§ 1017.5. Requesting a deviation.
213 words·~1 min read·
/us/cfr/t10/s§ 1017.5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any person may request a deviation, or condition that diverges from the norm and that is categorized as:
(1)A variance (i.e., an approved condition that technically varies from a requirement in these regulations);
(2)A waiver (i.e., an approved nonstandard condition that deviates from a requirement in these regulations and which, if uncompensated, would create a potential or real vulnerability); or
(3)An exception (i.e., an approved deviation from a requirement in these regulations for which DOE accepts the risk of a safeguards and security vulnerability) according to the degree of risk involved.
(b)In writing, the person must:
(1)Identify the specific requirement for which the deviation is being requested;
(2)Explain why the deviation is needed; and,
(3)If appropriate, describe the alternate or equivalent means for meeting the requirement.
(c)DOE employees must submit such requests according to internal directives. DOE contractors must submit such requests according to directives incorporated into their contracts. Other individuals must submit such requests to the Office of Classification, Office of Environment, Health, Safety and Security, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-1290. The Office of Classification's decision must be made within 30 days. [73 FR 32641, June 10, 2008, as amended at 88 FR 41294, June 26, 2023]