---
kind: "section"
citation: "10 C.F.R. § 55.40"
title: "10"
number: "55.40"
heading: "Implementation."
url: "https://uscodex.org/cfr/10/55.40"
---

# §55.40. Implementation.

- (a) The Commission shall use the criteria in NUREG-1021, “Operator Licensing Examination Standards for Power Reactors,” 1 in effect six months before the examination date to prepare the written examinations required by §§ [55.41](/cfr/10/55.41.md) and [55.43](/cfr/10/55.43.md) and the operating tests required by [§ 55.45](/cfr/10/55.45.md). The Commission shall also use the criteria in NUREG-1021 to evaluate the written examinations and operating tests prepared by power reactor facility licensees pursuant to [paragraph (b)](#b) of this section.
- (b) Power reactor facility licensees may prepare, proctor, and grade the written examinations required by §§ [55.41](/cfr/10/55.41.md) and [55.43](/cfr/10/55.43.md) and may prepare the operating tests required by [§ 55.45](/cfr/10/55.45.md), subject to the following conditions:
  - (1) Power reactor facility licensees shall prepare the required examinations and tests in accordance with the criteria in NUREG-1021 as described in [paragraph (a)](#a) of this section;
  - (2) Pursuant to [§ 55.49](/cfr/10/55.49.md), power reactor facility licensees shall establish, implement, and maintain procedures to control examination security and integrity;
  - (3) An authorized representative of the power reactor facility licensee shall approve the required examinations and tests before they are submitted to the Commission for review and approval; and
  - (4) Power reactor facility licensees must receive Commission approval of their proposed written examinations and operating tests.
- (c) In lieu of [paragraph (b)](#b) of this section and upon written request from a power reactor facility licensee pursuant to [§ 55.31(a)(3)](/cfr/10/55.31.md?p=a-3), the Commission shall, for that facility licensee, prepare, proctor, and grade, the written examinations required by §§ [55.41](/cfr/10/55.41.md) and [55.43](/cfr/10/55.43.md) and the operating tests required by [§ 55.45](/cfr/10/55.45.md). In addition, the Commission may exercise its discretion and reject a power reactor facility licensee's determination to elect [paragraph (b)](#b) of this section, in which case the Commission shall prepare, proctor, and grade the required written examinations and operating tests for that facility licensee.
- (d) The Commission shall use the criteria in NUREG-1478, “Operator Licensing Examiner Standards for Research and Test Reactors,” for all non-power reactors to prepare, proctor, and grade the written examinations required by §§ [55.41](/cfr/10/55.41.md) and [55.43](/cfr/10/55.43.md) and the operating tests required by [§ 55.45](/cfr/10/55.45.md) for non-power reactor facility licensees.

## Notes

### Amendments

[64 FR 19878, Apr. 23, 1999, as amended at 69 FR 76600, Dec. 22, 2004; 79 FR 66604, Nov. 10, 2014; 80 FR 45844, Aug. 3, 2015; 80 FR 74980, Dec. 1, 2015; 89 FR 106252, Dec. 30, 2024]

### Authority

Authority: Atomic Energy Act of 1954, secs. 107, 161, 181, 182, 183, 186, 187, 223, 234 (42 U.S.C. 2137, 2201, 2231, 2232, 2233, 2236, 2237, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, sec. 306 (42 U.S.C. 10226); 44 U.S.C. 3504 note.

### Source

Source: 52 FR 9460, Mar. 25, 1987, unless otherwise noted.

### Amendments

[64 FR 19878, Apr. 23, 1999, as amended at 69 FR 76600, Dec. 22, 2004; 79 FR 66604, Nov. 10, 2014; 80 FR 45844, Aug. 3, 2015; 80 FR 74980, Dec. 1, 2015; 89 FR 106252, Dec. 30, 2024]