Browse Arkansas Code titles and sections
42 U.S.C. § 16042 — Department of Homeland Security con-
Federal law — U.S. Code and appendices · legal_authorities
Page 8763
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16051
clude byproduct material, as defined in
paragraph (3) or (4) of section 2014(e) of
this title, if the Governor of the State
certifies to the Commission on the date
of publication of the transition plan
that—
(aa) the State has a program for li-
censing byproduct material, as defined
in paragraph (3) or (4) of section 2014(e)
of this title, that is adequate to pro-
tect the public health and safety, as
determined by the Commission; and
(bb) the State intends to continue to
implement the regulatory responsi-
bility of the State with respect to the
byproduct material.
(D) Availability of radiopharmaceuticals
In promulgating regulations under sub-
paragraph (A), the Commission shall con-
sider the impact on the availability of radio-
pharmaceuticals to—
(i) physicians; and
(ii) patients the medical treatment of
which relies on radiopharmaceuticals.
(5) Waivers
(A) In general
Except as provided in subparagraph (B),
the Commission may grant a waiver to any
entity of any requirement under this section
or an amendment made by this section with
respect to a matter relating to byproduct
material (as defined in paragraphs (3) and (4)
of section 2014(e) of this title) if the Commis-
sion determines that the waiver is in accord-
ance with the protection of the public health
and safety and the promotion of the common
defense and security.
(B) Exceptions
(i) In general
The Commission may not grant a waiver
under subparagraph (A) with respect to—
(I) any requirement under the amend-
ments made by subsection (c)(1);
(II) a matter relating to an importa-
tion into, or exportation from, the
United States for a period ending after
the date that is 1 year after August 8,
2005; or
(III) any other matte
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16042
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Source file: Laws/federal/codes/united-states-code-2024/title-42/section-16042-department-of-homeland-security-con--800c7f4045.md
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Source location: USCODE-2024-title42-chap149-subchapVI-partC-sec16042.pdf
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Page 8763
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16051
clude byproduct material, as defined in
paragraph (3) or (4) of section 2014(e) of
this title, if the Governor of the State
certifies to the Commission on the date
of publication of the transition plan
that—
(aa) the State has a program for li-
censing byproduct material, as defined
in paragraph (3) or (4) of section 2014(e)
of this title, that is adequate to pro-
tect the public health and safety, as
determined by the Commission; and
(bb) the State intends to continue to
implement the regulatory responsi-
bility of the State with respect to the
byproduct material.
(D) Availability of radiopharmaceuticals
In promulgating regulations under sub-
paragraph (A), the Commission shall con-
sider the impact on the availability of radio-
pharmaceuticals to—
(i) physicians; and
(ii) patients the medical treatment of
which relies on radiopharmaceuticals.
(5) Waivers
(A) In general
Except as provided in subparagraph (B),
the Commission may grant a waiver to any
entity of any requirement under this section
or an amendment made by this section with
respect to a matter relating to byproduct
material (as defined in paragraphs (3) and (4)
of section 2014(e) of this title) if the Commis-
sion determines that the waiver is in accord-
ance with the protection of the public health
and safety and the promotion of the common
defense and security.
(B) Exceptions
(i) In general
The Commission may not grant a waiver
under subparagraph (A) with respect to—
(I) any requirement under the amend-
ments made by subsection (c)(1);
(II) a matter relating to an importa-
tion into, or exportation from, the
United States for a period ending after
the date that is 1 year after August 8,
2005; or
(III) any other matter for a period end-
ing after the date that is 4 years after
August 8, 2005.
(ii) Waivers to States
The Commission shall terminate any
waiver granted to a State under subpara-
graph (A) if the Commission determines
that—
(I) the State has entered into an agree-
ment with the Commission under section
2021(b) of this title;
(II) the agreement described in sub-
clause (I) covers byproduct material (as
described in paragraph (3) or (4) of sec-
tion 2014(e) of this title); and
(III) the program of the State for li-
censing such byproduct material is ade-
quate to protect the public health and
safety.
