C.F.R.
»
Title 10
» CHAPTER X—DEPARTMENT OF ENERGY (GENERAL PROVISIONS) › PART 1046—MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL › Subpart B—Protective Force (PF) Personnel
Department PF personnel must be individuals who:
(a) Are medically certified by the PPMD pursuant to the procedures set out in § 1046.13 to perform all of the applicable essential functions of the job, as set forth in § 1046.11;
(b) Meet the physical readiness qualification standards set forth in § 1046.16; and
(c) Are determined to be qualified as having the knowledge, skills, abilities and completed the requirements of a formal training program as set out in § 1046.16.
Notes of Decisions
Davidson v. Martin Marietta Energy Sys., Inc., 797 F. Supp. 613 (E.D. Tenn. 1990).
· cites it 7× “In addition, 10 C.F.R. § 1046.12 provides for the creation of physical fitness training programs for incumbent security inspectors as follows: (a) Beginning January 24, 1985, each incumbent security inspector, who has not met the applicable physical fitness qualification…”
J.E. Davidson v. United States Dep't of Energy, 838 F.2d 850 (6th Cir. 1988).
“10 C.F.R. § 1046.12 . The individual plaintiffs who filed this action challenging these standards are present and former security inspectors employed by Martin Marietta at Oak Ridge DOE nuclear facilities.”
Aguilar v. N2MIS, No. 2:24-cv-01180 (D.N.M. Sept. 26, 2025).
· cites it 4× “The sole case that N2MIS locates on this question holds that the relevant federal statute2 does not intend to create a private right of action to enforce a closely related regulation, see 10 C.F.R. § 1046.12 , titled “Medical, physical readiness, and training requirements for…”
10 C.F.R. § 1046.12(c): 1 case
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