,
5846,
5851; Nuclear Waste Policy Act of 1982, sec. 306 (
42 U.S.C. 10226); National Environmental Policy Act of 1969 (
42 U.S.C. 4332);
44 U.S.C. 3504 note; Pub. L. 115-439, 132 Stat. 5571
source: 91 FR 15794, Mar. 30, 2026, unless otherwise noted.
cite as: 10 CFR 53.1384