(C) Publication
The Commission shall publish in the Fed-
eral Register a notice of any waiver granted
under this subsection.
(Pub. L. 109–58, title VI, § 651, Aug. 8, 2005, 119
Stat. 799.)
Editorial Notes
REFERENCES IN TEXT
For references to ‘‘the amendments made by this sec-
tion’’, ‘‘an amendment made by this section’’, and ‘‘the
amendments made by subsection (c)(1)’’, appearing in
subsecs. (e)(4)(A)(i), (e)(5)(A), and (e)(5)(B)(i)(I), respec-
tively, see Codification note below.
CODIFICATION
Section is comprised of section 651 of Pub. L. 109–58.
Subsec. (a)(1), (2) of section 651 of Pub. L. 109–58 enacted
sections 2210d and 2210e of this title, subsec. (c)(1) of
section 651 of Pub. L. 109–58 amended section 2051 of
this title, subsecs. (c)(2) to (5) and (d) of section 651 of
Pub. L. 109–58 enacted sections 2210f to 2210h and 2015c
of this title, and subsec. (e)(1) to (3) of section 651 of
Pub. L. 109–58 amended sections 2014, 2021, 2021b, and
2111 of this title.
§ 16042. Department of Homeland Security con-
sultation
Before issuing a license for a utilization facil-
ity, the Nuclear Regulatory Commission shall
consult with the Department of Homeland Secu-
rity concerning the potential vulnerabilities of
the location of the proposed facility to terrorist
attack.
(Pub. L. 109–58, title VI, § 657, Aug. 8, 2005, 119
Stat. 814.)
SUBCHAPTER VII—VEHICLES AND FUELS
PART A—EXISTING PROGRAMS
§ 16051. Joint flexible fuel/hybrid vehicle com-
mercialization initiative
(a) Definitions
In this section:
(1) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a for-profit corporation;
(B) a nonprofit corporation; or
(C) an institution of higher education.
(2) Program
The term ‘‘program’’ means a program es-
tablished under subsection (b).
(b) Establishment
The Secretary shall establish a program to im-
prove technologies for the commercialization
of—
(1) a combination hybrid/flexible fuel vehi-
cle; or
(2) a plug-in hybrid/flexible fuel vehicle.
(c) Grants
In carrying out the program, the Secretary
shall provide grants that give preference to pro-
posals that—
(1) achieve the greatest reduction in miles
per gallon of petroleum fuel consumption;
(2) achieve not less than 250 miles per gallon
of petroleum fuel consumption; and
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **, (2) Omitted**
(3) **Federal security coordinators**
(A) *Regional offices* — Not later than 18 months after August 8, 2005, the Nuclear Regulatory Commission (referred to in this section as the “Commission”) shall assign a Federal security coordinator, under the employment of the Commission, to each region of the Commission.
(B) *Responsibilities* — The Federal security coordinator shall be responsible for—
(i) communicating with the Commission and other Federal, State, and local authorities concerning threats, including threats against such classes of facilities as the Commission determines to be appropriate;
(ii) monitoring such classes of facilities as the Commission determines to be appropriate to ensure that they maintain security consistent with the security plan in accordance with the appropriate threat level; and
(iii) assisting in the coordination of security measures among the private security forces at such classes of facilities as the Commission determines to be appropriate and Federal, State, and local authorities, as appropriate.
**(b) Backup power for certain emergency notification systems** For any licensed nuclear power plants located where there is a permanent population, as determined by the 2000 decennial census, in excess of 15,000,000 within a 50-mile radius of the power plant, not later than 18 months after August 8, 2005, the Commission shall require that backup power to be available for the emergency notification system of the power plant, including the emergency siren warning system, if the alternating current supply within the 10-mile emergency planning zone of the power plant is lost.
**(c) , (d) Omitted**
**(e) Final regulations; waivers**
(1) **to (3) Omitted**
(4) **Final regulations**
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16042
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