--- kind: "section" citation: "10 C.F.R. § 26.3" title: "10" number: "26.3" heading: "Scope." url: "https://uscodex.org/cfr/10/26.3" --- # §26.3. Scope. - (a) Licensees who are authorized to operate a nuclear power reactor under [10 CFR 50.57](/cfr/10/50.57.md), and holders of a combined license under [10 CFR Part 52](/cfr/10/part52.md) after the Commission has made the finding under [10 CFR 52.103(g)](/cfr/10/52.103.md?p=g) shall comply with the requirements of this part, except for [subpart K](/cfr/10/subpartK.md) of this part. Licensees who receive their authorization to operate a nuclear power reactor under [10 CFR 50.57](/cfr/10/50.57.md) after the date of publication of this final rule in the Federal Register and holders of a combined license under [10 CFR Part 52](/cfr/10/part52.md) after the Commission has made the finding under [10 CFR 52.103(g)](/cfr/10/52.103.md?p=g) shall implement the FFD program before the receipt of special nuclear material in the form of fuel assemblies. - (b) Licensees who are authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM) under [Part 70](/cfr/10/part70.md) of this chapter, and any corporation, firm, partnership, limited liability company, association, or other organization who obtains a certificate of compliance or an approved compliance plan under [Part 76](/cfr/10/part76.md) of this chapter, only if the entity elects to engage in activities involving formula quantities of SSNM shall comply with the requirements of this part, except for subparts [I](/cfr/10/subpartI.md) and [K](/cfr/10/subpartK.md) of this part. - (c) Before the receipt of special nuclear material in the form of fuel assemblies, the following licensees and other entities shall comply with the requirements of this part, except for subpart I of this part; and, no later than the receipt of special nuclear material in the form of fuel assemblies, the following licensees and other entities shall comply with the requirements of this part: - (1) Combined license applicants (under [Part 52](/cfr/10/part52.md) of this chapter) who have been issued a limited work authorization under [§ 50.10(e)](/cfr/10/50.10.md?p=e), if the limited work authorization authorizes the applicant to install the foundations, including the placement of concrete, for safety- and security-related structures, systems, and components (SSCs) under the limited work authorization; - (2) Combined license holders (under [Part 52](/cfr/10/part52.md) of this chapter) before the Commission has made the finding under [§ 52.103(g)](/cfr/10/52.103.md?p=g); - (3) Construction permit applicants (under [Part 50](/cfr/10/part50.md) of this chapter) who have been issued a limited work authorization under [§ 50.10(e)](/cfr/10/50.10.md?p=e), if the limited work authorization authorizes the applicant to install the foundations, including the placement of concrete, for safety- and security-related SSCs under the limited work authorization; - (4) Construction permit holders (under [Part 50](/cfr/10/part50.md) of this chapter); and - (5) Early site permit holders who have been issued a limited work authorization under [§ 50.10(e)](/cfr/10/50.10.md?p=e), if the limited work authorization authorizes the early site permit holder to install the foundations, including the placement of concrete, for safety- and security-related SSCs under the limited work authorization. - (d) Contractor/vendors (C/Vs) who implement FFD programs or program elements, to the extent that the licensees and other entities specified in paragraphs [(a) through (c)](#a..c) and [(f)](#f) of this section rely on those C/V FFD programs or program elements to meet the requirements of this part, shall comply with the requirements of this part. - (e) This part does not apply to either spent fuel storage facility licensees or non-power production or utilization facility licensees who possess, use, or transport formula quantities of irradiated SSNM. - (f) No later than the start of construction activities, licensees and other entities that have applied for or have been issued a license under [part 53](/cfr/10/part53.md) of this chapter, other than a manufacturing license (ML), must implement the requirements in [subpart M](/cfr/10/subpartM.md) of this part or all the requirements of this part except [subparts K](/cfr/10/subpartK.md) and M. Holders of an ML under [part 53](/cfr/10/part53.md) of this chapter must implement the requirements in [subpart M](/cfr/10/subpartM.md) or all the requirements of this part except subparts [K](/cfr/10/subpartK.md) and [M](/cfr/10/subpartM.md), before commencing activities that assemble a manufactured reactor. ## Notes ### Amendments [73 FR 17176, Mar. 31, 2008, as amended at 89 FR 106250, Dec. 30, 2024; 91 FR 15775, Mar. 30, 2026] ### Authority Authority: Atomic Energy Act of 1954, secs. 53, 103, 104, 107, 161, 223, 234, 1701 (42 U.S.C. 2073, 2133, 2134, 2137, 2201, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note. ### Source Source: 73 FR 17176, Mar. 31, 2008, unless otherwise noted. ### Amendments [73 FR 17176, Mar. 31, 2008, as amended at 89 FR 106250, Dec. 30, 2024; 91 FR 15775, Mar. 30, 2026]